December 8, 1998, at Miller, Canfield, Paddock, and Stone in Detroit

In attendance were: J. Forrest, H. Iwrey, M. Boonstra, S. Raymond, J. Deline, and R. Kalisher (by phone).

Approval of Minutes

The minutes for the November 3, 1998, Council Meeting were approved without amendment.

Treasurer’s Report

• Monthly Income
  $5,750.00
• Monthly Expenses
  $1.12
• Monthly Net Income
  $5,748.88
• Year to Date Income
  $7,625.00
• Year to Date Expenses
  $1.12
• Year-to-Date Net Section Income
  $12,438.90
• Net Section Balance
  $17,688.04

Because it was felt that the information provided by the State Bar allowed for some confusion as to the Section’s balance, Mr. Forrest offered to follow up with D. Gravelyn to obtain clarification.

The report was approved.

Committee Reports

• Franchise Committee
  Mr. Forrest reported that he was working with Sally Foley on a planned mini-seminar. Ms. Foley would be in contact with Paul Novak of the Michigan Attorney General’s office regarding an appearance on February 2, 9, 11, or 18, 1999. It was agreed that upon the confirmation of a date, other speakers would be arranged. The Council also agreed to approach Jennifer Granholm, incoming Michigan Attorney General, about speaking at this or a subsequent seminar. Mr. Iwrey volunteered to approach Ms. Granholm through one of his partners.

  It is anticipated that the February seminar will include a franchise law update concerning Michigan and federal law, a recent change in Illinois law, and a presentation by a Canadian attorney regarding a possible new Canadian disclosure law. At Mr. Kalisher’s suggestion, another update topic is the possible re-introduction into the next Congress of the Small Business Franchise Act. Other possible speakers include a representative of the FTC or NASA. By the next Council meeting, it is expected that speakers will have been arranged for the seminar.

  The seminar will take place at the Troy Marriott. It was agreed that notice would be provided to all section members, and that additional publicity should be made to industry representatives through Crain’s and via a list of franchisors maintained by Crain’s, through our section website; via an IFA meeting; and through contact with national franchisee organizations and their newsletters and Michigan franchisee lists. Discussion also ensued regarding the creation of a directory of Michigan franchisors.

• Newsletter Committee
  Mr. Deline agreed to speak with J. Swanson regarding the status of the newsletter. Mr. Forrest requested that a councilmember step forward to help out with the newsletter or to take over responsibility for it at such time as Ms. Swanson may wish. Mr. Forrest indicated that he had agreed to provide an article for the next newsletter, and Mr. Iwrey agreed to supply an article concerning a health care case.
• Legislative Committee
  No report. Mr. Forrest requested that someone agree to provide assistance regarding, or to take over from E. Bladen responsibility for, the legislative committee. He requested that everyone keep an eye out for new legislation of interest to the section.
• Education and Seminars Committee
  In addition to the discussion concerning the February franchise mini-seminar, discussion ensued regarding additional mini-seminars and the annual meeting seminar. H. Iwrey and J. Deline agreed to consider topics and speakers for an early summer mini-seminar. A possible speaker would be Jennifer Granholm. Ideas for other topics and speakers are welcome. Discussion ensued regarding having D. Gravelyn contact the Business Law Section to determine whether it is interested in again conducting a joint annual meeting seminar.

Old Business

None. Mr. Forrest indicated that he would provide to D. Gravelyn the name of a contact person for the Section’s Access to Justice donation.

New Business

None.

State Bar Communications

Mr. Forrest indicated that he had received a letter from the Section’s State Bar liaison, L. Buffington, requesting a written report by January 6, 1998, concerning the Section’s activities. Mr. Boonstra noted that Mr. Buffington is included as an e-mail recipient of our Council minutes.

Mr. Forrest indicated that he also had received an invitation to the January 28, 1999, legislative briefing session (rescheduled from November 1998) in Lansing, if anyone is interested in attending. Similarly, he received an invitation to the December 10, 1998, meeting of the Annual Meeting Coordinating Committee. Anyone interested in attending should contact Mr. Forrest.

Next Meeting

The next meeting of the council is scheduled for Tuesday, January 5, 1999, at the Detroit office of Kerr, Russell.

Adjournment

The meeting was adjourned at 1:30 p.m.

Respectfully submitted,
Mark T. Boonstra
Secretary