Harold L. Kestenbaum – Of Counsel

Harold L. Kestenbaum, Of Counsel to Ruskin Moscou Faltischek, is engaged exclusively in the practice of franchise distribution and licensing law, representing franchisors, both start-up and established.  He is chair of the Distribution & Licensing Practice Group and a member of the Corporate & Securities Department.

Mr. Kestenbaum has concentrated his practice in franchise law and other matters relating to franchising since 1977. From May 1982 until September 1986, Mr. Kestenbaum served as franchise and general counsel to Sbarro, Inc., the national franchisor of over 1,000 family-style Italian restaurants and was a director from March 1985 to December 2005.  In addition, he currently sits on the Boards of Directors of YTB International, Inc., Ultimate Franchise Systems, Desert Moon Café Franchise Corp., and GarageTek, Inc.  From September 1983 to October 1989, he co-founded and served as President and Chairman of the Board of Franchise-It Corporation, the first publicly traded company specializing in providing franchise marketing and consulting services and equity financing to emerging franchise companies.

Mr. Kestenbaum is or has been franchise counsel to many regional, national and international franchise companies in many diverse industries. Mr. Kestenbaum’s expertise in franchise law is enhanced by his practical experience in serving as the Chief Executive Officer of a national franchisor and in serving as a Director of six nationally and internationally known franchisors, experiences that are rare and unique in the area of franchise law.

Mr. Kestenbaum is a member of the American Bar Association’s Antitrust Section, has been a member of the Antitrust Section’s Forum Committee on Franchising since 1978, is a member of the Subcommittee on Franchising of the American Bar Association’s Corporation Banking and Business Law Section, and is a founding member and the current Chairman of the New York State Bar Association’s Franchise, Distribution and Licensing Law Section. He currently serves as Chairman for its Education and Seminar Subcommittee and chaired a statewide seminar program for New York State attorneys in 1997, 2000, 2002, 2004 and 2005, and has chaired seminars on Franchise Law for the Nassau and Suffolk County Bar Associations. He also sits on the advisory board of the International Franchise Association’s Supplier Forum. 

Mr. Kestenbaum has published many articles related to franchising and frequently lectures and appears before organizations and law schools speaking on franchising.  He has been chosen one of the top 100 franchise attorneys in North America by Franchise Times in 2004, 2005, 2006 and 2007 and was named one of the three best franchise attorneys in the New York metro area by New York Magazine for 2005 and 2006. He has appeared on two International Franchise Association Legal Symposium panels, in 2001 and in 2004. He also participates in the IFA Speakers Bureau and has spoken on its behalf, and has been a facilitator at five IFA Convention Roundtables. He has attended over 25 ABA Forum Committee annual programs since 1978 and over 30 IFA Legal Symposia and is currently writing a book on how to franchise your business for the entrepreneur.

He is listed in “Who’s Who in American Law”, “The Best Lawyers in America” (Franchising), and is on the Martindale-Hubbell Bar Register of Preeminent Lawyers.

Publications
Mr. Kestenbaum has written two articles for the ABA Forum Committee, one appearing in the Franchise Law Journal and the other appearing in the Franchise Lawyer.

Firm Overview

Founded in 1968, Ruskin Moscou Faltischek has emerged the preeminent Long Island law firm. As specialized as we are diverse, we have built cornerstone groups in all of the major practice areas of law and service a diverse and sophisticated clientele. With more than 60 attorneys, superior knowledge of the law, polished business acumen and proven credentials, Ruskin Moscou Faltischek has earned a reputation for excellence and success. It is this ongoing achievement that makes us an acknowledged leader among our peers and the preferred choice among business leaders.

The strength of Ruskin Moscou Faltischek’s resources greatly enhances what we can accomplish for our clients – to not only solve problems, but to create opportunities. We take pride in going beyond what is expected from most law firms. The invaluable contacts and relationships we have nurtured in the financial, venture capital and business communities heighten our value added services. Our knowledge of technology and business models enables us to guide clients to the next level in their business evolution. Our intellectual capital, multidisciplinary approach, and our ability to navigate through the complexities of each court and administrative forum in which we practice enable us to efficiently and cost effectively provide “Excellence. Period.”

It is commonplace for Ruskin Moscou Faltischek’s attorneys to be actively involved within the communities in which we work and live. This includes lecturing and participating in professional groups and associations, serving on leading corporate, school and government boards, and working in charitable and civic organizations. We value our clients and our communities. Ruskin Moscou Faltischek pledges its continued commitment to both.

Franchise Distribution & Licensing

The most dynamic method of growing a business in today’s economy is known as franchising. Franchising involves the systematic reproduction of an existing business model, offering a uniquely standardized approach to delivering a product or service.

Ruskin Moscou Faltischek’s Franchise, Distribution and Licensing practice group is a national and international leader in the franchise industry. Chaired by Harold L. Kestenbaum, a franchise attorney with over 30 years’ experience, the members of the practice group are available to assist both start-up and established franchisors in all phases of their business. The group handles all regulatory documentation required by the federal government and various state agencies as well as franchise disputes and intellectual property issues. It has deep knowledge of corporate transactions involving the franchisor’s business, including mergers and acquisitions, international franchise matters, real estate issues that affect franchisors and other franchise-related matters.

Our Franchise, Distribution and Licensing attorneys are on the cutting edge of franchise law developments, including the newest changes to the FTC Rule on Franchising, whose regulations are expected have a significant impact on franchising for years to come.

The Franchise, Distribution and Licensing practice at Ruskin Moscou Faltischek is global in nature. The practice group is experienced in handling matters in such diverse countries as Ireland, Saudi Arabia, Dubai, Australia, Canada and Australia.