• |
  • |
© 2012 Dorsey & Whitney LLP

  • Named a "Super Lawyer" by Washington Law & Politics, 2011
  • Listed in Best Lawyers in America, 1995-2012

  • University of Washington School of Law (J.D.), Editorial Board of the Washington Law Review
  • University of Washington (B.A.), magna cum laude

  • Washington
  • U.S. District Court

  • French

Gary R. Duvall

Partner
Seattle
P: (206) 903-8700
F: (206) 903-8820
|

Gary R. Duvall assists businesses in franchising, licensing, distribution and eCommerce. He represents local and international franchisors, manufacturers, suppliers, licensors, licensees, franchisees and franchisee associations, distributors and dealers.

Gary assists with technology licenses. He advises clients regarding privacy and data protection law. He also advises clients regarding compliance with FTC, antitrust, trade regulation, and consumer protection laws. He has expertise in Internet law, loyalty, gift card, and POS programs, Web site terms, and social media policies.

He advises on FOIA, government contracting, and government franchises, including SBA and state small and disadvantaged business rules.

Gary is a nationally recognized franchise, licensing, and distribution expert and co-Chair of Dorsey's Franchise and Distribution Law practice. He has been selected by his peers for inclusion in "The Best Lawyers in America," 1995-present, Woodward/White, Inc. He is the only lawyer from the Pacific Northwest listed (by peer surveys) in "An International Who's Who of Franchise Lawyers," 1997-present, Law Business Research Ltd., London. He has been selected by Franchise Times as a "Legal Eagle" 2007-present. Gary is a frequent speaker and an author of numerous articles on franchising, licensing, and the Internet.

 

Representative Work

Technology Licensing and Product Distribution:
  • Developed and negotiated Internet terms, privacy and data protection policies, document retention policies and related records destruction and data security issues, loyalty, gift, and POS programs and technology agreements, Intranet and Extranet agreements, Web site hosting, development, and usage agreements, software and e-Commerce agreements; VAR, OEM, and end user Agreements, government technology acquisition agreements
  • Developed and negotiated co-branding, license, distribution and strategic alliance agreements
  • Developed national distribution arrangements for many international brands
  • Advised clients on compliance with business opportunity, franchise, direct marketing, and dealer, representative, and agency termination laws
  • Advised clients on UCC-2, United Nations Convention on Sale of Goods, Incoterms, Product Warranties, product labels and labeling, Fair Packaging and Labeling Act (FLPA), Made in America and foreign content rules, advertising and FTC deceptive practices compliance, Indemnities, and Product Safety, and covenants not to compete
Governmental Licenses, Including Vehicle Dealer Licenses:
  • Advised clients on vehicle dealer licensing, state permits and vehicle purchase agreements
  • Advised clients on Public transportation grants and licenses, RFP’s, IFB’s, bids, sole source government contracts, and negotiated government contracts
  • Advised clients on public-private partnerships, including stadium naming rights, and other government licenses and franchises 
Financial Services:
  • Helped national financial brokerage with franchise compliance
  • Worked on franchise issues with respect to dealer and distributor network of largest national check and business forms company
  • Helped national bank with fleet card program
  • Helped H & R Block master franchisee network with e-commerce and refund anticipation loan issues and related software license and franchise issues
  • Helped franchisee association of largest national software training company with integrating franchisor's Web-based learning and payment programs with franchise network 
Hotels:
  • Developed hotel franchise system for Westin Hotel Company
  • Represented hotel owners (licensees) and major brands (licensors) in negotiation and dispute resolution involving the management and franchise relationships
  • Developed hotel franchise system for Westin Hotel Company including franchise agreements and franchise disclosure documents for the chain
  • Represented hotel owners (licensees) and brand owners (licensors) in negotiation and dispute resolution involving the management and franchise relationships
  • Represented hotel owners in negotiation of franchise and management agreements for major brands including Sheraton, Marriott, Westin, and Hilton. For example, negotiated franchise and management agreements for Four Fires LLC in California for a Marriott Residence Inn.
  • Negotiated an IT and reservations system agreement for Port Madison Enterprise's Suquamish casino hotel.
Restaurants:
  • Served as general franchise counsel for a franchised chains in pizza, coffee, casual dining, breakfast, QSR chicken, sandwich, and provided distribution and regulatory compliance advice
  • Served as general and special counsel to restaurant multi-unit franchisees, developers, and area managers
  • Responded to complaints filed with government agencies and licensing boards
  • Assisted restaurant and hotel owners in obtaining and transferring liquor licenses and permits and meeting other regulatory requirements
Petroleum Retailing:
  • Served as general franchise counsel to develop and document franchise program for Jackpot Convenience Stores (a Time Oil Co. brand)
  • Assisted national petroleum marketers and jobbers in PMPA and state petroleum marketing and franchise law compliance
  • Handled dispute resolution, technology licensing, fleet card payment programs, POS and back office technology, loyalty program agreements, gaming law compliance, anti-trust compliance, and transactions for petroleum retailing and distribution
International Licenses and Master Franchises:
  • Structured and negotiated international master and unit franchises, in many countries, in supra-national jurisdictions including the EU, in nearly 100 foreign jurisdictions
Trademarks and Domain Names:
  • Prosecuted one of the first successful domain name arbitrations on behalf of a major international franchisor under the ICANN UDRP
  • Manage portfolios of domestic and international trademarks, including full range of acquisition, protection, maintenance, and policing services
Other Dispute Resolution and Transactions:
  • Counseled clients in numerous franchise and intellectual property mediations
  • Prosecuted actions for service mark and trademark infringement, unfair competition and other actions involving protection of intellectual property
  • Counseled and negotiated mergers, acquisitions, and financings for franchisors and multi-unit franchisees
  • Represented businesses in shareholder buyout disputes and other business valuation matters

Presentations

  • “Successful Franchising from Canada to the USA,” Speaker, Canadian Franchise Association Annual Convention, Niagara Falls, Ontario, Canada, March 2011.
  • “Franchising and Social Media: Look Before you Tweet,” Speaker, Canadian Franchise Association, Ontario Region Legal Day, Toronto, Ontario, Canada, March 2010.
  • “Franchising into the USA,” Speaker, International Bar Association Annual Convention, Vancouver, B.C., October 2010.
  • "Discrimination against Franchisees and Retailers by Franchisors and Suppliers,” Workshop Leader, International Bar Association Annual Convention, Vancouver, B.C., October 2010.
  • "Business Aspects of International Franchising", Workshop Leader, International Bar Association Joint Conference with International Franchise Association, Washington D.C. May 2007.
  • "Advanced Franchising Methods and Strategies," The Seminar Group Franchising Conference, Seattle, WA, April 6, 2007.
  • "Trademark Licensing and Franchising," Intellectual Property Licensing, Washington State Bar Association, Seattle Washington, September 20, 2006.
  • "Trademark and Franchise Licensing," Modern Licensing Law, Law Seminars International, San Francisco, California, July 14, 2006.
  • "Franchising in China," Speaker, American Bar Association, Annual Meeting, Chicago, Illinois, August 4-9, 2005.
  • "Franchise Lawyering, Workshop on Ethics," Panel Chair and Moderator, International Franchise Association Annual Legal Symposium, Washington D.C., May 8-9, 2005.
  • "Trademark Licensing and Franchising: Applying Franchise Laws to Trademark Licensing", Lighthouse Seminars IP Licensing Law Institute, Denver Colorado, March 2005.
  • "The Accidental Franchisor: Avoiding Franchise Laws in License and Distribution Agreements," Oregon Law Institute, Lewis and Clark Business Law Institute, February 2005, Portland, Oregon.
  • "Franchising in Latin America, Trademark Protection Aspects", Speaker, IFE-Franchising in Latin America, April 2002, Chamber of the Americas and Franchising Times Co-sponsors, New Orleans, LA.
  • E-Commerce for Franchise Companies, Speaker 2001 International Franchise Association Legal Symposium, May 2001, Washington D.C.
  • "Enforcement of Franchise Agreements in Japan and Korea", Speaker, American Bar Association (ABA) Forum on Franchising, 1999 Annual Forum in Palm Desert, California

Professional Activities

  • Gary is a member of the International Franchise Association (IFA) Council of Franchise Suppliers and its Legal-Legislative Committee (1989-present). He is the founder and a host of the quarterly IFA Franchise Business Network Meetings in Seattle, WA and Portland, OR (1993-present), and co-hosts the San Francisco, CA FBN meetings. He chairs the Washington State Bar Association Committee on Franchising (1993-2000, 2005-present). He was awarded the "Certified Franchise Executive ("CFE") designation by the IFA in 1998 (not a certification required to practice law). He is a member of the and of the Licensing Executive Society (1995-present), the ABA Forum on Franchising (1987-present); and of the International Bar Association Committee on International Franchising (1993-present).
  • Gary has testified before the Commerce Committed of the Washington Legislature on franchise issues. Gary also provided testimony and assistance to the FTC staff on proposed federal legislation on franchising.

Civic & Community Activities

  • Volunteer Prisoner Rights Project: ACLU of Washington 1973-1977; Ravenna-Bryant Community Association Council Member, 1978-1982; S.B.A.-S.C.O.R.E.-A.C.E. Volunteer Business Counselor (1984-1991); World Trade Club, Canadian Forum, Chair (1992-1994); Volunteer youth soccer, track & field and skiing coach, 1990-2000; Pro Bono Legal Counsel to multiple Non-Profit 501(c) 3 organizations 1985-present.

Attorney Articles

April 2010
The Franchisor Advantage
April 2008
Merchandizing and Licensing Can Boost Franchise Revenues
March 2008
Protecting Personal Data in Franchise Systems: New Notification Laws
October 2007
New Federal Trade Comission Rule Allows Electronic Franchise Disclosure
January 2006
"E-Sign and E-Disclosure: Risks and Rewards," The Franchise Lawyer
Winter 2005
"Using the Web More Effectively, Is Your Web Site Working as Hard as You Do?" ABA Franchise Law Journal
October, 2005
FranLaw Update | Electronic UFOC Disclosure – How & Why
November 13, 2004
FranLaw Update: Timing is Everything - Implementing Electronic Franchise Disclosure and Franchise Advisory Councils
November 2004
“De-Franchise My License, Please” or, “What Licensors and Distributors Need To Know About Franchise Laws”
November 2004
"Franchise Disclosure Enters the Electronic Age," LJN’s Franchise and Business Alert
Winter 2004
Franchisor 2004 New Year's Resolutions
Volume 4 | No. 1
“De-Franchise My License, Please” or, “What Licensors and Distributors Need To Know About Franchise Laws”
July 1, 2003
International Trademark Registration in 2003: The Madrid Protocol - Faster, Cheaper, Better
July 2003
"State Regulatory Developments in Franchising," Franchising World Magazine
June 2003
"The Madrid Protocol: Faster, Cheaper, Better Trademark Registration for Franchisors," LJN’s Franchising Business & Law Alert
May 11, 2003
"Franchise Regulatory Update," Moderator of Panel, International Franchise Association 36th Annual Legal Symposium, Washington DC.
May 1, 2003
State Regulatory Developments
Spring 2003
FTC Telemarketing Rules Now Apply to Franchise Prospect Calls!
Fall 2002
FranLaw Update
May 17, 2002
Trademark/Brand Name Protection Within the New Top-Level Domain .coop
February 28, 2002
Join .US On The Web
2002
"Taking a Canadian Franchise to the U.S., the U.S. Perspective," Author, Canadian Business Franchise Handbook, pp 96-102, CGB Publishing Ltd.
November 26, 2001
.US and .EDU Availability Expands and .MUSEUM Launches
Fall 2001
FranLaw Update
October 11, 2001
Domain Name Update .NAME
May 1999
"Franchise Disclosure Law Compliance for Cyber-franchising," Panelist on Disclosure Compliance Programs, 1999 International Franchise Association Legal Symposium, Washington DC.
October 2009
“Switch Hitting Franchise Lawyers: Representing Both Franchisees and Franchisors,” The ABA Forum on Franchising, THE FRANCHISE LAWYER