Message From The Chair

• Pages: 1-19
• Date: 01 July 2025
• Published date: 01 July 2025
• Author: Elizabeth M. Weldon
• Subject Matter: Derecho Público y Administrativo

American Bar Association • Forum on Franchising

Summer 2025

Vol. 27, No. 03

For an electronic version of this issue and past issues, go to

https://www.americanbar.org/groups/franchising/publications.

While our country is going through times

of change, it is heartening to see the con-

tinuing work and traditions of our Forum on

Franchising. Our members continue to work

together with the spirit of cooperation and cama-

raderie that is one of the best parts of the Forum.

Our annual Mid-Winter Governing Committee

Meeting highlighted this for me. This is the

meeting where the entire Governing Committee

and the Senior Appointed Leadership of the Forum

convene to plan in great detail the next Annual

Meeting—which will take place in Orlando,

Florida, October 15–17, 2025 for the 48th

Annual Meeting of the Forum on Franchising.

This year was no different and we came together

from different practices, different parts of the

country, different rms, and different points

of view to create an engaging and educational

program for the Annual Meeting. This meeting is

not an easy task—as we have very different and

sometimes competing points of view present at

the planning table—but it is not a troublesome

task. We see, hear, and consider different points

of view and we come together to create a

joint product that will benet our friends and

colleagues in the practice of franchise law.

Cooperation and different points of view can

and do exist in the same space. I know we will

continue to see this in the Forum and hope we can

spread that good work outside our group too.

Now is the time to plan to attend the October

meeting—it is just about four months away.

I encourage you to bring colleagues who are

newer to franchising or the practice of law and

expose them to the good that the Forum on

Franchising offers—both in the practice of law

and in the realm of friendship and camaraderie.

Message from the Chair

ELIZABETH M.

WELDON

Haynes and Boone, LLP

In This Issue

1 MESSAGE FROM THE CHAIR

3 DOCUMENTING PRIVACY COMPLIANCE:

FRANCHISES REQUIRED TO CONDUCT DATA

PROTECTION IMPACT ASSESSMENTS

8 WAIT A MINUTE! WHEN FRANCHISEE CONDUCT

NEGATIVELY IMPACTING A FRANCHISE’S “OPERATION

AND REPUTATION” JUSTIFIES A NO-CURE

TERMINATION

13 SUCCESSFUL MEDIATION OF FRANCHISE DISPUTES:

FACTORS THAT INFLUENCE THE OUTCOME

15 WHEN COMMON PROVISIONS IN FRANCHISE

AGREEMENTS YIELD UNCOMMON RESULTS

19 MESSAGE FROM THE EDITOR-IN-CHIEF

By Elizabeth M. Weldon, Haynes and Boone, LLP

Continued on page 19

You might need to seek budgetary permission

to open up law rm coffers to pay for those

colleagues to attend. I remind you of the rst-

and second-timer discounts. These are really

signicant discounts off of the registration fee

for the Annual Meeting and they are in place to

encourage attendance by those new or newer

to the Forum and let them get involved with a

lesser outlay. Our experience is that once people

attend the Annual Meeting, they see the value

that our Forum offers and become one of those

friends and colleagues who attend annually.

Published in The Franchise Lawyer, Volume 27, Number 3, Summer 2025. © 2025 American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be

copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

The Franchise Lawyer (ISSN:

1092-2598) is published by the

American Bar Association Forum

on Franchising, 321 North Clark

Street, Chicago, IL 60654. Requests

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The opinions expressed in the

articles presented in The Franchise

Lawyer are those of the authors and

shall not be construed to represent

the policies of the American Bar

Association and the Forum on

Franchising. Copyright © 2025

American Bar Association.

1 Message from the Chair

Elizabeth M. Weldon

3 Documenting Privacy Compliance: Franchises Required

to Conduct Data Protection Impact Assessment

David Zetoony

8 Wait a Minute! When Franchisee Conduct Negatively

Impacting a Franchise’s “Operation and Reputation”

Justies a No-Cure Termination

Kenneth Shaw and Nathan Warecki

A LITIGATOR’S PERSPECTIVE

13 Successful Mediation of Franchise Disputes:

Factors That Inuence the Outcome

Arthur L. Pressman

15 When Common Provisions in Franchise Agreements

Yield Uncommon Results

Elizabeth Balfour

19 Message from the Editor-in-Chief

Justin L. Sallis

Summer 2025 Vol. 27, No. 03

Table of Contents

Editorial Board

Editor-in-Chief

Justin L. Sallis

Lathrop GPM LLP

Washington, DC

Justin.sallis@lathropgpm.com

(202) 295-2223

Associate Editors

Dawn Johnson

UB Greensfelder LLP

St. Louis, MO

Djohnson@ubglaw.com

(314) 516-2678

Dan Deane

Nixon Peabody LLP

Manchester, NH

Ddeane@nixonpeabody.com

(603) 628-4047

Paul V. Russell

7-Eleven, Inc.

Irving, TX

Paul.russell@7-11.com

(972) 828-6801

Editorial Board

Mackenzie L. Dimitri

Einbinder & Dunn LLP

New York, NY

Mld@ed-lawrm.com

(212) 391-9500