Kevin P. Hein

Partner

kevin.hein@FaegreBD.com
Direct: +1 303 607 3614
Denver Office
3200 Wells Fargo Center
1700 Lincoln Street

Denver, Colorado 80203-4532

Contact Information


kevin.hein@FaegreBD.com3200 Wells Fargo Center
1700 Lincoln Street
Denver, Colorado 80203-4532
T: +1 303 607 3614
F: +1 303 607 3600

Education

Georgetown University
J.D., cum laude (1994)
Colorado State University
B.S., with distinction (1987)

Bar Admissions

Colorado

Court Admissions

Supreme Court of Colorado U.S. Bankruptcy Court, District of Colorado U.S. District Court for the District of Colorado

Kevin P. Hein

Partner

Kevin Hein focuses his practice in franchising and product distribution law. A partner in the Denver office, he is a leader of the Faegre Baker Daniels franchise team, a premier international franchise practice representing franchisors with headquarters based across the United States and internationally.

Kevin counsels both emerging and mature franchisors in a variety of industries, 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 where franchising plays a key role in the U.S. and global economies.

A highly effective franchise lawyer, Kevin 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 Baker Daniels 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 nearly 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 both business and legal solutions and approaches that work for franchisors.

Kevin's experience includes:

  • Structuring domestic and international in-bound franchise programs—single unit, multi-unit, area director and master franchise
  • 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)
  • Addressing and resolving system expansion and "encroachment" issues
  • 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

Kevin also offers his clients extensive experience in corporate compliance, real estate, bankruptcy issues, mergers & acquisitions, and dispute resolution.  In addition, he has extensive experience and expertise in the following industries:

Restaurants and Food Service – representation of start up and established restaurants, restaurant companies, and food service companies operating in either a franchised or corporate owned environment.  Kevin's extensive experience in the restaurant and food service industries includes advising clients regarding corporate formation, real estate acquisition and development, leasing issues, corporate financing activities, mergers and acquisitions, dispute resolution,  general corporate matters, and franchise relationship issues.

Health Care and Wellness – representation of established and emerging companies offering franchising and licensing opportunities in the health care and wellness industries. Kevin works closely with the attorneys in the firm's health care practice group to ensure that franchise systems and licensing programs offered in the health care and wellness space are structure to comply with federal and state laws regarding corporate practice of medicine, fee splitting, Stark and physician self-referral regulations, HIPAA compliance, and other health care related compliance issues.  Kevin also provides advice and counsel regarding corporate formation and compliance, financing, mergers and acquisitions,  dispute resolution, real estate matters, and franchise relationship issues.

Retail – representation of companies offering products and services through retail establishments.  Kevin's extensive experience in the retail industry includes advising companies regarding corporate formation and structuring, real estate leasing, acquisition and development, financing activities, mergers and acquisitions, dispute resolution, and franchise relationship issues.

Petroleum – representation of companies selling petroleum products through retail locations.  Kevin's experience includes counseling regarding state and federal franchise law compliance, compliance with the Petroleum Marketing Practices Act, and state petroleum dealership issues.  Kevin also provides advice and counsel regarding corporate formation and compliance, financing, mergers and acquisitions, dispute resolution, real estate matters, and franchise relationship issues.  Kevin worked on the business side of the retail petroleum industry for four years prior to attending law school.

Honors

  • Chambers USA: America's Leading Lawyers for Business — Franchising, 2011
  • The Best Lawyers in America — Franchise Law, 2007–12
  • International Who's Who of Franchise Lawyers — 2008–11
  • Franchise Legal Eagle, Franchise Times — 2004–10
  • Super Lawyers — Franchise Law, 2006–08
  • Denver Business Journal — Forty Under 40
  • Franchise Times — Franchise Hot Shot, 2001

Professional Associations

  • Colorado Bar Association Franchise Law Section — Founding Chairman
  • American Bar Association Forum on Franchise Law — Young Lawyer's Division, Former Liaison
  • International Franchise Association Franchise and Distribution Committee — Chamber of the Americas, Chairman
  • United States Mexico Chamber of Commerce — Franchise and Distribution Committee, Chairman

Civic Activities

  • Historic Denver, Inc. — Board of Trustees
  • Georgetown Alumni Board

Clerkships

  • Hon. Zita Weinshienk, U.S. District Court, District of Colorado (1997)

Presentations

  • The Fundamentals of An M&A Transaction in a Franchise System
    American Bar Association Forum on Franchise Law Annual Meeting, San Diego, California (2010)
  • Creative Strategies for Developing Brand Recognition
    Food, Agriculture & Biofuels 2010 National Conference, Minneapolis (2010)
  • How to Say "Yes" to Sales Without Saying "No" to Best Practices
    International Franchise Association 43rd Annual Legal Symposium,  Washington, D.C. (2010)
  • Tortious Interference Claims Amongst Franchise Systems
    International Franchise Association 41st Annual Legal Symposium, Washington, D.C. (2008)
  • Litigation and How To Manage Legal Costs
    International Franchise Association Annual Meeting, Orlando, Florida (2008)
  • The Devil is in the Details: Critical Issues in Establishing and Operating Franchisor-Assisted Resale Programs
    International Franchise Association 40th Annual Legal Symposium, Washington, D.C. (2007)
  • Using Area Representatives to Grow Your Franchise System
    International Franchise Association Annual Meeting, Fort Lauderdale, Florida (2005)
  • Negotiating Retail Leases
    International Franchise Association Annual Legal Symposium, Washington, D.C. (2004)
  • Franchise Law Sales Compliance
    International Franchise Association Business Development Seminar, Denver, Colorado (2003)
  • Franchising Your Business
    Colorado Restaurant Association Annual Convention, Denver, Colorado (2003)
  • Key Legal Issues in Buying a Franchise
    The National Franchise Show, Denver, Colorado (2002)
  • Franchising Your Business
    The National Franchise Show, Denver, Colorado (2002)
  • Franchising Law Basics
    The International Franchise Association Legal Symposium, Washington, D.C. (2002)
  • Avoiding Common Litigation Issues in the Restaurant Industry
    Colorado Restaurant Association Annual Convention, Denver, Colorado (2002)
  • The New FTC Rule and Other Advanced Registration and Disclosure Developments
    American Bar Association Forum on Franchise Law Annual Meeting, San Francisco, California (2001)
  • Red Robin International - A Restaurant Acquisition Case Study
    The Restaurant Industry Finance and Investment Institute, New York, New York (2001)
  • Taking Care of Biznet - Avoiding Common Pitfalls in E-Commerce
    The Eleventh Annual Corporate Counsel Symposium, Minneapolis, Minnesota (2000)
  • Starting a Franchise System
    American Bar Association Forum on Franchise Law Annual Meeting, New Orleans, Louisiana (2000)
  • The Golden Rules of Franchise Sales Compliance
    International Franchise Association Franchise Development Roundtable, Denver, Colorado (2000)
  • Buying and Selling Restaurant Franchises
    Fourth Annual Restaurant Industry Mergers and Acquisitions Forum, New York, New York (2000)
  • Synthetic Leasing and Other Strategies for Off-Balance Sheet Financing
    Tenth Annual Restaurant Finance and Development Conference, Chicago, Illinois (1999)
  • Legal Ethics: Drawing the Line
    American Bar Association Forum on Franchise Law Annual Meeting, Palm Springs, California (1999)
  • Issues in New Product Introduction
    Seminar Sponsored by the Minnesota Intellectual Property Law Association - Copyright and Trademark Committees, Minneapolis, Minnesota (1999)
  • Utilizing Synthetic Leasing to Grow Your Restaurant Chain
    Second Annual Franchise Finance Conference, Chicago, Illinois (1999)
  • Leasing Issues Facing Franchise Companies
    Council of Franchise Suppliers Roundtable Series, International Franchise Association Annual Meeting, Las Vegas, Nevada (1998)
  • An Introduction to Franchise Law
    The American Franchise Exhibition, Long Beach, California (1997)

Related Practices

Business & Corporate Services
Corporate Governance
Mergers & Acquisitions

Related Industries

Food & Agriculture
Franchise, Distribution & Logistics
Health Care
Manufacturing & Industrials
New Energy, Clean Technology & Climate
Retail

Media Mentions

19-January-2012 - Kevin Hein Foresees Bright Future for Lab Test Franchises
13-September-2011 - Hein Explains New Challenges for Would-Be Franchisees
01-September-2011 - Franchise Times Reviews Faegre & Benson's Franchising in Health Care Conference
17-August-2011 - IFA FranBlog Highlights Faegre Franchise Summit
04-August-2011 - IFA FranBlog Recaps Faegre & Benson's "Lending Bootcamp"
02-June-2011 - Hein Predicts Growth for Urgent-Care Franchises
11-May-2011 - Hein Previews Franchising & Healthcare Conference for Franchise Times
22-February-2011 - Hein Discusses the "New Normal" for Franchise Systems: Franchisors Acting as Bankers
28-June-2010 - Hein Talks Social Media Policies With Reuters UK
20-April-2010 - Hein Shares Thoughts on Negotiating a Commercial Lease
17-April-2010 - Zwagerman and Hein Discuss Implications of New Calorie-Display Legislation
01-December-2009 - Hein Speaks to Social Media Policies

Education

Georgetown University
J.D., cum laude (1994)
Colorado State University
B.S., with distinction (1987)

Legal Updates

18-October-2010 - Branded

News

06-September-2011 - Ninety Faegre & Benson Lawyers Listed in The Best Lawyers in America
10-June-2011 - Faegre & Benson Practices Ranked Nationally in 2011 Chambers USA
30-March-2011 - Six Faegre & Benson Lawyers Named "Legal Eagles" by Franchise Times Magazine
09-August-2010 - Ninety-Three Faegre & Benson Lawyers Listed in The Best Lawyers in America
31-July-2009 - 96 Faegre & Benson Lawyers Listed in The Best Lawyers in America
01-October-2008 - The Best Lawyers in America 2009 Includes 90 from Faegre & Benson
01-August-2008 - Kevin Hein and Jeffrey Brimer Join Faegre & Benson Franchise Team

Bar Admissions

Colorado

Court Admissions

Supreme Court of Colorado
U.S. Bankruptcy Court, District of Colorado
U.S. District Court for the District of Colorado

Events

05-August-2010 - Faegre Franchise Summit

Representative Matters

Our Professionals Represent Stockade Franchising
Secured Temporary Restraining Order on Behalf of Fantastic Sams

Copyright © 2000-2012 Faegre Baker Daniels LLP. All Rights Reserved.