Attorneys
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Practice Description Joseph J. Fittante is a shareholder and member of Larkin Hoffman’s Corporate Law Department. He works in the franchise and distribution area advising franchisors on various topics, including structuring the franchise relationship and registration and disclosure issues. Mr. Fittante also advises manufacturers on creating distribution networks that do not fall within the purview of state franchise or business opportunity laws and counsels his clients on the management of these networks. He routinely represents privately held companies who are buying or selling businesses. Bar Admissions Minnesota, 1996 U.S. District Court, District of Minnesota Professional Associations & Memberships American Bar Association, 1996-present American Bar Association, Forum on Franchising, 1998-present Franchise Forum Governing Committee, 2007-present Chair, ABA Forum on Franchising, 2011-2014 Young Lawyers Division Liaison to Franchise Forum Governing Committee, 2003-2005 Annual Franchise Forum Co-Program Chair, 2008 Osseo Maple Grove Athletic Association Shakopee Area Catholic Schools, Athletic Advisory Council St. Mark's Church, Pastoral Council Vice President Education William Mitchell College of Law, St. Paul, MN, 1996 J.D., cum laude Editor, William Mitchell Law Review, 1995-1996 University of Wisconsin, Eau Claire, WI, 1993 B.A. Honors Legal Eagle, Top Franchise Lawyers in the U.S. and Canada, Franchise Times, 2010-2011 Leader in Franchise Law - Chambers USA, 2009-2010 Best Lawyers in America,® Franchise Law, 2008-2011 Super Lawyer,® Super Lawyers magazine, 2004-2011 (formerly known as Minnesota Law & Politics magazine) Super Lawyer,® Super Lawyers Corporate Counsel Edition, Franchise & Distribution, 2008-2010 Rising Star,® Super Lawyers magazine, 2003-2004 (formerly known as Minnesota Law & Politics magazine) Named in The International Who’s Who of Business Lawyers, 2010, 2011
Named one of the Top 3% of Attorneys in the U.S. in 2009 by The Legal News
Named one of the preeminent practitioners in Guide to the
World’s Leading Franchise Practitioners, in association with Managing Intellectual Property (MIP) 2009 Named in The International Who’s Who of Franchise Lawyers 2009, 2010
Service Areas
Corporate Franchise and Distribution |
Corporate Experience
Rewriting Operating Manuals -- The Devil is in the Details
An international franchise company turned to Larkin Hoffman to help rewrite, and in some cases create, operating manuals for multiple brands.
Creation of National Dealer Network
A direct selling organization contacted Larkin Hoffman for assistance in establishing a national distribution network.
Withdrawal from Selling Group
When an international distribution company needed advice about its rights related to withdrawal from a selling group, the company turned to Larkin Hoffman.
Franchise and Distribution Experience
Protection of Franchisor Confidential Information
A national franchisor contacted Larkin Hoffman when their Minneapolis franchisee ceased operations and transferred customer records to a competitor.
Streamlining Franchisor Contracting Process
An international franchisor seeking to streamline its contracting process turned to Larkin Hoffman.
Rewriting Operating Manuals -- The Devil is in the Details
An international franchise company turned to Larkin Hoffman to help rewrite, and in some cases create, operating manuals for multiple brands.
Modell and Fittante Pen Business Builder Article in Upsize Magazine
Charles Modell and Joseph Fittante, Jr. co-authored "How to know if your business is a franchise" in the August/September issue of Upsize Magazine.
Defaults and Terminations - An Unfortunate Reality of a Challenging Economy
A practical approach to the mechanics of the default and termination process is outlined in this article, which appears in the Spring 2009 issue of Franchise Law Journal.
Take Advantage of These Franchise Registration Tips
In the competitive climate of franchise sales, a premium is placed upon adeptly navigating the registration maze.
Independent Insurance Agent was Franchisee, Says Connecticut Jury
Originally published in The Franchise Lawyer, Volume 8 Number 3, May 2005. © The American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
The Untapped Sales Potential of Existing Franchisees
Originally published in Franchise Update, April 2001.
Stop Losing Your Franchise Outlets: Control the Real Estate
You just received a notice from your franchisee explaining that he is three months in arrears to the landlord for rental payments under his lease for the franchised location, the landlord is threatening to evict him, and the franchisee is ready to throw in the towel. You quickly realize that all of the goodwill of your brand at the franchised location is about to be lost, and worse yet, there is nothing you can do about it. You vow to never allow yourself to be put in this type of situation again. The key is to get control of the real estate.
Avoiding the Accidental Franchise
Do you have clients operating dealership programs? Do you have a business that offers licenses? Whenever drafting licensing and dealer arrangements, cautious practitioners should consider whether the Wisconsin Franchise Investment or Fair Dealership laws apply. Both laws (and similar laws in other states) offer a potential trap for the unwary - the creation of an accidental franchise, with resulting severe penalties and restrictions.
Community of Interest: Clarity or Confusion?
Most franchise practitioners are familiar with the statutory requirements of a marketing plan and substantial association with a trademark, and are generally comfortable with their meanings. But "community of interest," which a number of statutes substitute for the marketing plan requirement, does not have a common everyday meaning, and has received confusing, sometimes contradictory, interpretations from the courts.
Limiting The Franchisor's Liability For Pre-Sale Disclosure Violations
Originally published in Franchise Lawyer, Fall 2001 at 7. For more information or a copy of the article, please contact info@lhdl.com.
Advertising Tips for Franchisors: Knowing the Laws and Regulations*
Many franchise companies have recently increased their advertising efforts to attract new franchisees. Prior to mounting an advertising campaign it is important that a franchisor be aware of the basic laws related to advertising for prospective franchisees.
Sales Programs that Involve Franchisees
Originally published in Franchise Update, April/May 2001 at 47. For information or a copy of the article, please contact info@lhdl.com.
The Untapped Sales Potential of Existing Franchisees
Originally published in Franchise Update, April 2001.
Franchising Your Business: Changes in Latitude, Changes in Attitude
You may initially scoff at franchising your business, thinking only retail sales businesses like McDonalds are successful at franchising. For many service businesses that have entered the franchise arena, this is untrue. In fact, many service businesses have used franchising to spur growth, increase the public’s awareness of the services the business offers, and expand nationally as well as internationally.
Franchising Your Business: Understanding an Often Overlooked Growth Strategy
Originally published in Minnesota Business, May 2000.
Franchisor Involvement in Real Estate
Originally published in Franchise Law Journal,Vol. 18, No. 4, Spring, 1999.
ABA Franchise Forum Chair on the State of Franchise Law
Joe Fittante spoke about the state of the ABA Forum on Franchising, the law and the economy with the national franchise publication, Blue Maumau. Joe is the current chair of the Forum and spoke to the online publication during this year's forum in Baltimore. View the full interview http://bit.ly/stateoffranchiselaw
Eight Attorneys Selected for Inclusion in Best Lawyers in America
Larkin Hoffman is proud to announce eight attorneys were recently selected by their peers for inclusion in The Best Lawyers in America® 2012 (Copyright 2011 by Woodward/White, Inc., of Aiken, S.C.).
Fittante Begins Term as Chair of the ABA Forum on Franchising
Joe Fittante's three-year term as the Chair of the American Bar Association Forum on Franchising officially began on August 1, 2011. Approximately 2,000 lawyers in the United States and throughout the world are members of the Forum on Franchising, which is the preeminent organization dedicated to the study and discussion of the legal aspects of franchising, locally, nationally and internationally.
Fourteen Larkin Hoffman Attorneys Named Super Lawyers
Larkin Hoffman Daly & Lindgren Ltd. is proud to announce that fourteen of its attorneys have been selected by their peers for inclusion in the 2011 edition of Minnesota Super Lawyers.®
Fittante Elected Chair of ABA Forum on Franchising
The American Bar Association Forum on Franchising has elected Larkin Hoffman shareholder, Joseph J. Fittante, Jr., the Chair of the Forum for a two year term commencing in August 2011.
Seven Attorneys Selected for Inclusion in Best Lawyers in America
Larkin Hoffman Daly & Lindgren Ltd. is proud to announce that seven of its attorneys were recently selected by their peers for inclusion in the 2011 edition of Best Lawyers in America®.
Thirteen Larkin Hoffman Attorneys Named to the 2010 Super Lawyers List
Larkin Hoffman congratulates 13 attorneys as 2010 Super Lawyers.
Fittante Nominated as Chair of the ABA Forum on Franchising
The American Bar Association Forum on Franchising Nominating Committee has nominated Joe Fittante as the Chair of the Forum for a two year term commencing in August 2011.
Four Larkin Hoffman Attorneys Included in 2010 Super Lawyers Corporate Counsel Edition
Four Larkin Hoffman attorneys were selected for inclusion in the July/August 2010 Super Lawyers Corporate Counsel Edition. ® Charles Modell and Joseph Fittante in the Franchise/Dealership area, James Quinn in Intellectual Property, and Kenneth Corey-Edstrom in Bankruptcy & Creditor/Debtor Rights area.
Three Larkin Hoffman Attorneys and Franchise Practice Group Recognized by Chambers USA: America's Leading Lawyers for Business
Larkin Hoffman is proud to announce that three of its attorneys and the franchise practice group are recognized in the 2010 edition of Chambers USA: America's Leading Lawyers for Business.
Three Larkin Hoffman Attorneys Recognized by Chambers USA: America's Leading Lawyers for Business
Three Larkin Hoffman attorneys have been ranked by their clients and peers as leaders in their respective fields in the 2010 edition of Chambers USA: America's Leading Lawyers for Business.
Larkin Hoffman Congratulates 12 Attorneys as 2009 Minnesota Law & Politics Super Lawyers
Larkin Hoffman is pleased to announce that Dan Ballintine, Ken Corey-Edstrom, Peter Coyle, Joe Fittante, Chris Harristhal, Frank Harvey, Chuck Modell, Dayle Nolan, Jim Quinn, Tim Stoltman, James Susag and Gary Van Cleve have been named as Super Lawyers® by Minnesota Law & Politics magazine.
Fittante Nominated for ABA Forum on Franchising Government Committee
The ABA Forum on Franchising Nominating Committee has nominated Joe Fittante for a position on the Governing Committee.
Three Larkin Hoffman Attorneys Recognized by Chambers USA: America's Leading Lawyers for Business
Three Larkin Hoffman attorneys have been ranked by their clients and peers as leaders in their respective fields in the 2009 edition of Chambers USA: America's Leading Lawyers for Business.
Larkin Hoffman Congratulates 13 Attorneys as 2008 Minnesota Law & Politics Super Lawyers
Thirteen Larkin Hoffman shareholders are added to the 2008 Minnesota Law & Politics Super Lawyers list.
Larkin Hoffman Congratulates 14 Super Lawyers
Fourteen Larkin Hoffman shareholders are named 2006 Super Lawyers by Minnesota Law & Politics magazine.
Fittante Elected Larkin Hoffman Shareholder
Joseph J. Fittante, Jr. was elected a shareholder at the most recent Larkin Hoffman Shareholder’s meeting.
Modell Coordinates ABA Franchise Forum
Larkin Hoffman attorneys helped coordinate the 2004 ABA Franchise Forum, which was attended by more than 650 lawyers.
Successfully Franchising Your Business; Is Your Business The Next McDonalds?
Larkin Hoffman's Franchise & Distribution Group discussed what it takes to franchise successfully on Thursday, April 21, 2011.
Fittante and Modell Present at the 33rd Annual ABA Forum on Franchising
Chuck Modell and Joe Fittante presented at the 33rd Annual ABA Forum on Franchising on Oct. 13-15, 2010. Modell presented on "Advanced Disclosure Issues: Pushing the Envelope," and Fittante presented on unique and often overlooked provisions of state franchise registration and disclosure laws. Fittante is a member of the ABA Forum on Franchising Governing Committee.
Fittante to Present on Franchise Registration and Disclosure
Joe Fittante will be co-presenting at the Minnesota CLE Franchise Law Series: "Look Before You Leap – Navigating the Franchise Disclosure and Registration Maze" on May 14, 2010.
Fittante Presents on "The Accidental Franchise" at Minnesota CLE
Joe Fittante presented on "The Accidental Franchise" at a continuing legal education seminar hosted by Minnesota CLE.
Three Larkin Hoffman Franchise Attorneys Participate in the IFA 49th Annual Convention
Joseph Fittante, Jr., Charles Modell and Andrew Perrin had active roles in the success of the International Franchise Association's 49th Annual Convention held in San Diego, California from February 14-17, 2009.
Fittante Plans Annual Forum on Franchising
Joseph Fittante selected as program co-chair for the 31st Annual American Bar Association Forum on Franchising.
Fittante, Klaus and Modell Speak at the International Franchise Legal Symposium
Joe Fittante, Cyndi Klaus and Chuck Modell Speak at the International Franchise Legal Symposium
Counseling the Start-Up Franchisor
Joe Fittante will be part of the faculty presenting "Counseling the Start-Up Franchisor" a webinar for the American Bar Association's Forum on Franchising Wednesday, April 5.
Larkin Hoffman Franchise Attorneys Attend 46th Annual IFA Convention
Modell, Perrin and Fittante attend the International Franchise Association where Perrin was elected as Second Vice Chair of the Supplier Forum Advisory Board in Palm Springs, California in February, 2006.
Larkin Hoffman Franchise Attorneys Prepare for the Forum on Franchising
Larkin Hoffman franchise attorneys will present at the 28th Annual ABA Forum on Franchising held in Orlando, Florida on October 19-21, 2005.
Larkin Hoffman Co-Sponsors IFA Quarterly Meeting featuring Congressman Mark Kennedy
The Larkin Hoffman Franchise group co-sponsored the International Franchise Association's Quarterly Meeting featuring Congressman Mark Kennedy at the Minneapolis Club.
Larkin Hoffman Attorneys Speak at IFA Legal Symposium
Chuck Modell and Joe Fittante, shareholders at Larkin Hoffman, will speak at the 38th Annual International Franchise Association Legal Symposium, May 8-10 in Washington, D.C.
Three Larkin Hoffman Franchise Attorneys Participate in the IFA 45th Annual Convention
Larkin Hoffman franchise attorneys Chuck Modell, Andrew Perrin and Joe Fittante attended the 45th Annual IFA Convention held March 6-9, 2005 in Hollywood, Florida.





