David T. Azrin
David T. Azrin represents clients in business law matters, including intellectual property, franchising, employment law, and commercial litigation matters.
Mr. Azrin assists businesses in protecting and developing their brands, through trademark and copyright registrations, infringement actions, and licensing agreements. He also assists companies in expanding their business through franchising and other distribution arrangements and counseling on corporate structure, employment arrangements, and independent contractor arrangements. Mr. Azrin represents businesses in commercial disputes, through trial and appeal.
In the area of intellectual property, Mr. Azrin assists clients in registering trademarks and copyrights, litigating trademark and copyright infringement claims, and handling domain name disputes. Mr. Azrin is currently co-chair of the Intellectual Property Litigation Committee newsletter of the Litigation Section of the American Bar Association.
In the area of employment law, Mr. Azrin handles matters involving wrongful termination; race, age, sex, and disability discrimination; retaliation; whistleblowers; overtime wages; medical leave; unpaid wages; employee handbooks; employment contracts; severance agreements; non-compete agreements; confidentiality agreements; and trade secrets.
In the area of franchising, distribution, and licensing, Mr. Azrin represents start-up and established franchisors, manufacturers, distributors, and master franchisors, as well as franchisees. With respect to franchisors, Mr. Azrin assists start-up franchisors with preparing their franchise agreements and Franchise Disclosure Documents, complying with state registration requirements, preparing and negotiating master franchise agreements, registering and defending trademarks, and resolving disputes with franchisees. With respect to franchisees, Mr. Azrin helps franchisees negotiate franchise agreements, negotiate lease agreements, form corporations, prepare shareholders agreements, purchase existing franchises, and resolve disputes with franchisors.
Mr. Azrin has received the highest AV rating by the peer review Martindale-Hubbell.
For many consecutive years, Franchise Times has honored Mr. Azrin as a “Legal Eagle." Legal Eagles are the top 125 lawyers in franchising, as nominated by their peers and as determined by a Franchise Times editorial panel.
Mr. Azrin is annually selected as one of U.S. News & World Report's Best Lawyers in America and as a New York Metro Super Lawyer in the area of franchising and distribution law.
Published Works and Presentations
- Booking.com Court Decision: Consumer Protection is "Key" in Trademark Law, July 2020
- Franchise Disclosure Document Gets a New Look, July 2019
- Social Media Accounts Provide a New Twist in the Law Governing the Right to Use Photographs, March 2020
- Common Trademark Issues Facing New Businesses, March 2017
- Common Copyright Issues Facing New Businesses, October 2017
- New York Wage Law Update | Winter 2015 Newsletter
- Updating Franchise Disclosure Documents | Summer 2015 Newsletter
- New York Wage Law Update | Winter 2014 Newsletter
- Trademark Protection in the Age of Expanding Internet Domain Names | Fall 2014 Newsletter
- Increasing Efforts to Impose Employment Law Liability on Franchisors | Fall 2014 Newsletter
- New Franchise Rules Require Separate Disclosure Documents for Area Representative Agreements | Fall 2014 Newsletter
- Tips and Reminders for Employers | Summer 2014 Newsletter
- Franchise Law Update - New Regulations and Recent Court Decisions Affecting Franchising | Winter 2012 Newsletter
- Trademarks - The Importance of Registering and Policing Your Brand | Fall 2012 Newsletter
- Three Commonly Asked Wage and Hour Law Questions | Spring 2012 Newsletter
- New Law Requires Employers to Give Annual Pay Notice to All Employees Starting January 2012 | Fall 2011 Newsletter
- “Employment Law Seminar,” February 2011, New York City Small Business Solutions.
- “Setting Minimum Resale Prices - Don’t Even Think About It,” Gallet Dreyer & Berkey LLP Newsletter, Summer, 2010.
- “Employment Law Changes for 2010,” Gallet Dreyer & Berkey LLP Newsletter, Spring 2010.
- “Franchising in the United States - Where to Start,” Featured Article, Franspeak, World Franchise News, April, 2010.
- “Franchisors: What You Need To Know About Complying With The New FTC Franchise Rule For Franchise Documents,” Webinar Seminar, May 7, 2008, sponsored by FranchiseHelp.
- “Proposed Changes to the FTC's Franchise Rule,” IFA Franchise Business Network Meeting, New York, New York, February 8, 2005.
- “Refranchising Company Operated Units,” Moderator, Business Roundtable, IFA Annual Convention, Las Vegas, Nevada, March, 2004.
- “Avoiding Misunderstandings When Using a Subsidiary to Limit Potential Liability,” Franchising World, January 2003.
- “Expanding Your Business? Consider franchising.” Westchester County Business Journal, January 13, 2002.
- “Federal Court Review of Arbitrary State Court Decisions,” Michigan Law Review, Volume 86, No. 8, August 1988.
Professional Associations & Memberships
- American Bar Association
- Westchester County Bar Association
- New York County Lawyers Association
- ABA Forum on Franchising
- International Trademark Association
- University of Michigan Law School, Ann Arbor, Michigan, J.D. 1988 Law Review, Note Editor, University of Michigan Law Review, 1986-1988
- Stanford University, Palo Alto, California, 1985 Major: Economics, with Honors Major: Political Science, with Distinction Honors: Phi Beta Kappa, Omicron Delta Epsilon
- Florida, 1988
- New York, 1999
- New Jersey, 2000
- U.S. District Court, Southern District of Florida, 1988
- U.S. District Court, Middle District of Florida, 1990
- U.S. District Court, Southern District of New York, 2001
- U.S. District Court, Eastern District of New York, 2002
- U.S. Court of Appeals, Eleventh Circuit, 1990
- U.S. Court of Appeals, Ninth Circuit, 2003
- U.S. Court of Appeals, Second Circuit, 2005
- U.S. Supreme Court, 1993