Expert witness and consultation in franchise Disputes

I provide expert witness services for parties in litigation and arbitration of franchise-related disputes. For 40 years, I was a lawyer specializing in the resolution of franchise disputes through negotiation, mediation, arbitration, and litigation. I tried more than 100 cases to juries, judges, and arbitrators across the United States, and dealt with expert witnesses dozens of times. As an expert witness, I know what it takes to be of value to parties and lawyers, and how to talk to jurors, judges, and arbitrators.

I have a balanced view of franchising and the disputes it can involve. I’ve appeared as an expert witness for franchisors, franchisees, and their lawyers (and their malpractice insurers). I am a member of both the International Franchise Association (IFA) and the American Association of Franchisees and Dealers (AAFD).

My expert witness assignments have included disputes over the adequacy of pre-sale franchise disclosures, including whether Item 2 disclosures of key personnel, Item 3 disclosures of past litigation, and Item19 financial performance representations, were misleading; whether an association of independent hotel owners was liable for sex trafficking at member hotels; disputes over the classification of franchisees as independent contractors or employees; whether trial counsel committed malpractice by improperly defending arbitration on behalf of a party who had not signed the franchise agreement; whether trial counsel committed malpractice in a multi-million-dollar claim by sharing an advance copy of an unfiled complaint with opposing counsel; whether a franchisor that settled franchisee claims without consent by its insurer acted reasonably; whether a commercial relationship not defined as a franchise by the parties was nonetheless subject to the New Jersey Franchise Practices Act; whether commercial relationships were franchises, regardless of how the parties described them; whether conduct by a franchisee and its employees subjected the franchisor to vicarious liability for the death of third-party. My most recent assignment involved the purchase of a franchise company and whether its buyer breached its obligations to the principals of the sold franchise company by conduct which adversely affected franchisee performance during an earnout period.

I am based in Boston but travel everywhere in person (without charge for time of travel) or by Zoom.

I know franchising — its business practices. I taught franchising in the MBA Program of Babson College, Wellesley, MA; taught franchise law at Temple University School of Law; taught franchise law to hundreds of lawyers at the International Franchise Association and American Bar Association Forum on Franchising Continuing Legal Education Programs from 1990 to present. And I was a franchisee myself.

And I know law – and its application to franchising and lawyers. For the past 12 years, I’ve taught law at Boston University School of Law in its LLM in American Law and JD programs, including courses in professional responsibility, civil trials, negotiation, and alternative dispute resolution, and continue to present at the American Bar Association Forum on Franchising and International Franchise Association continuing legal education programs.

If you’re a lawyer with a franchise case for a franchisor, franchisee, landlord, private equity owner, or a third-party and want to talk over your approach or consider the use of an expert. feel free to contact me.