Background & Experience   Mark Kirsch focuses his practice on domestic and international franchising and distribution matters.  Mr. Kirsch has represented and counseled clients on various corporate, commercial, licensing, franchise, and business development matters across a diverse range of industries, including restaurants and food service; convenience stores; hotels and the hospitality industry; computer, telecommunications, and other high tech operations; health care; equipment manufacturing and distribution; car rental and automotive services; educational and training businesses; employment and personnel agencies; real estate; publishing; cosmetics and hair care; and various retail businesses.   Mr. Kirsch's experience includes developing and structuring franchise and distribution systems; drafting and negotiating franchise, licensing, and distribution agreements, asset purchase agreements and related commercial contracts; drafting contracts related to, and counseling clients concerning, advertising and purchasing cooperatives; counseling clients with respect to compliance with state and federal regulatory issues; and assisting in dispute resolution proceedings.  He has been involved in numerous corporate and commercial transactions related to the acquisition and sale of franchise systems.  In addition, Mr. Kirsch has extensive experience in developing co-branding and multiple-brand licensing and distribution arrangements.   Mr. Kirsch has authored and co-authored several articles on and has spoken at industry seminars concerning, branding, licensing, franchising, and distribution issues.

Publications (as author or co-author)   Building a Co-Branding Alliance: Success Means Working Together Canadian Business Franchise March/April 2007   Building a Co-Branding Alliance: Contracts Explored Canadian Business Franchise January/February 2007   Building a Co-Branding Alliance: Can 2+2= 5? Canadian Business Franchise November/December 2006   The FDA's Food Security Guidelines Franchise Times May 2002   Extranets - Getting Inside Your Website Maryland Bar Journal November/December 2000   Franchisor Liability for Failure by Franchisees to Comply with the Americans with Disabilities Act -- Compliance Drafting Issues Franchise Law Journal, Vol. 19, No. 4 Spring 2000 (republished, in an abbreviated version, in GP Solo, September 2000, as part of a series of articles entitled "Best Articles Published by the ABA")   Healthcare Services: An Accidental Franchise? Maryland Bar Journal November/December 1999   Dual Branding: The New Franchising Phenomenon Leader's Franchising Business and Law Alert November/December 1995   Franchisors and Franchisees Brace for New Disclosure Regime Lodging Magazine November 1994   Growth by Franchising Hotels Magazine February 1991   Multiple Unit Franchising: Area Representation Franchise Legal Digest July/August 1987

Speeches and Presentations (as presenter, moderator, or co-presenter)   Franchising Fundamentals Loudoun County Small Business Development Center Ashburn, Virginia | December 2005, November 2006, November 2007, September 2009   A Seller’s Guide to Preparing for Sale of the Franchise System International Franchise Association 42nd Annual Legal Symposium Washington, D.C. | May 2009 Franchising Your Business International Concierge and Errand Association Annual Convention San Diego, California | October 2007   Co-Branding and Multi-Brand Alliances International Franchise Expos Washington, D.C. | 2000 through 2007   Structures and Operational Strategies for Successful Expansion Within the US International Franchise Expos Washington, D.C. | 2005 through 2007   When the Relationship Sours: Creating an Amicable Plan International Franchise Association 47th Annual Convention Las Vegas | February 2007   Franchisors' Role in Franchisee Financing International Franchise Expos Washington, D.C. | 2003 through 2006   Rescission of Franchise Agreements Under Maryland Law Maryland State Bar Association Franchise and Distribution Committee Meeting Baltimore | April 2006   Resolving Franchise System Disputes Without Litigation International Franchise Association 46th Annual Convention Palm Springs, California | February 2006   FTC Franchise Rule Seminar International Franchise Association Washington, D.C. | September 2005   Fundamentals of Franchising IFA Educational Foundation and the Association of Small Business Development Centers Baltimore | September 2005 Special Issues Involving Multiple Concept Franchising International Franchise Association 38th Annual Legal Symposium Washington, D.C. | May 2005   How Franchisors Can Attract Multi-Unit Franchisees to Their Systems Franchise Finance and Development Conference Las Vegas | April 2005   Franchise and Licensing Issues for Lenders & Workout Professionals Turnaround Management Association Baltimore | June 2004   Understanding and Negotiating a Franchise Agreement Joint Maryland Bar Committee on Franchise and Distribution Law, MICPEL, Virginia State Bar Committee, and D.C. Bar Committee continuing legal education program Alexandria, Virginia | November 2003   The Accidental Franchise ABA Forum on Franchising Annual Meeting San Francisco | October 2001   Business Opportunity Laws Maryland Bar and MICPEL Baltimore | April 2001   The Prevent Defense IFA Legal Roundtable Series Denver | March 2001   Practical Solutions to Franchise Conflicts IFA Legal Roundtable Series Philadelphia, Pennsylvania | September 1999   Mergers and Acquisitions Involving Franchise Networks International Franchise Association 32nd Annual Legal Symposium Washington, D.C. | May 1999   Co-Branding and Multi-Branding International Franchise Expo Washington, D.C. | April 1999   Licensing, Branding and Co-Branding Tortilla Industry Association 9th Annual Convention Las Vegas | September 1998   Understanding and Negotiating a Franchise Agreement Maryland Bar Committee on Franchise and Distribution Law and the Virginia State Bar Antitrust, Franchise and Trade Regulation Section Baltimore | June 1998   Strategic Alliances: Expand Your Business through New Brand Partners and/or Alternate Locations Specialty Coffee Association of America's 10th Annual Conference Denver | April 1998   Understanding and Negotiating a Franchise Agreement Maryland Bar Committee on Franchise and Distribution Law and MICPEL Baltimore | September 1997   Solving the Franchising Puzzle: Branded Foodservice at Convenience Stores National Association of Convenience Stores Foodservice Conference Chicago | June 1997   Co-Branding and Non-Traditional Distribution IFA Second Tuesday Program Rosslyn, Virginia | January 1997   Co-Branding: The Next Frontier for Profits -- Legal Issues in Structuring Co-Branding Relationships Branding America '96 Conference Atlanta | April 1996   Legal Issues in Structuring Branding Alliances National Association of Convenience Stores Food Service Forum March 1996   Franchising in Maryland and the New UFOC Maryland Bar Committee on Franchise and Distribution Law and MICPEL March 1996   Franchise Law for the Non-Lawyer IFA Foundation Certified Franchise Executive Program Washington, DC | May 1995   The New UFOC Guidelines IFA Legal Roundtable Series Washington, D.C. | December 1994   The Franchise Contract International Franchise Expo | April 1994

Honors:   Best Lawyers in America Franchise Times' “Legal Eagles,” as one of the top franchise lawyers in the U.S. and Canada Virginia Super Lawyers Washington, DC Super Lawyers International Who’s Who of Franchise Lawyers

Admissions:   District of Columbia Maryland Virginia United States District Court for the District of Maryland United States District Court for the District of Columbia

Memberships:   American Bar Association (Business Law Section and the Forum on Franchising) Maryland State Bar Association (Chair of the Committee on Franchise & Distribution Law of the Section on Business Law, 1999-2001) District of Columbia Bar Association Virginia State Bar Association

Education:   ·         B.A., cum laude, University of Rochester, 1980 ·         J.D., George Washington University, 1984