David J. Kaufmann

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  • Senior Partner
  • Founding Member
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David J. Kaufmann is a founding member and senior partner of New York City's Kaufmann Gildin & Robbins LLP.

David - - partner-in-charge of Kaufmann Gildin's franchise team - - is nationally acclaimed as one of America's foremost franchise lawyers. The United States District Court for the Southern District Court of New York long ago held that "David Kaufmann is unquestionably an expert in franchise law." The New York Times lauds David as "a lawyer in New York who has represented many of the nation's top franchisers". David has been featured in The Best Lawyers in America under the heading "Franchising-New York City" in every edition of that publication. He was named the inaugural "New York Area Franchise Lawyer of the Year" by New York magazine. And Franchise Times inducted David into its "Legal Eagle Hall of Fame" (as an attorney who was dubbed a "Legal Eagle" by that publication each and every year since inception).

David's franchise clients include many of our nation's and the world's largest and most prestigious franchisers including: YUM! Brands, Inc. (Pizza Hut/KFC/Taco Bell); Marriott International, Inc.; Wendy's International, Inc.; Arby's Restaurant Group, Inc.; 7-Eleven, Inc.; InterContinental Hotels Group plc (Holiday Inns/Crowne Plaza/InterContinental Hotels/Hotel Indigo); Enterprise Holdings, Inc. (Enterprise, National and Alamo vehicle rental networks); Wyndham Worldwide Corporation (Wyndham Hotels & Resorts/Ramada Inns/Days Inns/Howard Johnson/Super 8/Travelodge); Weichert Realtors; Jani-King, Inc.; Wok & Roll; Ripley's Attractions, Inc.; Johnny Rockets Group, Inc.; The Museum of Modern Art; and, Luke's Lobster.

As well, David has been asked by many of our nation's leading investment banks, private equity concerns and law firms to assist in their franchise-related acquisitions, securitizations and financings. These include: Goldman Sachs; The Blackstone Group; Trian Partners, L.P.; Castle Harlan; Wellspring Management LLC; Cerberus Capital Management L.P.; Levine Leichtman Capital Partners; Haas Wheat; Friedman Fleischer & Lowe; Paul Weiss Rifkind Wharton & Garrison LLP; Skadden, Arps, Slate, Meagher & Flom; Schulte Roth & Zabel LLP; Debevoise & Plimpton LLP; Milbank, Tweed, Hadley & McCoy LLP; Vinson & Elkins LLP; Simpson Thatcher; and, Fried, Frank, Harris, Shriver & Jacobson.

David authored the New York Franchise Act (New York's franchise statute) while serving as Special Deputy Attorney General; serves as an advisor to the organization of federal and state officials responsible for devising and coordinating franchise regulatory activity nationwide - - the NASAA (North American Securities Administrators Association) Franchise Project Group; served as a member of the Governing Committee of the American Bar Association Franchise Forum; served as Chair of the New York State Bar Association Franchise Law Committee; is the New York Law Journal's Franchise Columnist; authors the Franchise Practice Commentary appearing in McKinney's New York Statutes, which is routinely relied upon by federal and state courts determining franchise disputes involving the New York Franchise Act; and, authored the International Franchise Association's treatise on franchise law, entitled An Introduction to the Law of Franchising.

David holds (and has held since 1988) the highest possible ranking accorded by our nation's leading attorney rating firm, Martindale-Hubbell: "AV Preeminent" ("Highest Possible Peer Review Rating in Legal Ability and Ethical Standards").

David is admitted to practice before the federal and state trial at appellate courts of New York and the United States Supreme Court, and has been admitted pro hac vice in various federal and state courts around the country.

Areas of Practice

  • Franchising
  • Litigation & Appeals
  • Securities Law
  • Contracts
  • Business Organizations
  • Real Estate Law

Bar Admissions

  • New York
  • U.S. Federal Courts
  • U.S. Supreme Court

Education

  • Columbia Law School, New York, New York
    • J.D.
  • State University of New York at Binghamton, Binghamton, New York
    • B.A.
    • Honors: magna cum laude
    • Honors: Phi Beta Kappa

Representative Clients

  • YUM! Brands, Inc.
  • Wendy's International, Inc.
  • Arby's Restaurant Group, Inc.
  • 7-Eleven, Inc.
  • InterContinental Hotels Group plc (Holiday Inns/Crowne Plaza/InterContinental Hotels/Hotel Indigo)
  • Enterprise Holdings, Inc. (Enterprise, National and Alamo vehicle rental networks)
  • Wyndham Worldwide Corporation (Wyndham Hotels & Resorts/Ramada Inns/Days Inns/Howard Johnson/Super 8/Travelodge)
  • Weichert Realtors
  • Jani-King, Inc.
  • Wok & Roll
  • Ripley's Attractions, Inc.
  • The Museum of Modern Art
  • Pizza Hut, Inc.
  • KFC Corporation
  • Taco Bell Corporation
  • Marriott International, Inc.

Honors and Awards

  • The Best Lawyers in America, "Franchising-New York City"
  • "New York Area Franchise Lawyer of the Year", New York Magazine
  • "Legal Eagle Hall of Fame"
  • Martindale-Hubbell: "AV Preeminent" ("Highest Possible Peer Review Rating in Legal Ability and Ethical Standards")

Professional Associations and Memberships

  • NASAA (North American Securities Administrators Association), Franchise Project Group, Advisor
  • American Bar Association Franchise Forum, Member, Governing Committee
  • New York State Bar Association, Chair, Franchise Law Committee

Past Employment Positions

  • Special Deputy Attorney General, State of New York