AuthorJoseph J. Fittante, Jr. - Ronald K. Gardner, Jr.
One of the core goals of the Forum on Franchising is to educate lawyers on the
law of franchising. The book you hold in your hands is an integral tool in ac-
complishing that goal. First published approximately 20 years ago, Fundamen-
tals of Franchising has contributed to the education of franchise lawyers for
more than a generation. Its overview of the subjects that make up the bedrock of
franchise law and practice, combined with its practical pointers, make it a must-
read for those new to franchising or those seeking a quick refresher on the law
of franchising. This edition not only updates the subjects covered in earlier edi-
tions, but also, for the first time, provides the reader with an overview of interna-
tional franchising, as well as the key areas lawyers must recognize when litigating
franchise disputes.
The most noteworthy publications are those that are a labor of love for those
involved. This publication has been the life’s work of Rupert Barkoff and Andy
Selden, each a past chair of the Forum on Franchising. Rupert and Andy each
spent innumerable hours creating the program called the Fundamentals of Fran-
chising, shepherding the initial publication of the Fundamentals of Franchising
book, as well as all subsequent editions, including this one. Simply put, without
their dedication and passion for this topic and this book, it would not have stood
the test of time. We owe them a great debt of gratitude.
We would be remiss if we did not acknowledge those who have recently
passed away who, at one time or another, were contributors to this book—Den-
nis Wieczorek, a past chair of the Forum on Franchising, who is a coauthor of
one of the current chapters; Jack Dunham, who was integrally involved in the
third edition of this book as the Forum Chair at that time; and John Baer, a
former Forum governing committee member, and the first Lewis G. Rudnick
Award recipient, who also contributed to the third edition of this book. Their
contributions will always be remembered.
If you are new to franchising, welcome to the club. You will find that we are
a collegial group. As far as welcoming gifts go, we could give you no better gift
than what you hold in your hands. Previous editions have educated past and
current members and leaders of the Forum. This edition is dedicated to the edu-
cation of its future leaders.
Joseph J. Fittante, Jr.
Ronald K. Gardner, Jr.

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