DOUGLAS D SMITH
Attorney, Legal Advisor, and Franchise Law Specialist
Douglas Dean Smith graduated cum laude from Brigham Young University in 1976. He received his Juris Doctorate degree, cum laude, from the J. Reuben Clark Law School, Brigham Young University, in 1979. Mr. Smith was student law clerk to Judge Monroe G. McKay of the Tenth Circuit Court of Appeals in 1978.
He served as senior editor of the Brigham Young University Journal of Legal Studies and in 1978 coauthored "Real Estate Contracts," a summary of Utah real property law, Brigham Young University Legal Studies 1978. He is a coauthor with James H. Bean of "Franchise Legal Documents," in Franchising (a textbook/handbook on franchising) compiled by Robert Justis and Richard Judd, published by Southwestern Publishing Company, 1988. Mr. Smith helped to write the new Oregon Administrative Rules on Franchising adopted by the Oregon Corporation Division on November 21, 1988. He is a regular contributor to various publications featuring matters related to franchise law. He has written "Business Aspects of Franchising," in Advising Oregon Businesses, 1991 edition, revised 1994,1998, 2004, 2009,2010, 2018, and 2019 published by the Oregon State Bar Committee on Continuing Legal Education.
From March 1979 to July 1990 Mr. Smith was an associate and partner in the Portland law firm of Lindsay, Hart, Neil & Weigler. Since July 1990, he founded and has owned and practiced through the FranchiseSmith law firm which now has offices in Oregon and Utah. He has specialized in franchise law since 1981 with an emphasis on structure and drafting of franchise agreements and disclosure materials; selection of trademarks; compliance with state and federal and international franchise and business opportunity laws including the preparation of relevant disclosure and registration materials; and franchise related litigation. He has also served as an expert witness in franchise law litigation and attorney malpractice actions and has extensive experience in franchise purchase negotiations representing both franchisors and franchisees. He is well versed in related antitrust, securities, general corporate and business matters.
Since 1984, Mr. Smith has chaired periodic Franchise Legal Symposia for his franchise related clients and other interested persons in the Pacific Northwest. Mr. Smith hosted and participated as a speaker in the 1985 and 1986 Pacific Northwest Sessions of the International Franchise Association's Legal Roundtable. He was a member of the IFA Legal/Legislative Committee from 1988 to 1996. In May 1989 and 1990, Mr. Smith was a presenter and speaker at the IFA's Annual Legal Symposium in Washington, D.C. In June 1989, he was a featured speaker in the Fundamentals of Franchising Program sponsored by the ABA Forum on Franchising. In February 1990, Mr. Smith organized a seminar on Successful Business Operations in the United States in conjunction with B.C. Trade Development Corporation, a Crown corporation of the Province of British Columbia, Ministry of International Trade and Immigration.
Mr. Smith was admitted to the Oregon State Bar on April 24, 1979 and to the US Federal District Court Bar on June 18, 1979. He was admitted to the United States Supreme Court Bar on April 30, 1990. On May 6, 2016, Mr. Smith was admitted to the Utah State Bar.