Douglas Dean Smith
Business / Contracts, Franchising (Transactional)
Highland, Utah
Personal Introduction
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. 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. 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.
Practice Composition
Transactional
Education
Practice Summary
I represent experienced large regional and nation-wide franchisors, start-up franchisors, individual franchisees, franchisee groups, and those planning to purchase a franchise. I can also provide advice on alternatives to franchising. In addition, I provide various business legal services, including those related to business entity formations, trademark registrations, business sales and purchases, confidentiality and nondisclosure agreements, and various types of licenses and contracts for my franchise clients.
Response Time
1 day
Personal Interests & Charitable Work
Mr. Smith served as a missionary for The Church of Jesus Christ of Latter-day Saints for two years in the province of Quebec, Canada. From 1984 to 1991 he was chair of the Brigham Young University Alumni, Portland Regional Council. He has served as president of the BYU Management Society-Portland Chapter and Chair of the J. Rueben Clark Law Society-Portland Chapter. From 1985 to 1989, Mr. Smith served as Bishop of the Tigard 1st Ward of The Church of Jesus Christ of Latter-day Saints. From April 1997 to January 2002, he served as a Counselor in the Tualatin Stake Presidency. Mr. Smith with his wife Rhonda served as a missionary for The Church of Jesus Christ of Latter-day Saints in Romania and Moldova from June 2014 to December 2015. He and Rhonda have four sons and two daughters. Church Related Activities • Mission, Montreal, Quebec (French), June 1971 to June 1973 • Elder's Quorum Presidency Counselor, Sunday School Teacher, Sunday School President, June 1973 through January 1979 • Priest Quorum Advisor, January 1979 through August 1979 • Early Morning Seminary Teacher, January 1979 through June 1983 (Elder's Quorum Instructor, Nursery Worker) • Second Counselor, Tigard 1st Ward Bishopric, June 1983 through May 1984 (Aaronic Priesthood, Young Men, Young Women, Primary, Church Education System, Boy Scouts) • Member Lake Oswego Stake Initial High Council, May 1984 through February 1985 (Music, Church Education System) • Bishop, Tigard 1st Ward, February 1985 through August 1989 • Stake Missionary, Lake Oswego Stake Mission, August 1989 to October 1989 • First Counselor, Lake Oswego Stake Mission Presidency, October 1989 through November 1991 • President, Lake Oswego Stake Mission, December 1991 through August 1992 • Member Lake Oswego Stake High Council, December 1991 through August 1992 • President, Tualatin Stake Mission, September 1992 through October 1994 • Member Tualatin Stake Initial High Council, September 1992 through April 1997 (Young Single Adults, Fanno Creek Ward) • Second Counselor, Tualatin Stake Presidency, April 22, 1997 through January 20, 2002 (Aaronic Priesthood, Young Men, Young Women, Church Education System, Primary, Sunday School, Boy Scouts, Welfare, Sports, Activities, Physical Facilities, Finance, Audits, Deseret Industries) • Ordinance worker (Shift Coordinator) Portland Oregon Temple, June 2002 to June 2014. • Sherwood Ward Young Men Secretary (Fast Offering Coordinator) 2007 to 2011 • Sherwood Ward Sunday School Teacher – High School Juniors and Seniors 2011 to 2014 • Sherwood Ward Sunday School President 2013 to June 2014. • Mission, Romania/Moldova (Romanian), June 2014 to December 2015 (First Counselor, Oradea District Presidency, Branch President Arad Branch, Branch President Bacau Branch). • Alpine 5th Ward Gospel Doctrine Teacher 2016 to July 2017 • Alpine 5th Ward Mission Leader August 2017 to July 2018 • Alpine Utah Young Single Adult Stake Patriarch September 2017 to Present • Mt. Timpanogos Temple Ordinance Worker January 2019 to Present. Service Organizations • Eagle Scout, January 8, 1971 • Senator, Brigham Young University First Year Student Senate, August 1970 through April 1971 • Council Member, Associated Men Students Council, Ricks College, August 1973 to April 1974 • Co-founder, LDS Business Association of Metropolitan Portland, June 1979 to June 1983 • Member, BYU Management Society, Portland Chapter, Board of Directors, June 1983 to 1990 • Vice Chair, Brigham Young University Alumni Association, Portland Regional Council 1980 to 1983 • Chair, Brigham Young University Alumni Association, Portland Regional Council, 1983 to 1990 • Co-founder and Initial Vice Chair, J. Reuben Clark Law Society, Portland Chapter, 1990-1991 • Chair, J. Reuben Clark Law Society, Portland Chapter, 1991-1992 • Assistant District Commissioner, Pioneer District, Boy Scouts of America, April 1997 to August 1999 • District Vice-Chair, Wapiti District, Boy Scouts of America, August 1997 to May 2002 • Board of Management, Sherwood Family YMCA, October 2000 to January 2003 • Treasurer, Sherwood Family YMCA, September 2001 to January 2003 • District Chair, Wapiti District, Boy Scouts of America, May 2002 to May 2005 • Boy Scout Unit #844 - Committee Chair 2007 to 2013.
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