David G. Gunther

David G. Gunther

Partner

David G. Gunther serves as trusted outside counsel to businesses of all sizes, with particular experience representing clients in the franchise and food manufacturing industries. Clients turn to him for strategic guidance, pragmatic advice, and practical solutions that help them achieve their business goals.

“The most rewarding part of my practice is building long-term relationships with clients and helping them year-in-and-year-out as they navigate challenges and pursue opportunities. Clients trust me with the things that keep them up at night — and that trust matters a great deal to me.”

Areas of Practice

Education

University of Pennsylvania Law School, J.D., 2009

Wheaton College, B.A., 2004

Admissions

New Jersey

Pennsylvania

David serves as outside counsel to a variety of food manufacturers, from startups to national and multinational companies. He regularly drafts and negotiates the entire range of agreements that his clients see and need on a daily basis — including supply, distribution, co-manufacturing, tolling, floor stock, volume commitment, licensing, branding, promotion, marketing, brokerage, non-disclosure, joint development, equipment purchase and installation, packaging, fulfillment, logistics, and transportation agreements. Simply put, David has negotiated practically every type of agreement used in the food processing and distribution industry. This depth of experience allows him to offer his clients clear and practical advice on legal issues while remaining aware of the operational realities of business. Beyond his contractual expertise, David provides responsive day-to-day counseling on the whole range of issues and challenges that his clients face — and regularly assists them in resolving customer and vendor disputes.

David also has extensive experience as a franchise lawyer, representing a variety of regional and national franchisors, area/sub franchisors, area developers, and franchisees. He counsels franchisors on structuring and operating franchise systems, navigating regulatory requirements, and managing franchisee relationships. David has extensive experience drafting disclosure documents, providing advice on available disclosure and registration exemptions, and dealing with franchise regulators. He regularly negotiates franchise documents with franchisors, franchisees, landlords and lenders and represents buyers and sellers of franchised systems, area franchise rights, and franchised units. David is an active voice in the franchise law community, contributing to practitioner-focused materials and industry publications. Staying closely connected to regulatory developments allows him to bring current, practical insight to his client work.

Beyond his work in the food and franchising industries, David also maintains a broad business and corporate practice. He provides advice and assistance to companies at every stage of growth — from entity formation and structuring, to day-to-day business opportunities and concerns, to acquisitions, reorganizations, mergers, asset sales, and succession planning. David’s breadth of experience and perspective allows him to tailor his guidance to the realities each client faces, rather than forcing a one-size-fits-all approach. Clients work with David as a long-term advisor, not just a one-off transactional lawyer. He builds relationships rooted in trust and responsiveness, encouraging clients to bring questions and worries early — before they become problems.

Away from work, David is involved in leadership at his local church and most enjoys cooking and baking for his family (dishwashing, not so much…)

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Representative Matters

Serve as outside US general counsel to international food ingredients manufacturer in connection with all operational and business matters

Serve as outside general counsel to a global food services company

Serve as outside franchise counsel to a publicly owned national travel center company

Represented multiple mechanical contracting companies in connection with sale of their businesses, totaling more than $300 million

Community Involvement

ABA Forum on Franchising

Clerkships

Hon. Ronald E. Bookbinder, Assignment Judge, New Jersey Superior Court (Burlington County)

Publications

“New Jersey,” in Covenants Against Competition in Franchise Agreements (Michael R. Gray & Natalma M. McKnew eds.), Co-author, ABA Forum on Franchising, 4th ed., 2023

“New Jersey” in Franchise Desk Book: Selected State Laws, Commentary and Annotations (W. Michael Garner, ed.), ABA Forum on Franchising

“The Lease Rider: An Essential Tool for Franchisors,” New Jersey Law Journal, October 5, 2015

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