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  • Education
    • J.D., Boston University, 1989, Edward F. Hennessey Scholar
    • B.A., McGill University, 1986
    • Certificate, London School of Economics, 1985

Clients rely on Jan Gilbert for his strategic counsel in complex aspects of domestic and international franchising. With more than 30 years of experience, Jan advises start-ups and developed franchisors and franchisees on a wide variety of franchise relationship matters, including structuring franchise programs, federal and state regulatory issues, mergers and acquisitions, compliance issues and drafting development and area representative agreements.

Jan leverages his previous experience to negotiate both domestic and international agreements and resolve franchisee disputes. He regularly responds to state and administrative inquires and investigations and serves as an advisor throughout the establishment of development of franchise advisory councils and cooperatives.

  • Successfully defended the International Franchise Association (IFA) in a U.S. Department of Justice investigation into the Association’s activities concerning the widespread proliferation of anti-poaching provisions in franchise agreements. Ultimately, the DOJ opted not to bring any enforcement action against the IFA and filed Statements of Interest in two actions supporting the IFA’s position on the legality of such provisions.
  • Serve as the lead outside international franchise counsel for Krispy Kreme Doughnut Corporation, representing the company in virtually all international franchise matters, including entry into new markets in all geographic regions and enforcement and dispute resolution.
  • Represented the International Franchise Association in connection with the filing of an amicus brief in the case of Jarvis Arrington, et al. v. Burger King Worldwide, Inc., et al. in the eleventh circuit court of Appeals for the Eleventh Circuit. The brief argues that, under federal law, anti-poaching provisions contained in franchise agreements should be analyzed under the rule of reason.
  • Successfully negotiated a multi-country development agreement for a major international retailer, for the development of 1300 franchised stores throughout the Pacific rim.