About

BIOGRAPHY OF HAROLD L. KESTENBAUM

I am an attorney who has specialized in franchise law and other matters relating to franchising since 1977. From May 1982 until September 1986, I 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 2006. From September 1983 to October 1989, I served as President and Chairman of the Board of FranchiseIt Corporation, the first publicly traded company specializing in providing franchise marketing and consulting services and equity financing to emerging franchise companies, which he co-founded. I have authored the first book dedicated to the entrepreneur who wants to franchise his/her business called “So You Want To Franchise Your Business”. It is a step-by-step guide to what a businessperson needs to know and do to properly roll out a franchise program.

I have served as franchise counsel to many regional, national and international franchise companies in many diverse industries. Here is a sampling of some of those companies:

Sbarro – The Italian Eatery, Five Guys Burgers and Fries, Boulder Creek Steaks & Saloon, Nathan’s Famous, 1-800 Flowers and its subsidiary, Fannie May Candies, Bagel Boss, Manhattan Bagel, Bobby Flay’s Burger Palace, Taffer’s Tavern, The Original Brooklyn Water Bagels, The Halal Guys, Artichoke Pizza, Rocky Mountain Chocolate Factory, Dixie Cream Dream Donuts, Hot & Crusty Bakery, Sylvia’s Soul Food Restaurant, Arthur Treacher’s Fish & Chips, Blo Blow Dry Bar, JRECK Subs, Austin Grill, Sedutto Ice Cream, Yogen Fruz, Freshii, Greek Express, Original Ray’s Pizza, Ranch*1, Holberton Schools, Clean Image Auto Detailing, Saladworks, Woofie’s Dog Walking, Leader of the Pack, Tax Dr., Island Fin Poke, CoolBrands International (Tropicana Smoothie’s, Swensen’s, Bresler’s, I Can’t Believe It’s Yogurt and Golden Swirl), Curry Up Now, Camille’s Sidewalk Café, Serafina Restaurants, Arooga’s Grill, Lemon Tree, Los Taxes, The HomeMag, King Bear Auto Service

Centers, GarageTek, Travel Network, Herman’s World of Sports, Dashing Diva, DCAP Insurance, ATC Healthcare, Carebuilders At Home, Tommy’s Car Wash, Alignlife Systems, Teeth Tomorrow, XpressSpa, Golden Heart Senior Care, Changes Home Care, HealthAtLast, Re-Bath, i9 Sports, Lucille Roberts, Atomic Wings, Bareburger, Butler’s Chocolates, Hand And Stone Spas, Sea Tow Services International, Forever Yogurt, Chocolate Works, Tapioca Express, Extreme Pizza Honest-1 Auto Care, Miami Subs, Mooyah Burgers, Planet Wings, 16 Handles Yogurt, Rock & Brews, Gyro Shack, Glaze Teriyaki, CRAVE Hot Dogs, Brooklyn Dumplings, Melt Shop, Big Daddy’s, Board and Brush, Koala Center For Sleep Disorders, Mr. Sandless, Museum of Illusions, The Taco Maker, Green Market Café, Skinny Pizza, Snowdays, Squisito’s Pizza and Pasta, Boardwalk Burgers and Fries, Rachel’s Kitchen, Garage Living, The Counter, Creative Playthings, Maki of Japan, City Wok, Moby Dick House of Kebab, Adam and Eve, Cody’s Steakhouse, Duff’s Famous Wings, Sky Zone, Launch Trampoline Park, Funtopia, Knockout Hair Cuts for Men, Sharkey’s Hair Cuts for Kids, Jiffy Junk, Peterbrooke Chocolatier, Cali Love, Zpizza, Black Rifle Coffee, Parisi Speed School, CKO Kickboxing, Nothing Bundt Cakes, Burger Hut, , Little Greek, West Shore Pizza, Popbar, Famous Toastery, Tommy Pastrami Deli, Newks Restaurant, Tippi Toes, Gold Medal Gymnastics, Men’s Hair House, Instinct Dog Training, SoldierFit, Salsa Fresca, Wet Willie’s, Uni Wax Natural Wax Studio, Paymore, Mosquito Shield, The Tutoring Center, Rapid Realty, Acai Express, Baya Bar, Playa Bowls, Ike’s Love and Sandwiches, Russo’s New York Pizzeria, Papaya King, College Hunks Hauling Junk, GLO30, Beauty Labs, Natural Life Franchise, and Cobblestone Hotels.

My expertise in franchise law is enhanced by my practical experience in serving as the Chief Executive Officer of a national franchisor and in serving as a director of numerous nationally and internationally known franchisors, experiences that are rare and unique in the area of franchise law.

During the 47 years that I have been representing franchisors, many have gone on to be wildly successful. For example, one client that started from scratch with me, sold out to a private equity company for $35,000,000; another sold out to a private equity company for $30,000,000, also having started with me from scratch; another client just did an IPO and raised $45,000,000; one

client has sold over 150 franchises in less than two years, also starting with me; and another has sold over 1,000 units, also starting with me, and most recently, a QSR client sold to a private equity firm for over $30,000,000, not to mention Sbarro and their 950 locations. My track record clearly speaks for itself.

In May of 2019, I merged his successful law practice with the Philadelphia law firm, Spadea Lignana, another franchise boutique firm. I am now Of Counsel to the firm, and they will continue to handle the traditional regulatory needs of franchisors such as FDD updates and state registrations

I was also named the #1 franchise attorney in America in 2022.

I am a member of the American Bar Association’s Antitrust Section, a member of the Antitrust Section’s Forum Committee on Franchising since 1978, a member of the Subcommittee on Franchising of the American Bar Association’s Corporation Banking and Business Law Section, I am a founding member and past Chairman of the New York State Bar Association’s Franchise, Distribution and Licensing Law Section, and I currently serves as Chairman for its Education and Seminar Subcommittee (I have chaired a Statewide seminar programs for New York State attorneys in 1997, 2000, 2002, 2004 and 2005 and chaired seminars on Franchise Law for the Nassau and Suffolk County Bar Associations) and I was a member of the International Franchise Association’s Supplier Forum Advisory Board. I have published many articles related to franchising and frequently lectures and appear before numerous organizations and law schools speaking on various topics in franchising. I have been chosen one of the top 100 franchise attorneys in North America by Franchise Times in 2004, 2005, 2006, 2007, 2008, 2009 2010, 2011, 2012, 2013, 2014, 2015 through 2024 and was named to its Hall of Fame. I was named one of the three best franchise attorneys in the New York metro area by New York Magazine for 2005, 2006, 2007, 2008 and 2009, and I was named New York Super Lawyer as one of the Top Attorneys in the New York Metro Area for the years 2007-2018. In addition, I have written two articles for the ABA Forum Committee, one appearing in the Franchise Law Journal and the other appearing in the Franchise Lawyer. I have appeared on two International Franchise Association Legal Symposium panels, in 2001 and in 2004. I also participate in the IFA Speakers Bureau and I have spoken on its behalf and has been a facilitator at ten IFA Convention Roundtables and I am Certified Franchise Executive (CFE). I have attended over 40 ABA Forum Committee annual programs since 1978 and over 30 IFA Legal Symposia. My book, So You Want to Franchise Your Business, is available on Amazon.com.

I am 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.