Concentration

Summary

Ann Hurwitz chairs the Franchise and Distribution Law practice at Baker Botts and is based in the firm’s Dallas office.  She has over 30 years of experience advising U.S. franchisors on the structuring and operation of their domestic and international franchise programs.  She also represents non-U.S. based franchisors expanding into the U.S. market. She has devoted particular attention to the complex issues arising from the ownership of multiple brands, co-branded opportunities, system restructuring and brand acquisition. She also advises clients on the structuring of non-franchised distribution systems.

Ms. Hurwitz represents clients of all sizes, from start-ups to mature companies with multi-national operations.  Representative clients include leaders in the hotel and hospitality, restaurant and retail industries.

Among other honors, Ms. Hurwitz was recognized in 2011 by the International Who’s Who of Franchise Lawyers as one of the “10 most highly regarded individuals internationally.” She has been listed in Chambers USA every year since 2007 and in The Best Lawyers in America every year since 1995. She has also been recognized repeatedly for her work in franchise law by Dallas’ D Magazine. A two time winner of the International Law Office Client Choice Award for Franchising, Ms. Hurwitz has been praised as “very practical, able to understand business issues and extremely commercially aware.”

Representative Engagements

• Global car rental franchise company-provided strategic advice in expanding into insurance replacement business line
• Home services franchise company-negotiated favorable settlement of franchise regulatory violations with 10+ franchise registration states
• Tanning salon franchise company acquisition-advised large tanning salon company in connection with acquisition of existing West Coast-based tanning salon company, including related due diligence and integration of target company’s franchisees
• Food and beverage licensing-negotiated numerous celebrity chef/entertainer restaurant and bar deals for several large hotel companies
• Buyout of multinational sandwich chain-represented large private equity company in due diligence in connection with purchase of 350+ unit sandwich QSR franchise company
• U.S. expansion of coffee shop franchise-developed U.S. franchise program for large Israeli coffee shop franchise expanding into U.S. market and provided related strategic advice
• Large convenience store chain-advised large convenience store chain with respect to restructuring franchise program in connection with class action settlement
• Investment in frozen yogurt store franchise-advised private equity company and investors with respect to significant investment in fast-growing frozen yogurt chain based in California
• Car rental franchise company-provided strategic advice to multinational car rental franchisor in connection re-structuring franchise program after bankruptcy filing
• International convenience store chain-advised one of the world’s largest convenience store franchisors in connection with international arbitration with multi-unit licensee in Asia 
• International Expansion-advised several U.S. companies, including brand leader in the smoothie segment, on international expansion into various areas including South Korea, Philippines, Mexico, Canada and The Middle East

Publications, Speeches and Presentations

Ann is a frequent speaker on franchise and distribution issues for business and professional groups, including the American Bar Association Forum on Franchising, the International Franchise Association, and the International Bar Association. She is the author of numerous articles relating to franchising and distribution, including:

• Co-editor, The FTC Franchise Rule: Analysis and Commentary,American Bar Association Forum on Franchising, 2008
• “You Don’t Want to be a Franchise? Structuring Business Systems Not To Qualify As Franchises,” American Bar Association Forum on Franchising, 2011
• “Effective Strategies for Collecting Amounts Due - Domestically and Internationally,” International Franchise Association Legal Symposium, Washington, D.C., May 2011
• “MBA Concepts for Franchise Lawyers,” American Bar Association Forum on Franchising, 2009
• “At Your Service: Legal and Business Challenges Unique to the Service Industry,” International Franchise Association Legal Symposium, Washington, D.C., May 2008
• “The Franchise Debate,” Hospitality Law Conference, Houston, February 2008
• “Planning for Disasters and Coping When They Hit,” American Bar Association Forum on Franchising, 2006
• “Judicial Update,” International Franchise Association Legal Symposium, Washington, D.C., May 2004
• “Good Faith and Fair Dealing - Drafting to Clarify Obligations and Minimize Exposure,” International Franchise Association Legal Symposium, Washington, D.C., May 2002
• “Tough Issues: Drafting Challenges for Franchisors Operating in the New Economy,” American Bar Association Forum on Franchising, 2000
• “Policies & Policy Statements: A Shield for Franchisors or a Sword in the Hands of Complaining Franchisees?” American Bar Association Forum on Franchising, 1997
• “Termination of the Franchise Relationship,” joint meeting of the International Bar Association and International Franchise Association, Washington, D.C., May 1997
• Co-editor, Building Franchise Relationships: A Guide to Anticipating Problems, Resolving Conflicts, and Representing Clients, American Bar Association Forum on Franchising, 1996
• “Reshaping the System: Cooperative Strategies for Overcoming Business and Legal Obstacles to Change in the Mature Franchise System,” American Bar Association Forum on Franchising, 1995
• “Co-Branding: Managing Franchise Brand Associations,” Oklahoma City University Law Review, Summer/Fall 1995
• “Combining Affiliations: When Competitors Merge Their Franchise Systems,” American Bar Association Forum on Franchising, 1994
• “Judicial Update,” American Bar Association Forum on Franchising, 1993
• “Alternative Dispute Resolution in Franchise Systems,” American Bar Association Forum on Franchising, 1992