Franchising Depositions - Second Edition
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Franchising Depositions is the only work available that focuses on strategy, law, and forms for taking or defending depositions in the context of franchise relationships. The work discusses the background of franchising and how the dynamics of relationships in franchising impact depositions of franchisor-franchisee disputes. It provides suggestions and strategy for preparing and conducting depositions, whether as the examining or defending attorney. Franchising Depositions also contains forms (actual depositions conducted by the author and others) to help you prepare your own examination outlines, to prepare your witness to be deposed and to plan strategy for defense. The text is extensively footnoted with discussion and references to the substantive law of franchising. With chapters on depositions in cases of franchise agreement enforcement, rescission and damages, termination and non-renewal claims, claims between competing franchisors and depositions of expert witnesses, the book is useful to lawyers in any type of franchising dispute. It is a gateway of information for practitioners who are new to franchising disputes, and is also valuable for experienced practitioners.
a sample of the contents, opening pages and forms see the previews above.
David Gurnick practices law with Lewitt,
Hackman, Shapiro, Marshall & Harlan in Los
Angeles, California. He represents manufacturers, franchisors,
cooperatives, distributors, dealers and franchisees in wide-ranging industries
in the preparation of distribution agreements, in achieving franchise law compliance, in antitrust and competition
matters, government investigations, trademarks, copyrights, trade
secrets, e-commerce and litigation. He is certified by the State Bar of
California, Board of Legal Specialization as a specialist in Franchising and
He has written extensively on franchise and distribution law subjects.
His articles on franchising and cooperatives have been cited in California
Supreme Court and California Court of Appeal decisions. He served as an adjunct
professor of law teaching franchising, has testified as an expert in
franchising, and has frequently been a panelist at the American Bar Association
Forum on Franchising, and International Franchise Association Legal Symposium. He
has also served as editorial board member for the American Bar Association Franchise
He is a past president of the San Fernando Valley Bar Association
and has chaired its Business Law and Litigation Sections. He served as trustee
of the University of West Los Angeles College of Law, was president of the
Valley Community Legal Foundation, and was a trustee of the Los Angeles County Bar
Association. He currently serves as a
director of the Valley Bar Mediation Center, a charitable organization devoted
to solving disputes through mediation.
Mr. Gurnick is admitted to practice in the U.S. Supreme Court,
U.S. Courts of Appeals for the Federal Circuit and Ninth Circuit, and U.S.
District Courts for the Central District and Eastern District of California. He
is a member of the Bar in California and the District of Columbia.
He earned his Bachelor’s degree in 1981 from the University of
California, Los Angeles, graduating summa
cum laude and Phi Beta Kappa. At UCLA Mr. Gurnick was a member of the
Student Council and University Policies Commission and Chair of the Judicial
Review Committee. He received his law degree in 1984 from the University
“Mr. Gurnick’s Franchising
Depositions is designed for those attorneys who may be
experienced lawyers but are unfamiliar with franchise law, and those lawyers
who may or may not have knowledge of franchise law, but are far less
experienced than the masters in the art of deposing. He has created a useful
work which will supplement the existing literature on franchise litigation.”
- Rupert Barkoff, former Partner, Kilpatrick Stockton LLP, practicing franchising, corporate, and securities law. Mr. Barkoff
served three years as Chair of the ABA's Forum on Franchising, and was recognized
as one of the country's leading franchise attorneys by The Best lawyers
in America®. Co-author of Fundamentals of Franchising, he published over 50 articles on franchising, and testified twice before Congressional