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Max J. Schott, II

For more than 25 years, Max has practiced primarily in the area of franchise and distribution law, counseling clients ranging from startups to nationally recognized franchisors with multiple brands. Max assists clients in structuring their domestic and international franchise programs. He also advises clients on issues of disclosure and registration, relationship matters, supply chain maintenance, advertising, licensing, and acquisitions.

Clients value Max’s practical insight and problem-solving acumen, rooted in both his extensive legal experience and a deep understanding of the unique business realities facing his clients. Max also frequently writes and speaks on franchise-related topics, and is the former Editor-in-Chief of The Franchise Lawyer. Max was awarded the Certified Franchise Executive™ designation by the International Franchise Association.

Representative Experience

  • Working with franchisors to prepare and update franchise disclosure documents, and file and maintain all related state registrations.
  • Strategizing and consulting with franchisors to prepare meaningful financial performance representations.
  • Negotiating and preparing agreements on behalf of franchisors and distributors, including franchise agreements, development agreements, area representative agreements, distribution agreements, test agreements, management agreements, confidentiality and noncompete agreements, licensing agreements, advertising agreements and supply chain agreements.
  • Assisting clients with conversion from a license model to a franchise model, and addressing potential “accidental franchise” issues.
  • Structuring distribution systems to avoid application of franchise and business opportunity laws
  • Assisting franchisors in the acquisition or sale of franchise systems, or the reacquisition of rights from existing franchisees.
  • Negotiating and preparing international agreements for franchisors and distributors.

Court Memberships

  • Minnesota
  • U.S. District Court for the District of Minnesota

Honors

  • Awarded Certified Franchise Executive™, International Franchise Association
  • Chambers USA: America's Leading Lawyers for Business, Franchise, 2011–2020
  • “Legal Eagle,” Franchise Times, 2007–2019
  • “Legal Eagles Hall of Fame,” Franchise Times
  • The International Who’s Who of Franchise Lawyers, 2011–2019
  • “North Star Lawyers,” Minnesota State Bar Association, 2012, 2014–2018
  • “Rising Star,” Law and Politics, 2001–2002, 2005–2006
  • The Best Lawyers in America©, 2016–2019

Professional Affiliations

  • American Bar Association, Forum on Franchising;
    • Former Editor-in-Chief, The Franchise Lawyer
  • International Franchise Association;
    • Member of Legal/Legislative Committee
  • Minnesota State Bar Association
  • Hennepin County Bar Association

Community Involvement

  • The Advocates For Human Rights, board member 2010-2018, member of Development Committee, longtime volunteer attorney

Publications

Presentations

  • “Basics Track: Registration and Disclosure,” co-presenter, IFA’s 52nd Annual Legal Symposium, JW Marriott, Washington, D.C., May 2019
  • “10 Commandments of Franchise Sales,” co-speaker, IFA’s Franchise Expo West, Los Angeles Convention Center, November 2018; IFA’s Franchise Expo South, Dallas, TX, January 2017 and Houston, TX, February 2016, Los Angeles, November 2018
  • “Show Me the Money: Practical Advice for Crafting and Using Financial Performance Representations (FPRs),” co-speaker, IFA’s Franchise Expo West, Los Angeles Convention Center, November 2018
  • “Franchise 2.0: Tools for Taking Your Franchise Model to the Next Level,” co-speaker, IFA’s Franchise Expo South, Dallas, TX, January 2017 and Houston, TX, February 2016
  • “Advanced Drafting of Financial Performance Representations: A Reasonable Basis,” co-presenter, ABA’s 39th Annual Forum on Franchising, co-speaker, Fontainebleau Hotel, Miami Beach, November 2016
  • “Selecting the Best Franchise Structure for Domestic and International Expansion,” co-speaker, International Franchise Exposition, New York, NY, June 2014, June 19, 2015
  • International Franchise Expo 2015, June 18, 2015
  • “Strategies for Franchising into the U.S. Market,” International Franchise Exposition, New York, NY, June 18, 2015
  • “Structuring a Franchise Network,” co-presenter, IFA’s 48th Annual Legal Symposium, Chicago Marriott Downtown Magnificent Mile, May 2015
  • “Franchise 2.0: Tools for Taking Your Franchise Model to the Next Level,” IFA Franchise Expo South, February 24, 2015
  • “Financial Performance Representations: If Not Now, When?,” co-facilitator, IFA 55th Annual Convention, Las Vegas, Nevada, February 17, 2015
  • “10 Commandments of Franchise Sales,” co-speaker, IFA’s IFE, Javits Center, June 2012-2014; IFA’s WCFE, L.A. Convention Center, November 2010-2011, Anaheim Convention Center, October 2013, IFA Franchise Expo South, February 6, 2015
  • Franchise Expo South 2015, February 5, 2015
  • International Franchise Expo 2014, June 19, 2014
  • “Taking Your Franchise System to the Next Level,” co-speaker, IFA’s IFE, Javits Center, June 2012 and 2013; IFA’s West Coast Franchise Expo (WCFE), L.A. Convention Center, November 2011 and 2010, Anaheim Convention Center, October 2013
  • International Franchise Expo 2013, June 19, 2013
  • “Structuring the Franchise Relationship,” Fundamentals of Franchising Intensive Program, ABA’s 35th Annual Forum on Franchising, co-speaker, JW Marriott, Los Angeles, California, October 2012
  • “Fundamentals 201: Starting a Franchise System: Practical Considerations, Planning and Development,” ABA’s 33rd Annual Forum on Franchising, co-speaker, The Hotel Del Coronado, San Diego, California, October 2010
  • “Establishing a Game Plan for Successful Unit Franchise Sales—The Key to Master Franchisee Success,” co-speaker, IFA’S IFE, Washington Convention Center, April 2010
  • “Inside the Deal: Avoiding Critical Mistakes in Negotiating a Master Franchise,” IFA’S IFE, cospeaker, Washington Convention Center, April 2009 and 2010
  • “Beyond Single Unit Franchising: Expanding Franchise Systems Through Multiple Unit and Third Party Arrangements,” co-speaker, IFA’s Franchise Expo South, Miami Beach Convention Center, January 2010 and 2008; IFA’s WCFE, L.A. Convention Center, January 21, 2010
  • “Revitalizing Your Franchise System: Proactive Use of the Franchise Resale Process to Improve the Health of Your System,” co-speaker, IFA’s FES, Miami Beach Convention Center, January 2009 and 2010
  • “Is Your Franchise Sales Compliance Program Up to Date: Best Practices in the Post-Amendment World,” panel moderator, 49th IFA Annual Convention, Manchester Grand Hyatt, San Diego, California, February 2009

Press releases

Photo of Max J. Schott, II
  • Minneapolis

    80 South Eighth Street
    500 IDS Center
    Minneapolis, MN 55402
F: 612.632.4327

Assistant

Jayme D'Heilly
612.632.3053
Email

Education

University of Iowa College of Law, J.D., with distinction, 1993

Grinnell College, B.A.