Tampa Office
101 East Kennedy Boulevard Suite 3400
Tampa,
Florida
33602
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Professional Experience
David Beyer concentrates his practice in organizing and structuring franchise and other distribution programs; negotiating and preparing complex franchise, sub-franchise, and distribution agreements; representing franchisors and subfranchisors in compliance with franchise disclosure and registration laws; evaluating and negotiating supply relationships; counseling on the impact of antitrust and trade regulation laws; international franchising and distribution matters; preventing and resolving franchise disputes; assisting in franchise and dealership terminations; joint ventures, mergers, acquisitions and capital raising for franchise and growth companies; structuring dealership and licensing programs; and other related corporate and business matters.
David’s practice also involves counseling on other sales and distribution methods with a special emphasis on avoiding burdensome franchise sales laws including, licensing, multilevel distribution, direct selling, sales representatives, joint ventures, dealerships and business opportunities. Recently, he has actively represented franchisors on technology-related issues, including web site development, e-commerce, cybersquatting and channel conflict. He has counseled clients on franchise, distribution, corporate and intellectual property matters in numerous industries including: hospitality (hotels, restaurants and travel); healthcare; automotive; publications; real estate and business brokerage; education and childcare facilities; retail merchandising; among others.
David is a leader in the development of franchise law in Florida. He has served multiple terms as chairman of the Franchise Law Committee of the Florida Bar. In that role, he has led successful efforts both to improve franchise laws in Florida and defeat destructive proposed legislation. He is one of just a handful of franchise lawyers honored by his peers to present at the keynote plenary sessions on both the Annual Developments in Franchise Law at the ABA Franchise Forum and the Judicial Update at the IFA Legal Symposium.
Education and Honors
- Vanderbilt University Law School (J.D., 1982)
Vanderbilt Law Review (Member).
- Tulane University (M.B.A., 1979)
Beta Gamma Sigma (Member, Business Honor Society).
- Tulane University (B.A., 1978)
Bar Admissions
Florida,
1982
Professional Recognition
- Martindale-Hubbell AV® Preeminent™ Peer Review Rated.
- Listed in The Best Lawyers in America® (2006-present: Franchise Law).
- Consistently awarded status as a “Legal Eagle” in the franchising community by Franchise Times magazine’s annual listings.
- Selected for inclusion in 2006-2009, 2011, 2012 Florida Super Lawyers® lists (Franchise/Dealership).
- Named one of Florida’s Legal Elite™ by Florida Trend magazine.
- Selected for inclusion in “Who’s Who of Franchise Lawyers” by the International Who's Who of Business Lawyers; being the “most highly nominated individual [in Florida], described as a ‘first-class transactional lawyer.’”
Professional and Civic Activities
- American Bar Association (Member, Forum Committee on Franchising).
- Associate Editor and Editorial Board, ABA Franchise Law Journal, 2006-2011.
- International Franchise Association (Member, Council of Franchise Suppliers and Legal Legislative Committee).
- The Florida Bar (Member; Former multiple-term Chairman and founding member of the Antitrust, Franchise and Trade Regulation Committee).
- The Fellows of the American Bar Foundation (limited to two percent of the ABA).
- Florida Franchise Association, Inc. (Founder, Director, Vice President, and General Counsel).
- A nonprofit trade association of franchisors and subfranchisors doing business in Florida and General Counsel to the Florida Coalition for Responsible Franchising, Inc., an organization created to sponsor legislation to promote franchising in Florida.
Selected Presentations/Publications
Publications
- Co-author, “Changes in System Standards: What is the Extent of the Franchisor's Latitude?,” American Bar Association Forum on Franchising, October 2012.
- IFA Legal Symposium Judicial Update, May 2011.
- Co-author, “Judicial Update,” IFA 44th Annual Legal Symposium, Washington, DC, May 15-17, 2011.
- Co-author, “Annual Franchise and Distribution Law Developments 2008,” American Bar Association Forum on Franchising, October 2008.
- Co-author, “Franchising and Distribution Currents,” Franchise Law Journal, Fall 2010, Fall 2009, Summer 2006-2008.
- Franchise Law and Practice, Florida Small Business Practice published by The Florida Bar, 2008 and Seventh Edition, 2011.
- “When Are Sales Representatives Also Franchisees?,” Franchise Law Journal, Winter 2008 edition.
- “Perilous Prospects - Part I: Lawsuits to Get Into the Franchise System,” Franchise Law Journal, Spring 2003 edition.
- “Perilous Prospects - Part II: Lawsuits to Get Into the Franchise System,” Franchise Law Journal, Summer 2003 edition.
- “Franchise Lead Referral Networks: Brokers or Consultants?,” Franchising World, May/June 2003.
- Co-author, “Franchise Desk Book - Selected State Laws, Commentary and Annotations,” American Bar Association Forum on Franchising, Florida Law Chapter, First Edition, 2001, and Second Edition, 2008.
- Co-author, “Making the World Safe for Franchising: Nieman v. Dryclean USA,” Florida Bar Journal, February 2001.
- “Estimated Initial Investment Claims: Strict Liability or Strictly Folly?,” Franchise Law Journal, Winter 2000.
- “Vicarious or Derivative Liability,” IFA Judicial Update, Washington, DC, May 17-19, 1998.
- “ADR and Franchise Disputes,” Dispute Resolution Times, American Arbitration Association, Midwest and Southern Edition, Spring 1997.
- “Florida Clarifies Enforcement of Noncompetes,” Franchise Law Journal, American Bar Association, Vol. 16, No. 4, Spring 1997.
- “New Florida Legislation Clarifies Enforcement of Noncompetes,” Florida Bar Quarterly Report, Vol. IX, No. 1, August 1996.
- “Franchise Vicarious Liability in Florida: A Survey and Recent Developments,” Florida Bar Journal, Volume LXIX, No. 2, February 1995 and Volume LXIX, No. 3, March 1995.
- “Florida Becomes the Battleground for Vicarious Liability,” IFA Franchise Legal Digest, Volume I, Spring 1995.
- “Advertising Pools and the Free Rider Problem - Who Can Sue?,” Franchise UPDATE, Second Quarter 1992.
Presentations
- “Changes in System Standards: What is the Extent of the Franchisor’s Latitude?,” 35th Annual American Bar Association Forum on Franchising, Los Angeles, California, October 2012.
- “Legal Issues Facing Franchise Development Professionals,” International Franchise Association Franchise Development Seminar, Tampa, FL, April 19, 2012.
- “The Twitter Frontier: Harnessing the Power of Social Media While Protecting Your Franchise System,” International Franchise Association Convention, Orlando, Florida, February 11-14, 2012.
- IFA Legal Symposium Judicial Update Plenary Session, May 2011.
- “Judicial Update,” IFA 44th Annual Legal Symposium, Washington, DC, May 15-17, 2011.
- “Franchise Sales Compliance,” IFA Franchise Development Seminar, Tampa, Florida, October 6, 2010.
- “How to Franchise Your Business,” International Franchise Expo South, Miami Beach, Florida, January 16, 2010.
- “Administering a Franchise Program: Compliance Programs and Goals,” International Franchise Expo, Washington, DC, March 21, 2009.
- “Franchising as an Expansion Strategy,” International Franchise Expo, Washington, DC, March 20, 2009.
- “Annual Franchise and Distribution Law Developments 2008,” 31st Annual American Bar Association Forum on Franchising, Austin, Texas, October 2008.
- “Franchise Law Compliance Training,” 47th Annual International Franchise Association Convention, Las Vegas, Nevada, February 2007.
- “Elements of Successful Franchising,” International Franchise Expo, Miami, Florida, January 2007.
- “International Franchising: A Global View From the United States,” Barcelona-Florida International Legal Symposium 2004, Barcelona, Spain, April 2004.
- “Franchise Sales Compliance,” IFA Franchise Development Conference, Miami, Florida, April 2004.
- “Franchise Law,” Franchise 101 Bootcamp, City of St. Petersburg Economic Development Department, November 2003.
- “Franchising in the Professions,” 26th Annual American Bar Association Forum on Franchising, Hollywood, Florida, October 2003.
- “Franchise Sales and Disclosure Laws,” Florida Bar Continuing Legal Education Committee and the Business Law Section, Miami, Florida, January 2003.
- “Selling Franchises Without Getting Into Trouble,” International Franchise Expo, New Orleans, Louisiana, April 2002.
- “The Use of Technology in Franchising,” International Franchise Expo, New Orleans, Louisiana, April 2002.
- “Franchise Law Basics,” Institute for Certified Franchise Executives, International Franchise Association Educational Foundation, Orlando, Florida, February 2002.
- “The Prevent Defense,” 2001 Legal Roundtable Series, International Franchise Association, Ft. Lauderdale, Florida, November 2001.
- Facilitator, Channel Conflict Business Roundtable, Internet Track, 41st Annual International Franchise Association Convention, Las Vegas, Nevada, February 2001.
- Speaker, Multilevel Marketing Seminar, Direct Selling Association, Baltimore, Maryland, February 2001.
- “Selling Franchises Without Getting Into Trouble,” International Franchise Expo, Orlando, Florida, May 2000.
- “Franchise Issues Under the Florida Deceptive and Unfair Trade Practices Act, The Florida Bar, Miami, Florida, January 14, 2000.
- Branding Options and Alternatives, The 1999 Rudnick & Wolfe Lodgings and Timeshare Summit, Chicago, Illinois, February 3-4, 1999.
- “Multilevel Marketing and Direct Selling,” ABA Forum on Franchising Annual Meeting, Colorado Springs, Colorado, October 1997.
- “Multilevel Marketing and Direct Selling: Laws and Regulations,” ABA Forum on Franchising, Colorado Springs, Colorado, October 22-24, 1997.
- “Florida’s Non-compete Law, Practical Aspects of Franchisee Representation,” The Florida Bar, Miami, Florida, December 20, 1996.
- “Master Franchising in the International Arena,” The Florida Bar, Miami, Florida, December 8, 1995.
- “Limited Liability Companies: What They Are and What You Do With Them,” ABA Forum on Franchising, Orlando, Florida, October 11-13, 1995.
- “Franchise Law: An Overview of Federal and State Regulation of the Sale of Franchises,” USF Small Business Development Center Legal Forum, Tampa, Florida, September 26, 1995.
- “Multiple-Unit Franchising,” Florida Franchise Association, Ft. Lauderdale, Florida, December 9, 1994.
- “Franchisor Liability for its Franchisees’ Operations: Their Liability May Be Your Liability!,” Florida Franchise Association, Tampa, Florida, August 11, 1994.
- “Ending the Confusion on Earnings Claims,” an analysis prepared for the Florida Franchise Association, May 20, 1994.
- “The Impact of Franchise Laws on Negotiations With Prospective Franchisees and The New UFOC: For Better or For Worse, Emerging Issues and Franchise Negotiations,” The Florida Bar, Miami, Florida, December 10, 1993.
- “The Proposed Florida Fast Food Franchise Practices Act: Franchisees Have It Their Way,” an analysis prepared for the Florida Franchise Association and the Florida Coalition for Responsible Franchising, Inc., December 1993.
- “The New UFOC: For Better or For Worse,” Florida Franchise Association, Tampa, Florida, September 23, 1993.
- “Summary of the Iowa Franchise Act,” Florida Franchise Association, Tampa, Florida, September 23, 1993.
- “International Franchising: A Travel Guide,” “International Law Update: Emerging Practice Areas for Florida Lawyers,” The Florida Bar, Lake Buena Vista, Florida, June 25, 1993.
- “Master Franchising/Sub-franchising,” International Franchise Association 26th Annual Legal Symposium, Washington, DC, May 24-25, 1993.
- “Legal Considerations in Establishing Franchise Programs, Franchise Law and Practice,” The Florida Bar, 1993.
- “Legislative Assault: Balancing the Scales or Franchisee Protectionism,” Florida Franchise Association, Tampa, Florida, November 5, 1992.
- “Planning and Financing the Franchise System,” First Annual Statewide Franchise Conference, University of Central Florida, Orlando, Florida, May 29, 1992.
- “Franchise Divorce: Terminations and Breakaways. Franchise Disputes in Arbitration, Litigation and Mediation,” The Florida Bar, Miami, Florida, December 13, 1991.
- “Summary of Financial Statement Requirements for Franchising,” Florida Franchise Association, Orlando, Florida, November 1, 1991.
- “Breaking Up is Hard to Do: Divorce and Alternatives in Franchise Relationships,” IFA Legal Roundtable, Miami, Florida, October 29, 1991.
- “Enhancing Collection of Royalties and Service Fees Through the Franchise Agreement,” Florida Franchise Association, Tampa, Florida, June 13, 1991.
- “Participation in Franchise Shows,” Florida Franchise Association, Orlando, Florida, March 9, 1991.
- “Multiple Unit Franchising, Franchising and its Alternatives,” The Florida Bar, Miami, Florida, December 14, 1990.
- “Introduction to Regulation of Multilevel Marketing Methods: Focus on Florida, Franchising and its Alternatives,” The Florida Bar, Miami, Florida, December 14, 1990.
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