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. Also, 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

Is Your Business At Risk As An 'Accidental Franchise'?
Maryland Bar Journal
Winter 2001

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
November 1994

Growth by Franchising
Hotels
February 1991

Multiple Unit Franchising: Area Representation
Franchise Legal Digest
July/August 1987

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
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
April 2005

Franchise and Licensing Issues for Lenders & Workout Professionals
Turnaround Management Association
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
November 2003

The Accidental Franchise
ABA Forum on Franchising Annual Meeting
San Francisco | October 2001

Business Opportunity Laws
Maryland Bar and MICPEL
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
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
June 1998

Strategic Alliances: Expand Your Business through New Brand Partners and/or Alternate Locations
Specialty Coffee Association of America's 10th Annual Conference
April 1998

Understanding and Negotiating a Franchise Agreement
Maryland Bar Committee on Franchise and Distribution Law and MICPEL
September 1997

Solving the Franchising Puzzle: Branded Foodservice at Convenience Stores
National Association of Convenience Stores Foodservice Conference
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
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

Mark Kirsch has been selected as or included in:

• 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