Both Sides Now: Making the Transition from Outside to In-House Counsel Bethany L. Appleby & Gary R. Batenhorst I. Introduction Many in-house lawyers for franchise companies began their careers at law firms where they gained experience representing these same franchise companies. For a vari- ety of reasons, lawyers at various stages of their careers may find it more appealing to move to an in-house posi- tion. In this article, two long-time members of the ABA Forum on Franchising, who have worked both in-house and for law firms, discuss the differences between work- Ms. Appleby ing for franchised companies directly as opposed to rep- resenting these companies at law firms. Although most of the discussion in this article focuses on in-house law departments for franchisors, many of the issues dis- cussed also are relevant for in-house lawyers working in the law department of a multi-unit franchisee, including those with franchises in multiple concepts. II. Backgrounds of the Authors Mr. Batenhorst Bethany Appleby received a Bachelor of Arts degree from Yale University, magna cum laude, and graduated with highest honors from The University of Connecticut School of Law. Shortly after finishing law school, she joined the New Haven office of Wiggin and Dana LLP, where she eventually became a litigation partner and co-chaired the firm’s Franchise and Distribution Prac- tice Group. After almost twenty years of representing the Subway® restaurant franchisor in litigation, arbitration, and other matters as outside counsel, she Bethany L. Appleby (
[email protected]) is a member of Appleby & Corcoran, LLC, in New Haven, Connecticut, and focuses her practice on franchise and business law litigation.