Represented NexCen Brands in its acquisition of Pretzel Time, Pretzel Maker, Great American Cookie, Marble Slab Creamery and MaggieMoo's International franchise systems, including with respect to intellectual property due diligence matters associated with the transaction.
Represented the chairman and president of the Pittsburgh Steelers in the $750 million transaction to restructure the ownership of the football franchise in connection with new equity investment and debt financing.
Assisted a publicly-held retailer in negotiating international multi-unit development agreements in the Middle East and Asia.
Represented the owners and operators of hotels under the Starwood, Hilton, Radisson, Intercontinental Hotel Group, Marriott International and Choice International "flags," in addition to independent brands, in acquisitions, financings, joint venture structures and operations.
Represented a Louisiana-based fast-food chain in trademark litigation filed by the exclusive licensor of intellectual property derived from the musical legacy of a Jamaican reggae singer-songwriter related to alleged infringement of the "ONE LOVE" trademark and reached a favorable settlement.
Represented an international luxury hotel company in defense against Department of Labor Wage and Hour complaint and obtained a finding of no wage and hour violations.
Represented an international luxury hotel company in a disability discrimination claim by creatively developing a reasonable accommodation for the employee, which still met client work demands.
Represented a home-based service franchise system in the negotiation of a nationwide class action settlement in connection with alleged deficiencies in prior FDDs.
Represented a franchisor client against a competitor's motion for injunctive relief arising out of claims of false advertising.
Represented a franchisor in obtaining permanent injunctions against former licensees in trademark enforcement actions.
Represented a hospitality franchisor in obtaining a favorable verdict on its counterclaim for breach of a franchise agreement preceded by the entry of summary judgment in favor of the franchisor, its parent company and two former employees on the franchisee's complaint alleging RICO violations. The counterclaim was tried non-jury after the court granted our clients' motion to strike jury demand.
Represented an athletic and sporting good franchisor in obtaining a preliminary and permanent injunctions and consent decrees against terminated franchisees for trademark and copyright infringement and violation of a covenant not to compete (Federal District Courts – Pennsylvania and Wyoming).
Represented an international airport management company with respect to its master commercial leases and subleases with retail concessionaries and food and beverage operators in four major U.S. airports.
Represented a master franchisee in securing preliminary injunctive relief against a sub-franchisee through the enforcement of restrictive covenants.
Represented a hotel franchisor in obtaining an injunction against a former franchisee using a variation of franchisor's name after expiration of license agreement.
Represented a national real estate agent franchise company in securing a contempt order against a former franchisee for trademark infringement.
Conducted freedom-to-operate, infringement and patentability studies and advised clients with respect to designing around and avoiding infringement of their competitors' patents.