2017 Best Franchise Litigators — USA
By Jeffrey M. Goldstein
Over my 30 years of practice I’ve from time to time been asked by clients “if we hadn’t chosen you as our litigator, which lawyers would you have recommended that we had chosen to litigate our case?” Just again two weeks ago, during some dead-time during one of the prolific break-out sessions during Mediation for one of my clients, the issue was broached yet again. Interestingly, I had never provided a full and thoughtful answer to the question in the past. In addition, these clients wanted to know the best franchise lawyers ‘on both sides.’
For whatever reasons, prompted by that last Mediation discussion, I finally set about to list those litigators whose names I’d put on my personal informal list of ‘go to litigators’ for franchise and distribution. In preparing my information and non-scientific list I’ve used roughly the following criteria: (1) he or she has a minimum of 10-12 years in the franchise or distribution litigation ‘industry’; (2) franchise or distribution litigation (not franchise or distribution counseling or transactions) must predominate in his or her practice; (3) his or her ability and willingness to do battle in court are commensurate with their reputations; and (4) he or she participates in a full-time private practice. In essence, I have tried to informally distinguish between those who merely have prolific helpful professional ‘connections’ or ‘contacts’ in the franchise world (either within their law firms or in franchise corporations) and those who independently are able to plan, carry out and win litigation battles. Again, also note that I’ve not set forth a list of best franchise lawyers since a good number of these are not franchise litigators.
My personal and professional philosophy of practice in the franchise and distribution area is that I am a big believer in the free market while at the same time a passionate franchisee advocate. Accordingly, one of my goals is to provide franchisees with as much information as possible to successfully navigate their businesses; and, since litigation unfortunately is a very tangible and likely occurrence in the franchise world, I believe that this information would be helpful to some and perhaps many franchisees.
Last, I note that I have always held the very strong belief that franchisees should use attorneys who represent only franchisees and dealers, and who do not represent both franchisors and franchisees (or who represent only franchisors). I have written extensively about what I view to be the inherent conflicts in such dual-representation, and how such dual-representation is counterproductive to the overall mission of franchisees and dealers. Some of the best franchise lawyers in the country who started out as franchisee-only lawyers now surreptitiously represent both franchisees and franchisors. Accordingly, without repeating my thoughts again here, I have segregated the litigators below into three categories based on whether they have represented in the past both franchisors and franchisees, only franchisees, or only franchisors.
2017 Franchise Litigators
My Choices of Franchise Litigation Attorneys Who Represent Franchisees Only
Jeffery Haff Dady & Gardner
Jeffrey M. Goldstein Goldstein Law Firm
Michael Garner Garner & Ginsburg
Peter Lagarias Lagarias & Napell
My Choices of Franchise Litigation Attorneys Who Represent Both Franchisees & Franchisors
Lee Abrams Mayer Brown
Howard Bundy Bundy Law Firm
David Cahn Whiteford Taylor & Preston
Michael Einbeinder Einbeinder & Dunn
Allan Hillman Kern & Hillman
Clarence Kuhn Kuhn Law Firm
Michael Lockerby Foley & Lardner
Julie Lusthaus Lusthaus Law
James M. Mulcahy Mulcahy
Robert Salkowski Zarco, Einhorn Salkowski & Brito
Jonathan Solish Bryan Cave Leighton Paisner
David Steinberg Jaffe Raitt Heuer & Weiss
Robert Zarco Zarco, Einhorn Salkowski & Brito
Jeff Zucker Fisher Zucker
My Choices of Franchise Litigation Attorneys Who Represent Franchisors Only
Christian Burden Quarles & Brady
Frederic Cohen Cheng Cohen
Deborah S. Coldwell Haynes & Boone
John Dienelt Quarles & Brady
Dean T. Fournaris Wiggin and Danna
Michael Gray Gray Plant Mooty
Nina Greene Genovese Joblove & Battista
Barry Heller DLA Piper
Michael D. Joblove Genovese Joblove & Battista
Kevin Kennedy Wiggin and Dana
Peter J. Klarfeld Gray Plant Mooty
Norman Leon DLA Piper
Arthur Pressman Nixon Peabody
Kirk Reilly Gray Plant Mooty
Craig Tractenberg Fox Rothschild
John F. Verhey DLA Piper
Quentin R. Wittrock Gray Plant Mooty
David Worthen Quarles & Brady
Robert Zisk Gray Plant Mooty
