Mediator Resume

Bradley Arant Boult Cummings LLP - Retired Counsel

Attorney, Arbitrator, Mediator, Law school Adjunct Professor

Counsel, Bradley Arant, 2016-Present; Counsel, Nexsen Pruet 2012-2016; Senior Vice President/General Counsel, Driven Brands Inc. (Meineke Car Care Services, Inc., MAACO Auto Painting Econo Lube N’Tune), 2005-2012; Vice President/General Counsel, Meineke Discount Muffler Shops Inc., 1982-2005; Partner, Rowland and Keim, 1979-1982; Associate, Trueheart Mcmillan Westbrook and Hoffman, 1977-1979.

Litigation: Over 40 years of experience in franchising matters involving franchisors, franchisees and suppliers. As General Counsel for Meineke Car Care Specialists and Driven Brands, litigated commercial cases filed in federal and state courts or through arbitration addressing issues of trademark infringement, post termination covenants against competition, breach of contract, fraud, unfair trade practices, and the breach of the implied covenant of good faith and fair dealing. Argued in the Fifth Circuit Court of Appeals, antitrust issue where franchisee alleged that franchisor was engaging in an illegal tying relationship; litigated franchisor claim to enforce the recovery of future royalties upon a franchisee’s termination of the franchise agreement for no cause. Handled consumer protection claims brought by state agencies addressing issues of price point advertising, bait and switch, and unfair advertising practices claims; managed franchisee class action defining the legal relationship between a franchisor and franchisee and the administration of the franchise system’s advertising fund; represented franchisor in numerous mediations addressing claims brought by franchisees and third party. Prior to serving as General Counsel for Meineke and Driven Brands, while in private practice conducted jury trials on issues of insurance expiration rights, and the right of homeowner associations to enforce deed restrictions against its members. Arbitrated cases addressing breach of contract and fraud claims involving franchisor and franchisee. Arbitrated breach of contract claims between a product supplier and customer, where the issue addressed the ability to collect liquidated damages. Transaction and Business Advice: Drafted franchise agreements and franchise disclosure documents (“FDD”) for franchise systems offering automotive repair, restaurants, hotels, paint and sip franchises, women’s clothing boutiques, title registration companies, retail sporting goods stores, and ball-room dancing studios; handled all franchise regulatory matters including registration of FDD; represented franchisees in navigating the franchise relationship with their franchisors; represented franchisees in seeking early termination of their franchise agreements without penalty; setup independent franchisee association for automotive repair franchisees and negotiated prospective modifications to the franchise relationship with the franchisor; represented franchisees and franchisors in purchasing and selling individual franchise locations; represented private equity companies during the due diligence phase of purchase and sale of franchise systems; While in-house at Driven Brands participated in eight transactions involving the purchase and sale of franchise systems; represented foreign franchisors in bringing their franchise concepts to the United States; drafted master franchise agreements for international franchise transactions; negotiated and drafted supplier contracts, software license agreements, NASCAR sponsorship contracts, and football bowl game contracts with the media.

Served as a mediator in a case involving a franchisee and a franchisor regarding specific aspects of the franchise relationship. Served as a mediator between franchisor and franchisee regarding early termination of franchise agreement for cause and assessment of damages arising from the various claims brought by each party. Successfully mediated dispute between home improvement franchisor and its franchisee regarding the issue of the recission of the franchise agreement. Served as a mediator in a matter involving the termination of international development rights between a franchisor and its Brazilian master franchisee. Served as a mediator in dispute between insurance and home owner regarding insurance coverage relative to exclusions in the particular policy. Successfully mediated a dispute between founder of debate coaching business and purchaser of the business regarding the issue of the conveyance of franchise rights. Successfully mediated dispute between shareholders of a franchise system.

Franchise disputes, insurance disputes, consumer disputes, commercial contract disputes.

Believe that more often than not, a business solution is preferable to a legal solution. Generally, start the mediation process with phone call to parties’ counsel, to get a sense of the issues. Then provide the parties with a mediation retainer agreement. Depending upon the nature of the dispute parties may be asked to provide a statement of their position in the dispute that may or may not be circulated to the other party depending upon their wishes. Usually will start mediation with a joint session where each party can state their position and their demands; then will conduct several conferences separately with each party to gain a more in-depth view of their position within the dispute and then probe for possible business solutions that can resolve the matter. If it is clear that the parties cannot reach a conclusion then an impasse will be declared. Alternatively, if an agreement can be reached then will work with the parties to finalize a settlement agreement.

Versatile with Zoom and Web Ex. Have used zoom for a number of arbitration hearings. It is expected that all document submissions, including discovery documents will be transmitted electronically.

Syracuse University College of Law (JD-1977); University of Virginia (BA, History, with Distinction-1973).

Admitted to the Bar: North Carolina (1987), Wisconsin (1983), Texas (1978); US District Court: Western District of North Carolina, Eastern District of Wisconsin (1983); US Court of Appeals: 4th Circuit (2010).

North Carolina Bar Association; State Bar of Texas; International Franchise Association, Legal Legislative Committee; American Bar Association Forum on Franchising.

Writings: Addressing Issues that Arise in Mature Franchise Systems, Franchise Law Journal (Volume 41 Number 3 (2022), Focused Expertise- Daubert in Franchise Litigation, Ted Pearce, Tami McKnew, and Bruce Shaeffer, Franchise Law Journal (Volume 41 Number, 2021); Selected State Laws, Commentary and Annotations (Nebraska) Franchise Desk Book (Third Edition, ABA Publishing) 2019; Covenants against Competition in Franchise Agreements, North Carolina, Second Edition 2003, American Bar Association Publications; Franchise Law Compliance Manual (Chapter 6 Mergers and Acquisitions of Franchise Systems) 3rd Edition 2019. When is a Waiver of the Right to Arbitrate a Waiver? Texas Bar Journal October 2023 Speaking Engagements: Introduction to Franchise Law, Adjunct Professor Syracuse University College of Law, 2023; Strategies to Achieve the Best Possible Early Settlement ABA Forum on Franchising Annual Meeting, 2019. Adjunct professor Syracuse University of Law, course- Franchise Law

If arbitration or mediation is held in Charlotte, North Carolina, or anywhere within 3 hours driving time the parties will not be asked to reimburse travel costs. Does not charge travel time to and from the arbitration venue.

Hourly Rate: $450.00 Daily Rate: Not provided Study Rate: $450.00/hr Cancellation: $450.00/Day Cancellation Period: 2 Days Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

English; French

United States of America

Charlotte, North Carolina