Mediator Resume

Over 20 years of mediation experience. Franchise transaction attorney for almost 50 years, primarily representing franchisors, including start-ups, emerging brands, and large international brands. Has served on AAA commercial law panel as arbitrator, was appointed to more than a dozen arbitration panels, both as sole arbitrator and as a member of three arbitrator panels, primarily for franchise and distributor arbitrations.

Larkin Hoffman Daly & Lindgren Ltd. - Of Counsel

Attorney

Of Counsel (since 2020)/Shareholder (1982-2020)/ Chief Financial Officer (1986-1990)/ Board of Directors (1992-1996; 1998-2004), Larkin Hoffman Daly & Lindgren Ltd., 1977-Present.

Began working with franchisor and franchisee clients in 1978, eventually shifting focus to representing franchisors. Prepared and registered disclosure documents, including franchise agreements, area representative agreements and collateral documents. Extensive experience drafting and reviewing financial performance representations (formerly "earnings claims"). Counseled franchisor clients on the franchise sales process, the writing of operations manuals and setting of franchise brand standards, relationship with franchisees, including defaults, terminations and non-renewals, acquisition of franchise outlets, and the purchase and sale of franchise companies. Served as mediation counsel dozens of times, and informally negotiated resolutions to 100s of franchise disputes. Represented private equity companies, both owners of franchise systems and multi-unit franchisees. Arbitrator in over a dozen franchise disputes. Expert witness on franchise matters in federal and state court and in arbitration. Served for 11 years as a member of the advisory committee to the NASAA Franchise Project Group, working with franchise regulators in drafting Commentaries and other materials used by franchise examiners in reviewing franchise applications and disclosure documents. Since 2021, primarily involved as independent mediator in franchise disputes, handling more than 50 mediations.

Mediation practice limited to mediation of franchise and dealer disputes. Began mediating franchise disputes more than 20 years ago. Primary focus of practice since 2021. Mediated more than 50 disputes, including numerous early stage and pre-litigation disputes. Subjects included alleged disclosure violations, breach of contracts (by both franchisors and franchisees), allegedly wrongful terminations (by franchisees and franchisors), non-compliance with brand standards, advertising/marketing fund disputes, disputes with franchisee associations, breach of development obligations, and alleged violation of territory provisions (by franchisors) and non-competes (by franchisees).

Claims involving allegations of breach of contract, violation of franchise disclosure and unfair practice laws, and misrepresentation in the sale of the franchise (including financial performance representations); termination of franchises and compliance with post-termination obligations; territory disputes; proper use of marketing funds; the purchase of franchisee businesses; the use of technology in the franchise system; proper use of advertising/marketing funds, violation of territory provisions and covenants not to compete.

Requires each party to submit a mediation statement several days before the mediation. Contacts each side prior to the mediation to better understand the issues and positions of the parties, to raise issues and address questions, and begin exploring possible settlement options. At the start of the mediation, will make some opening comments and then give each party a few minutes to say anything they need to say that they think will help the parties reach a resolution. Once parties are separated, will use extensive substantive experience in franchising to talk to each side about the strengths and weaknesses of their positions, and then start exploring ways they might resolve their dispute. Where the relationship has not ended, this allows for a business solution - something that could never happen through a ruling by a court or arbitrator.

Uses Zoom for virtual mediations and emails for all submissions. Access to tech department for help with additional technology.

University of Florida (JD - 1977; BS, Broadcasting - 1975).

Admitted to the Bar: Minnesota.

American Bar Association, Forum on Franchising (formerly a member of the Governing Committee and Chief Budget Officer); International Franchise Association (formerly a member of the Franchise Relations Committee, the Legal/Legislative Committee and the Council of Franchise Suppliers; Second attorney to achieve designation as a Certified Franchise Executive); Fellow, American Bar Association.

Over 90 articles published on franchise issues, including more than half a dozen on mediation of franchise disputes. Given an approximately equal number of presentations on franchise issues to groups ranging from the ABA to the IFA to state franchise examiners. A full list is available on request.

Minneapolis-St. Paul Metropolitan area

Hourly Rate: $690.00 Daily Rate: Not provided Study Rate: $690.00/hr Cancellation: $1,500.00/Day Cancellation Period: 7 Days Comment: For mediations that do not involve travel, no cancellation fee will be billed if cancelled at least 3 business days before the mediation is set to begin. Advance retainers are required for anticipated fees and costs. Any excess collected will be refunded and any additional fees will be due within 10 days after billing. The only out-of-pocket costs are for travel and they are billed at cost.

English

United States of America

Minneapolis, Minnesota