2024 IBA/IFA Joint Conference Brochure

THE FUTURE OF GLOBAL FRANCHISING: INNOVATIONS, TECHNOLOGIES, AND NEW MARKETS

MAY 7-8, 2024

· GRAND HYATT WASHINGTON · WASHINGTON, DC

EVENT SCHEDULE

This is a working brochure and more speakers and session information will be added as it becomes available.

TUESDAY, MAY 7

3:00 pm – 4:15 pm LEGAL SYMPOSIUM BASIC TRACK: INTERNATIONAL

Moderator: Noah Leszcz, Partner, Cassels

Speakers: Karen Luna, Head Counsel, Subway; Melissa Murray, Partner, Bird & Bird LLP

6:00 pm RECEPTION AND DINNER

RARE STEAKHOUSE & TAVERN, 1595 I ST NW, WASHINGTON, DC

RARE Steakhouse and Tavern is a short walk from the Grand Hyatt Washington. Cocktails and hors d’oeuvres will be served from 6:00 – 7:00 pm. Dinner will be served at 7:00 pm.

*One ticket to this reception and dinner is included in the IBA/IFA Conference registration fee. Tickets to just the reception and dinner are also available for purchase.

WEDNESDAY, MAY 8

7:30 am – 4:00 pm REGISTRATION DESK OPEN

7:30 am – 8:00 am CONTINENTAL BREAKFAST AVAILABLE

8:00 am – 8:10 am WELCOME & INTRODUCTION

Welcome and Introduction by the IBA International Franchising Committee Co-Chairs and IFA.

Alan Catlett, VP of Growth & Operations, IFA; Martine de Koning, Kennedy Van der Laan, The Netherlands; Kendal Tyre, Partner, Nixon Peabody

8:10 am – 9:25 am PLENARY 1: Hot Topics in International Franchise Law

This session will comprise of a series of roundtable discussions on various topics of interest to franchise lawyers and from around the world.

Session Chair: Melissa Murray, Bird & Bird, UAE

TABLE 1: Non-compete Clauses

Moderators: Gustavo Alcocer, Olivares, Mexico; Rocio Belda, Rocio Belda Law Office, Spain

TABLE 2: Performance Representations

Moderators: Michael Brooks-Zavodsky, Bird & Bird, Germany; Rob Lauer, Haynes Boones, U.S.A.

TABLE 3: Franchising in Asia

Moderators: Tugce Atli, Five Guys, the Netherlands; Abhishek Dube, Baker McKenzie, U.S.A.

TABLE 4: Impact of Climate Change / ESG on Franchising and How to Navigate It

Moderators: Alessandra Sonnati, FVA Law, Italy; Jeannette Wibmer, BWR Law, Switzerland

TABLE 5: Advertising and Marketing by Franchisees

Moderators: Jeffrey Brimer, Lexagon Law, U.S.A.; Farheen Ibrahim, Unleashed Brands, U.S.A.

TABLE 6: Negotiating Term and Termination Clauses Around the World

Moderators: Babette Marzheuser-Wood, UK / Germany; Tao Xu, DLA Piper, U.S.A.

TABLE 7: Trademark Registration Issues in Franchise Expansion

Moderators: Keri McWilliams, Nixon Peabody, U.S.A.; Paula Mena Barreto, CMA Law, Brazil/U.S.A.

TABLE 8: Impact of Emerging Technologies (including AI) on Franchising

Moderators: Jennifer Dolman, Osler, Canada; Benedikt Rohrssen, Taylor Wessing, Germany

TABLE 9: The Impact of Risk and Compliance on Cross Border Sales and Franchising Agreements

Moderator: Robyn Chatwood, Partner, Dentons Australia, Melbourne, AU; John Pratt, Hamilton Pratt, UK

9:30 am – 10:45 am

PLENARY 2: FRANCHISING IN AFRICA AND THE MIDDLE EAST

This panel will provide you with invaluable knowledge and strategic insights on franchising in Africa and the Middle East. We will delve into the unique challenges and opportunities present in these regions, covering topics such as market trends, regulatory landscapes, cultural considerations, and successful franchising models. Gain practical advice on navigating cultural nuances, mitigating risks, and maximizing returns in diverse markets.

Through interactive discussions and case studies, attendees will leave equipped with actionable strategies to embark on successful franchising ventures in Africa and the Middle East. Don’t miss this chance to explore the untapped potential of franchising in two of the world’s most dynamic and promising regions.

Moderator: Kendal Tyre, Nixon Peabody LLP, U.S.A.

Speakers: Melissa Murray, Bird & Bird, U.A.E.; Tiwalola Osazuwa, AELEX, Nigeria

10:45 am – 11:05 am REFRESHMENT BREAK

11:05 am – 12:05 pm CONCURRENT INTERACTIVE WORKSHOPS

WORKSHOP 1

Is it Franchising or What

The resale of products in mono-brand shops can be qualified either as franchising, distribution, licensing, resale or other, depending on the laws applicable in a specific jurisdiction. We’ll discuss different approaches and risk-minimization strategies available to brand-owners / franchisors. .

Moderator: Dagmar Waldzus, BUSE, Germany

Speakers: Silvia Bortolotti, BBM Partners, Italy; Anders Fernlund, Astra Law, Sweden; Iain Irvine, Vardon Legal, Australia

WORKSHOP 2

Field Stories from Mediations in Franchise Systems, Successes and Challenges

After a brief presentation of the interest of mediation in franchising disputes, and whether mediation clauses are binding upon the parties, we will have an interactive update about mediation from around the world, the speakers will exchange their best and worst and most insightful mediation in franchising stories, whether it be as counsel or as mediator, in order to draw a few guidelines. The discussion will be widened to an open exchange with the participants.

Moderator: Olivia Gast, Gast Avocats, France

Speakers: Bethany Appleby, DLA, U.S.A.; Joan Stearns Johnsen, University of Florida, U.S.A.; Nicole Micklich, ULM Law, U.S.A.; Robert Salkowski, Zarco Einhorn Salkowski, P.A.

WORKSHOP

3

Franchise Agreement Drafting Clinic

In this interactive workshop the participants will discuss in small groups (break-out tables) important drafting choices for key clauses in international franchise agreements, to include dispute resolution provisions, supply issues, taxation and gross-up, and IP protection, especially as to translated materials.

Moderators: Lee Plave, Plave Koch PLC, U.S.A.; Peter Snell, Cassels Brock & Blackwell LLP, Canada

Facilitators: Beata Krakus, UB Greensfelder LLP, U.S.A.; Rob Lauer, Haynes Boone LLP, U.S.A.

12:05 pm - 12:45 pm LUNCHEON

12:50 pm – 1:35 pm IN-HOUSE COUNSELS’ PERSPECTIVE:

SOURCING FOR FRANCHISE SYSTEMS IN A CHANGING GLOBAL WORLD

Sourcing quality products and raw materials/ ingredients efficiently and in a cost-effective manner is of crucial importance to franchise brands. Given geopolitical developments over the past few years, and increasing regulatory requirements, this may

pose complex challenges. We will hear from in house counsel their perspective on the risks and solutions to navigate these waters in a successful manner.

Moderators: Martine de Koning, Kennedy Van der Laan, The Netherlands

Speakers: Kristin Corcoran, Marco’s Pizza , U.S.A.; Sarah Davies, IFA, U.S.A.; Junie Joseph, International Economist, US International Trade Commission

1:45 pm – 2:45 pm CONCURRENT INTERACTIVE WORKSHOPS

WORKSHOP 1

Is it Franchising or What

See initial listing on page 2 for full description.

WORKSHOP 2

Field Stories from Mediations in Franchise Systems, Successes and Challenges

See initial listing on page 2 for full description.

WORKSHOP 3

Franchise Agreement Drafting Clinic

See initial listing on page 2 for full description.

2:45 pm – 3:00 pm REFRESHMENT BREAK

EARN CREDITS

3:00 pm – 4:15 pm PLENARY 3: NEWS FROM AROUND THE

WORLD

A panel of expert franchise law practitioners from select countries around the world will discuss recent and topical legal developments affecting franchising in their countries.

Moderator: Dominic Hui, Ribeiro Hui, China

Speakers: Update on EU Law

Rocio Belda, Rocio Belda Law Office, Spain, Madrid, Spain

Canadian Case Law and Saskatchewan New Rules

Larry Weinberg, Cassels, Canada

South African Industrial Code

Esmari Jonker, Smit & Van Wyk, South Africa

Update on French Law

Grégoire Toulouse, Taylor Wessing, France

UK Case Law and the Direction of UK Franchising Law after Brexit David Bond, Fieldfisher, LLP

4:15 pm CLOSING

Speakers: Martine de Koning, Kennedy Van der Laan, The Netherlands; Kendal Tyre, Partner, Nixon Peabody

Your attendance at the IBA/IFA Conference qualifies you for Continuing Professional Development (CPD) credits. The conference has been accredited by the Solicitors Regulation Authority of England & Wales. The number of CPD points/hours available may vary for other bar associations and law societies depending on their criteria. If CPD accreditation is required by delegations from other countries, the IBA will be pleased to supply a certificate of attendance. Contact the Conference Department (confs@int-bar.org) or +44 (0) 20 7842 0090 at the IBA for more information.

In addition, you will also earn Continuing Legal Education Credits (CLE’s) in most US states by attending this conference. Details on how to obtain credits will be available onsite at the IFA Registration Desk.

You will earn up to 6.25 IFA Live Education CFE towards completion of the Certified Franchise Executive (CFE) accreditation by attending the IBA/IFA Joint Conference.

SPECIAL THANKS TO OUR EVENT SPONSOR

GENERAL INFORMATION

LANGUAGE: The working language of the conference will be English.

VENUE: Washington, DC

One of the world’s most talked-about destinations, Washington, DC attracts nearly 18 million visitors each year. It is a hub for American politics and history. There are a multitude of free museums to take advantage of, but the real attractions are the memorials and monuments dedicated to great American leaders. Additionally, Washington, DC is considered one of the best culinary destinations in America. The aromas of world-class cuisine invite hungry patrons with promises of delectable dishes at restaurants throughout the city. The options are as varied as the population, with everything from exquisite fine dining to curbside street food. May is the ideal time to visit Washington, DC. We invite you to enjoy pleasant springtime weather and beautiful gardens and parks throughout the city!

SOCIAL PROGRAM AND DINNER:

This year’s reception and dinner will be held at Rare Steakhouse & Tavern in Washington, DC. It will be a short walk from the Grand Hyatt Washington. Cocktails and hors d’oeuvres will be served from 6:00 pm - 7:00 pm. Dinner will be served at 7:00 pm. Each conference registration includes a ticket to the reception and dinner. If you would like to purchase additional Reception and Dinner only tickets for guests, these are available at US $299 per ticket.

HOTEL INFORMATION

You may reserve your hotel room at the Grand Hyatt Washington, Washington, DC by clicking here: https://www. hyatt.com/en-US/group-booking/WASGH/G-IFA4. or calling (202) 582-1234 indicating you are attending the IFA 2024 Legal Events. Our room rate for a standard room is $369. The deadline for making reservations is April 5, 2024 (or when the IFA room block is filled, whichever is first.) Once the room block is sold out, reservations will be accepted based on availability.

For more information about the Grand Hyatt Washington, click here: https://www.hyatt.com/en-US/hotel/washington-dc/ grand-hyatt-washington/wasgh.

PRE-REGISTRATION AND PAYMENT OF FEES:

Pre-registration for the IBA/IFA Joint Conference closes May 3. If you are not able to meet this deadline, please register at our onsite Registration Desk beginning Tuesday afternoon at the Grand Hyatt DC Hotel (there will be a $100 onsite processing fee). To register for all programs and events described in this brochure, please visit the Conference’s website https:// www.franchise.org/events/2024-ibaifa-jointconference. Payment of fees should be in US dollars, by check or bank draft drawn on a US bank and made payable to the International Franchise Association (Federal Tax ID #36-6108621) or by Visa, Mastercard, American Express or Discover Card. If you would like to pay by wire transfer, please contact the IFA Offices at 202-622-0763 for account information.

Conference Registration Fees

Full Conference Attendee: US $849/person

Full conference registration fee includes:

• Attendance at all educational sessions.

• Conference working materials.

• Reception and Dinner on Tuesday, May 7.

• Continental Breakfast on Wednesday, May 8.

• Refreshment Breaks on Wednesday, May 8.

• Lunch on Wednesday, May 8.

• Conference registration lists that will be distributed to all attendees and sponsors, and include their names, companies, titles, phone numbers and email addresses.*

* If you do not want your information included on the registration lists, please email events@franchise.org.

Cancellation:

Full refunds (minus a $99 administration fee) will be granted for registrations cancelled at least 14 days in advance of the conference. No refunds will be permitted for cancellations less than 7 days in advance or for “noshows.” All requests for refunds must be made in writing to the IFA at events@franchise.org.