Brian B. Schnell

Partner

BSchnell@faegre.com
office:612-766-7472
Minneapolis office
2200 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402-3901

Education

University of North Dakota School of Law
J.D., with distinction, Order of the Coif (1987)
Carleton College
B.A., cum laude (1984)

Articles

26-May-2010 - Schnell Speaks to Franchise Magazine Regarding Item 19 of the Franchise Disclosure Document08-December-2009 - Tips to Help Franchisors Prepare for the 2010 Renewal Season05-January-2009 - Franchisors Must Prepare for Pending Introduction of New Top-Level Domains27-August-2008 - Recruiting and Selecting International Franchisees15-May-2008 - Let's Make a Deal: Developing a Successful Franchise Resale Program

News

09-August-2010 - Ninety-Eight Faegre & Benson Lawyers Listed in The Best Lawyers in America14-June-2010 - Faegre & Benson Practices Ranked Nationwide by Chambers, Among Best in Minnesota and Colorado06-April-2010 - Faegre & Benson Franchise Practice Ranked a Worldwide Leader by Chambers Global

Bar Admissions

Minnesota

Events

31-August-2010 - Franchising as a Growth Model for the Next Decade05-August-2010 - Faegre Franchise Summit19-June-2008 - Faegre Franchise Summit

Experience

Brian Schnell focuses his practice in franchising and product distribution law. He is a leader of the Faegre & Benson Franchise Team, a premier international franchise practice representing more than 200 franchisors with headquarters based in 35 states and seven countries.

Brian counsels both emerging and mature franchisors in a variety of industries with regard to all aspects of their franchise programs. He is the lead corporate franchise lawyer for more than 80 franchisors, ranging from companies with thousands of locations worldwide to companies who are in the initial stages of building their franchise systems. These clients operate in dozens of industries including restaurants and related food businesses, hotel, health and fitness, media, automotive aftermarket, pets, convenience stores, children's, and many commercial and residential service and retail segments.

Brian is a past chair of the International Franchise Association (IFA) Supplier Forum and a member of its Legal/Legislative, Awards and Membership committees. He also serves on the board of trustees for the IFA Educational Foundation and the Franchise Advisory Board for WomenVenture. He is a frequent and well-regarded speaker and author on franchising.

The first male to receive the IFA Women's Franchise Committee Crystal Compass, Brian was distinguished for this honor in 2009 based on his leadership in franchising. He also is one of only eighteen franchise lawyers recognized worldwide by Chambers Global.

A highly effective franchise lawyer, Brian combines his legal experience with a passion for, and keen understanding of, franchising to find practical solutions for clients. Like the rest of the Faegre & Benson Franchise Team, he is committed to focusing on what matters and making a difference in working with franchisors on their challenges and opportunities. His experience is based on more than 20 years of working closely with clients—getting to know them and their businesses, goals and objectives. He listens, asks questions, and works hard to find solutions and approaches that work for franchisors. His experience includes:

  • Structuring domestic and international franchise programs—single unit, multi-unit, area director and master franchise
  • International expansion
  • Franchise mergers and acquisitions/due diligence
  • Drafting and registering FDDs and related franchise documents
  • Franchise sales compliance, financial performance representations, lead referral networks
  • Product distribution and vendor programs (including franchisor rebate programs)
  • System expansion/"encroachment"
  • Franchisee advisory councils and independent franchise associations
  • Trademark and brand protection, marketing and advertising
  • National accounts
  • System standards compliance
  • Transfers/assignments
  • Default and termination, post-termination issues

Professional Recognition

  • Crystal Compass, IFA Women's Franchise Committee Leadership Award (first male to receive this award), 2009 
  • The Best Lawyers in America, Franchise Law, 2008–2011
  • Chambers Global Guide, Franchising, 2009
  • Chambers USA: America's Leading Lawyers for Business, Franchising, 2009–2010
  • International Who's Who of Franchise Lawyers, 2003–2009
  • Super Lawyers, Franchise/Dealership, 2003–2009
  • Legal Eagle, Franchise Times, 2003–2009
  • The National Registry of Who's Who

Presentations

  • Supply Chain Management in Today's Economy
    Food, Agriculture & Biofuels 2010 National Conference, Minneapolis (2010)
  • Common Issues Faced by Startup Franchisors
    IFA Annual Convention (2009)
  • Franchising in Today's Economy
    International Franchise Expo (2009)
    Franchise Expo South (2009)
  • Collaborative Means Profitable: Successful Franchisors Discuss Best Practices in Protecting and Evolving the System
    Franchise Finance and Development Conference (2009)
  • Financial Performance Representations: Shield or Sword
    ABA 31st Annual Forum on Franchising (2008)
  • Franchise Sales Compliance
    IFA Franchise Development Seminar (2008)
  • Growth Challenges: How to Overcome Growing Pains and Take Your System to the Next Level
    Franchise Times' Franchise Finance & Development Conference (2008)
  • Working Together to Grow the Brand
    Franchise Update's Multi-Unit Franchising Conference (2008)
  • Demystifying the Challenges of U.S. Franchise Expansion
    Middle East Franchising Expo (2008)
  • The Five Habits of the Highly Successful Franchisor
    Middle East Franchising Expo (2008); Franchise Expo South (2008–2009); West Coast Franchise Expo (2006–2007); Franchising China Conference & Exhibition (2005)  
  • Developing & Implementing an Effective Franchise Sales Program
    IFA ICFE Session (2003–2009), Franchise Update Development & Leadership Conference (2004–2008)
  • It's All About Attitude: How Franchisors & Franchisees Should Relate to Each Other for the Overall Success of the System
    IFA Annual Convention (2008–2009)
  • Top 10 Rules for Franchisors to Reduce Litigation Risks
    Franchise Expo South (2008)
  • Getting from Sold to Open: Issues Faced by Franchise Companies in Onboarding Franchisees
    IFA Legal Symposium (2008)
  • Redesigning Your Franchise Sales and Compliance Programs to Meet the New FTC Disclosure Landscape
    Franchise Expo South (2008)
  • Judicial Update
    IFA Legal Symposium (2007)
  • So You Want to Be a Witness? The Seven Secrets for Avoiding a Trip to the Hot Seat
    Franchise Times' Franchise Finance & Development Conference (2007)
  • Legal Disputes With Franchisees Will Happen
    Nova Southeastern University, International Institute of Franchise Education, CEO Summit (2007)
  • Franchise Sales for the New and/or Emerging Franchisor
    IFA Annual Convention (2007)
  • Lawyers Are Not a Necessary Evil
    Nova Southeastern University, International Institute of Franchise Education, Emerging Franchisor Conference (2006)
  • A Franchisor's Brand and Its Brand Promise: The Importance of Undying Devotion to the Brand
    IFA Annual Convention (2006)
  • The Pro and Cons of Defranchising
    ABA 29th Annual Forum on Franchising (2006)
  • Enforcing System Standards
    IFA Legal Symposium (2005)
  • Lead Referral Networks: Solutions & Challenges in Creating the Big Win
    IFA Annual Convention (2005)
  • Buying and Selling Company-Owned Units
    ABA 27th Annual Forum on Franchising (2004)
  • Building Your Brand for High-Impact Sales
    IFA Annual Convention (2004)

Publications

  • Financial Performance Representations—The New and Updated Earnings Claims
    Co-author, ABA Forum on Franchising (2008)
  • Communication Rules to Help Your Company Avoid Litigation
    Minneapolis St. Paul Business Journal (2008)
  • Let's Make a Deal: Franchise Resale Programs
    Franchise Law Journal (2008)
  • The Practical Impact of the Judicial Update
    Franchising World (2007)
  • Recruiting Top Quality Franchisees With An Effective Sales System
    ICFE Study Guide (2007)
  • How U.S. Laws Regulate Franchising
    ICFE Study Guide (2007)
  • China: The Land of Franchise Opportunity, but Proceed with Caution
    Bloomberg Corporate Law Journal (2006)
  • Five Habits of the Highly Successful Franchisor
    Asiawide Franchise and Business Opportunities (2006)
  • The Ten Commandments of Franchise Sales
    Franchising World (2004)
  • Demystifying the Legal Challenges of U.S. Franchise Expansion
    The Corporate Lawyer & Advisor, Vol. 1, No. 1 (2004)
  • Franchise Lead Referral Sources (aka Franchise Brokers): A Little Common Sense Goes a Long Way
    Franchise Update (2003)

Related Practices

Antitrust and Trade Regulation
International Transactions

Related Industries

Food, Agriculture and Biofuels
Franchise and Distribution

Education

University of North Dakota School of Law
J.D., with distinction, Order of the Coif (1987)
Carleton College
B.A., cum laude (1984)

Articles

26-May-2010 - Schnell Speaks to Franchise Magazine Regarding Item 19 of the Franchise Disclosure Document
08-December-2009 - Tips to Help Franchisors Prepare for the 2010 Renewal Season
05-January-2009 - Franchisors Must Prepare for Pending Introduction of New Top-Level Domains
27-August-2008 - Recruiting and Selecting International Franchisees
15-May-2008 - Let's Make a Deal: Developing a Successful Franchise Resale Program
01-June-2007 - Faegre & Benson’s Top 10 Rules For Franchisors to Reduce Litigation Risks
19-February-2007 - FTC Approves Amended Franchise Rule
02-October-2006 - Franchisor Focus: Radisson Hotels International

News

09-August-2010 - Ninety-Eight Faegre & Benson Lawyers Listed in The Best Lawyers in America
14-June-2010 - Faegre & Benson Practices Ranked Nationwide by Chambers, Among Best in Minnesota and Colorado
06-April-2010 - Faegre & Benson Franchise Practice Ranked a Worldwide Leader by Chambers Global
03-August-2009 - Faegre & Benson Attorneys Named to Minnesota Super Lawyers List
31-July-2009 - 100 Faegre & Benson Lawyers Listed in The Best Lawyers in America
12-June-2009 - Faegre & Benson Receives Top Chambers Rankings, National Franchise Practice Moves Up
01-October-2008 - The Best Lawyers in America 2009 Includes 94 from Faegre & Benson
14-August-2008 - Faegre & Benson Attorneys Named to Super Lawyers in Minnesota
14-May-2008 - Schnell to Present at Franchise Exhibition in Dubai
31-March-2008 - The Best Lawyers in America 2008 Includes 80 from Faegre & Benson
04-March-2008 - Faegre & Benson Attorneys Earn Recognition by Chambers USA

Bar Admissions

Minnesota

Events

31-August-2010 - Franchising as a Growth Model for the Next Decade
05-August-2010 - Faegre Franchise Summit
19-June-2008 - Faegre Franchise Summit
16-November-2007 - Faegre Franchise Summit
17-May-2007 - Faegre Franchise Summit