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Andrew P. Loewinger



As a transactional attorney, Andrew Loewinger concentrates his practice on assisting franchise clients to expand their businesses in the United States and internationally. Andrew regularly advises clients on a wide variety of franchise system, franchise sales compliance, corporate and intellectual property issues in various industries including food and beverage and travel and leisure.

What do you focus on?

International Franchising

I focus a substantial part of my practice on outbound and inbound international franchise transactions. I have worked on hundreds of international franchise transactions in more than 85 countries, from Mongolia to Qatar and from South Africa to Macau. I co-authored and co-edited a book called International Franchise Sales Laws, published by the American Bar Association, which is the definitive work on the topic.

Brand Protection

I represent clients in protecting their intellectual property—such as trade secret information and trademarks—and in all aspects of protecting their franchise system.

Professional Leadership

I speak and write frequently for the American Bar Association’s Forum Committee on Franchising, the International Bar Association International Franchising Committee, the International Franchise Association and others. I enjoy the intellectual rigor of writing and speaking—as well as the social aspects and travel of the many industry events.

I am currently Chair of the International Franchising Committee of the International Bar Association and am a member of the Governing Committee of the American Bar Association’s Forum on Franchising.

What do you see on the horizon

I foresee increased regulation of franchising around the world and increased liability and legal risks for franchisors as franchisees seek to “level the playing field.”

Publications, Presentations, and Additional Information

American Bar Association

Articles

  • “China’s New Franchise Regulations” (with Valerie S. Johnson), The Franchise Lawyer, ABA Forum on Franchising, Volume 8, Number 3, May 2005.
  • “Announcing the Forum’s New International Division,” The Franchise Lawyer, Volume 8, Number 1, Summer 2004.
  • “Franchising Currents” (with Kim A. Lambert and Jay Conison), Franchise Law Journal, Volume 15, Number 4, Spring 1996.
  • “The Operations Manual: International Franchising: Suggestions for Compliance,” 15 Franchise Law Journal, Fall 1995, at 60.
  • “Franchising Currents” (with Jonathan Solish and Charles Modell), Franchise Law Journal, Volume 14, Number 4, Spring 1995.
  • “Going International? The Proper Role of Franchise Counsel in International Transactions,” Franchise Law Journal, Summer 1994.
  • “International Developments in France, Korea and Venezuela,” Franchise law Journal, Spring 1991.
  • “Multiple-Unit Franchise Agreements in the Pacific Rim: Problems & Solutions,” 10 Franchise Law Journal, Summer 1990, at 3.
  • “Tenth Annual Forum Draws Over Three Hundred Fifty to Tucson” (with Kirsch and Plave), 7 Franchise Law Journal, Winter 1988, at 9.
  • “Franchising Bookshelf,” 8 Franchise Law Journal, Fall 1988, at 12 (reviewing J. Pattison, Establishing a Transactional Franchise (1988)).

Forum on Franchising Programs

  • “Go East Young Franchisor: Franchising in Asia-Pacific Other than in China and India,” 34th Annual Forum on Franchising, Baltimore, Maryland, 2011. (Speaker)
  • “Recent Developments in International Franchising” (with John Pratt), 31st Annual Forum on Franchising, Austin, Texas, 2008.
  • “System Standards In International Franchising” (with Kenneth S. Kaplan and Penelope J. Ward), American Bar Association 28th Annual Forum on Franchising, October 19–21, 2005.
  • “International (Non-U.S.) Franchise Disclosure Requirements” (with Michael K. Lindsey), American Bar Association 25th Annual Forum on Franchising, October 9–11, 2002.
  • “Putting It All Together: Resources and Treaties In The International Franchising Process,” A Practical Guide for International Franchising, (International Franchising Mini-Program), American Bar Association 23rd Annual Forum on Franchising, October 18–20, 2000.
  • “Fundamentals of Franchising,” American Bar Association Annual Meeting, Toronto, Ontario, August 1999.
  • “Avoiding the Long Arm of the Law in International Franchising: Issues and Approaches” (with Thomas M. Pitegoff), American Bar Association 18th Forum on Franchising, 1995 Annual Forum, October 11–13, 1995.

Book Chapter/Book

  • International Franchise Sales Laws (coauthor and co-editor, with Michael K. Lindsey), ABA Press, 2006, 2008, and 2015 updates.
  • “Putting It All Together: Resources and Treaties in the International Franchising Process,” Fundamentals of International Franchising, Richard Asbill and Steve Goldman, eds., ABA Press, 2001.

Other

  • First Director, International Franchise and Distribution Division, 2004 to 2006
  • Topic and Articles Editor, Franchise Law Journal, 1992 to 1996
International Bar Association

Presentations

  • “How Commercial Agency Laws Impact Franchise Relationships,” International Bar Association Annual Conference, Dubai, October 30-November 4, 2011. (Speaker and program chair)
  • “Compensation to Franchisees and Distributors Upon Termination and Non-Renewal of Franchise Agreements and Distribution Agreements,” International Bar Association Annual Conference, Vancouver, October 3-8, 2010. (Speaker)
  • “Payment Mechanisms in International Transactions,” International Bar Association Annual Conference, Madrid, October 4-9, 2009. (Speaker and program chair)
  • “Contracts in the International Franchising Relationship and Crisis Management,” International Bar Association Annual Conference, Singapore, October 14-19, 2007. (Speaker)
  • “Total Recall” (with John Baer, Sonke Lund, Daniel Urbas, Veronica Chen Yaobing, and Woon C. Yew), International Bar Association Conference, Singapore, October 14–19, 2007.
  • “A Review of Franchise Disclosure Laws, Parts I and II” (Session Chair), International Bar Association Conference, Chicago, September 17–22, 2006.
  • “Cross-border Acquisitions of Franchise Systems” (with Alberto Echarri, W. Andrew Scott, and Babette Märzheuser-Wood), International Bar Association Conference, Prague, September 25–30, 2005.
International Bar Association/International Franchise Association Joint Conferences

Presentations

  • “The Next Wave: Private Equity in International Franchising,” 27th Annual IBA/IFA Joint Conference, May 23, 2012. (Chair)
  • “Using Letters of Intent, Term Sheets and Other Interim Deal Documents in International Franchising,” 26th Annual IBA/IFA Joint Conference, May 19, 2010. (Speaker)
  • “Worldwide Economic Distress,” 25th Annual IBA/IFA Joint Conference, May 19-20, 2009. (Speaker)
  • “Privacy Issues in International Franchising” (with Bernice Karn, Jennifer Debrow, and Babette Marzheuser-Wood), 23rd Annual IBA/IFA Joint Conference, May 8–9, 2007.
  • “Financial Disclosures to Prospective Foreign Franchisees” (with Eckhard Flohr), 20th Annual IBA/IFA Joint Seminar on Franchising, May 13–14, 2003.
  • “Master Franchising—What Happens to the Sub franchisees When a Master Franchise Agreement is Transferred or Terminated?” (with Jane LaFranchi), 17th Annual IBA/IFA Conference, May 16–17, 2000.
  • “News From Around the World—Venezuela,” 16th Annual IBA/IFA Joint Conference, May 1999.
  • “Practical Lessons in Dispute Resolution: Arbitration, Litigation, Mediation in International Networks” (with Franklin C. Jesse and Andre Mecs), 14th Annual IBA/IFA Joint Seminar, May 7, 1997.
International Franchise Association

Presentations

  • “A World of Trouble: How to Ensure That Your International Franchise Expansion Doesn’t Expose You To Liability,” International Franchise Association, 51st Annual Legal Symposium, May 7–8, 2018, Washington, DC.
  • “Dealing with Defaults in International Franchise,” International Franchise Association, 44th Annual Legal Symposium, May 2011. (Speaker)
  • “Judicial Update” (with Ann Hurwitz), International Franchise Association 37th Annual Legal Symposium, May 23–25, 2004.
  • “Show Me the Money: Payment and Non-Payment in Franchise Relations” (with Laura Faibish and Herb Hedden), International Franchise Association 35th Annual Legal Symposium, May 12–14, 2002.
  • “Global Expansion Through Global Technology,” International Franchise Association Legal Symposium, September 14–15, 2000.

Other Presentations

  • “The 10 Most Important Provisions You Need in Your Franchise Agreement,” IFA Annual Convention, Las Vegas, Nevada, February 2011. (Speaker)
  • “Recent Developments in Franchising and Hospitality Law,” 9th Annual Hospitality Law Conference, Houston, Texas, February 9-11, 2011. (Speaker)
  • “The Franchise Debate: Franchising in the Hospitality Industry in a Difficult Economy,” 8th Annual Hospitality Law Conference, Houston, Texas, February 3-5, 2010. (Speaker)
  • “Hot Topics in Franchising Hospitality,” 7th Annual Hospitality Law Conference, February 9-11, 2009. (Speaker)
  • “The Franchise Debate” (with Mike Dady and Ann Hurwitz), 6th Annual Hospitality Law Conference, February 11–13, 2008, Houston, Texas.
  • “Franchising 101: Understanding and Negotiating a Franchise Agreement,” The Maryland Institute for Continuing Professional Education of Lawyers, Inc., May 17, 2007, Columbia, Maryland.
  • “Recent Developments in Franchise Law” (with Scott G. McLester and Kathryn A. Rookes),. 5th Annual Hospitality Law Conference, February 8–9, 2007, Houston, Texas.
  • “Good to Go!: Expanding to the United States and Internationally” (with Wayne A. Steinberg), 6th Annual Franchise Law Conference, Ontario Bar Association, November 16, 2006, Toronto.
  • “Franchising,” 4th Annual Hospitality Law Conference, February 2006.
  • “Franchising,” 3rd Annual Hospitality Law Conference, February 2005.
  • “Judicial Update: Developments in State and Federal Franchise Law” (with Ann Hurwitz), Franchising World, July 2004 (summary of update presented at 37th International Franchise Association Legal Symposium in Washington, DC).
  • “Understanding & Negotiating a Franchise Agreement,” Maryland State Bar Association and Virginia Bar Association’s Franchise and Distribution Law committees, November 18, 2003, Alexandria, Virginia.
  • Speaker, Franchise Update Franchise Leadership & Development Conferences, Atlanta, Georgia, 2000, 2001, 2002, 2003, on various topics including earnings claims, franchise brokers, and international franchising.
  • Speaker, International Franchise Exposition, Washington, DC, 1998 and 2004, on franchise basics and use of brokers in international franchising.
  • Chairman, The International Franchising Institute. June 13-14, 1996.
  • “Finalizing Your International Transaction: Working With Legal Counsel And Selected Foreign Laws Affecting International Franchising” (with Kenneth J. Kaplan), The International Franchising Institute, June 13–14, 1996, Chicago.
  • “Setting the Global Game Plan: A Blueprint for Your International Program” (with Ann M. Lehman), The International Franchising Institute, June 13–14, 1996, Chicago.

Other Publications

  • “Private Equity in International Franchising” (with James J. Goodman, Gilles Menguy, Ted P. Pearce, and Carolyn J. Vardi), International Journal of Franchising Law, Volume 11 (2013), Issue 1, pp 3–20, London, Claerhout Publishing Ltd. (co-author)
  • Contribution on international franchising, Franchising For Dummies, 2nd Edition, Dave Thomas and Michael Seid, Wiley Publishing, Inc., 2006.
  • “Italy Adopts New Franchise Disclosure Law,” Franchising World, October 2004.
  • Editor, International Franchise Law Bibliography, Kluwer Law International, 2001.
  • “Using International Franchising to Expand a Business,” Journal of Legal Marketing, September 1999.
  • “International Dilemma: To Disclose or Not To Disclose?” World Franchise and Business, Fall 1996.
  • “International Franchising: Suggestions for Compliance,” Franchise Law Journal, Fall 1995.
  • “The Million Dollar Question: Structuring and Setting International Franchise Fees” (coauthor), 1995 International Franchise Resource & Opportunities Guide (special edition, 1995).
  • Chapter on “Franchise Law,” Doing Business in the United States series, Matthew Bender, 1995.
  • “Pre-Sale Franchise Disclosure: A Review of the Disclosure ‘Requirements’ in Australia” (coauthor), Journal of International Franchising and Distribution Law, Number 4 (1994).
  • “Corporate Tool: Taking Full Advantage of Letters of Intent in International Franchising,” World Franchise and Business Report, Spring 1994.
  • Introduction, International Franchising Law, D. Campbell, ed., Matthew Bender, 1993.
  • “Window of Opportunity: New Brazilian Regulations Will Facilitate Franchising” (coauthor), Franchise Legal Digest, Summer 1992.
  • “Pre-Sale Franchise Disclosure: A Review and Comparison of Disclosure Requirements in France, the United States, and Canada” (coauthor),Journal of International Franchising and Distribution Law, June 1992.
  • “Report from America,” Journal of International Franchising and Distribution Law, March 1992.
  • “Report From America,” Journal of International Franchising and Distribution Law, December 1991.
  • “Back to the Future: Franchising in South Africa and Southern Africa” (coauthor), Franchise Legal Digest, Summer 1991.
  • “Franchising in South Korea” (coauthor), Franchise Legal Digest, Spring 1991.
  • “Report from America,” Journal of International Franchising and Distribution Law, March 1991.
  • “Report from America,” Journal of International Franchising and Distribution Law, December 1990.
  • “Report from America,” Journal of International Franchising and Distribution Law, March 1990.
  • “Report from America,” Journal of International Franchising and Distribution Law, December 1989.
  • Survey of Foreign Laws and Regulations Affecting International Franchising, second edition, Section of Antitrust Law, American Bar Association (1989), acting editor.

Contact

Andrew P. Loewinger

Partner

Washington, DC

Phone: 202-585-8855


Fax: 866-829-9262

Georgetown University Law Center, J.D.

Columbia School of International Affairs, M.A.

Colorado College, B.A., magna cum laude

District of Columbia

Andrew was selected, through a peer-review survey, for inclusion in The Best Lawyers in America© 2019 in the field of Franchise Law. Andrew has been listed in Best Lawyers since 2007.

Andrew has also been recognized for exceptional standing in the national legal community in Chambers USA: America’s Leading Lawyers for Business 2018 for Franchising (nationwide). He has also been recognized in Chambers in previous years. He has also been recognized by Chambers Global 2018 as “Leader in the Field” for his Franchising practice.

Andrew is recognized as one of the top franchise lawyers in the United States and internationally in Who’s Who Legal 2010 and the International Who’s Who of Franchise Lawyers 2011 and 2012.

Andrew has been recognized for the past eleven years as a “Legal Eagle” by Franchise Times and he was inducted into the Legal Eagles Hall of Fame in 2013.

 

Andrew was the chair of the International Bar Association’s International Franchising Committee from 2013 to 2014, and co-chair in 2015. Andrew served on the American Bar Association’s Governing Committee for the Forum on Franchising from 2014 through 2016. In 2004, Andrew was appointed to be the first director of the International Franchise and Distribution Division of the American Bar Association’s Forum on Franchising.

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