Two recent happenings, totally unconnected, have provided a measuring rod for franchise law’s development. The first is the recent passing of Alex Konigsberg. The second relates to the decision handed down by the Supreme Court of Nebraska in State v.Orr.1
Mr. Konigsberg was a member of the first generation of franchise lawyers. For most of his career, he practiced with the Montreal law firm of LaPointe Rosenstein until his recent passing at the age of 72 and, to my knowledge, he was the first franchise lawyer in Canada. While an expert in the franchise laws of his country, he was also knowledgeable in our franchise laws. His greatest claim to fame, and his legacy, is his book, “International Franchising,”2 which many of us who practice in the area of international franchising consider the bible for structuring international deals. Alex was practicing franchise law while my generation of Johnny-come-lately franchise lawyers (Michigan Class of ’73) were still learning the basics of contract law, civil procedure, and the like in the halls of academia. We will miss Alex, but his memory will indeed live on through his writings.
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