David Cahn

David Cahn brings over 25 years of experience to his multifaceted national practice, concentrating on franchise law. David advises franchisors and franchisees on launching their brands and growing their businesses, and in protecting a wide variety of legal rights.

• Franchising counsel

David works with companies that want to grow to determine whether the business relationship they envision would be a franchise and, if possible, structure it to avoid coverage by franchise sales or relationship laws. If that is not feasible or the best path, over 35 companies have trusted David to prepare franchise disclosure documents and franchise agreements.  Numerous other franchisors have hired David to improve their franchise offerings and/or help them to surmount regulatory roadblocks, particularly obtaining or maintaining Maryland franchise registration.  David’s franchisor clients have been in industries such as restaurants and food service, fitness, education, transportation, cosmetology, senior care, physical rehabilitation, boating, home services and improvements, and child enrichment including tutoring.

• Contract writer and negotiator

A skilled negotiator, David can represent both sides in an agreement negotiation. In addition to franchise agreements, agreements that David has prepared and negotiated include the sale or purchase of closely held businesses, LLC operating agreements and corporation shareholders agreement, product distribution, commercial real estate leases, and those involving licensing, purchase and sale of trademark rights.

• Trademarks and Trade Secret Protection

David advises clients on selecting business names and logos over which they can claim exclusive trademark rights and avoid infringing on others’ trademarks. David's clients count on him to prosecute trademark registrations while protecting and enforcing their rights.  David also writes and negotiates non-disclosure agreements and advises clients on other methods of protecting their confidential business information.

• Franchise litigation and dispute resolution

David began his career as a full-time litigation and trial attorney, and he continues to represent both franchisors and franchisees in disputes arising from the franchise relationship.  He has particular experience with disputes concerning covenants not to compete and other restrictive covenants within and outside of franchising.  David has served as an expert witness for hotel and restaurant franchise-related cases.

• Industry Focus

A significant portion of David's practice is his experience serving as an outside general counsel for various types of businesses. He has particular expertise in representing restaurants and food service businesses, as to franchising, trademarks, real estate leasing, employment, construction and governmental licensing issues.  David also is outside general counsel to pharmacy group purchasing and administrative services organization.  

• Antitrust

David has been an antitrust counselor to trade and professional associations and has experience advising small businesses on their rights under antitrust laws.