Franchise Litigation Matters

• Following a seven-day AAA arbitration hearing, obtained full award for franchisor on all claims by franchisee seeking over $5 million on claims of breach of contract, breach of the implied duty of good faith and fair dealing, intentional and negligent misrepresentation, and alleged violation of the California Franchise Relations Act. (March 2021)
• Overcoming the automatic stay from franchisee’s bankruptcy filing and securing preliminary injunction and possession of restaurants following franchisee’s continued operation after termination of the applicable franchise agreements. IHOP Restaurants LLC v. Moeini Corporation, 2018 WL 762343 (S.D. Ala. Feb. 7, 2018)
• Obtained complete victory for a well-known restaurant franchisor in arbitration proceedings and prior federal court proceedings instituted by a former franchisee seeking an additional 20-year franchise term based on a claim of promissory estoppel.  Pasqual, Inc. v. International House of Pancakes, LLC, E.D.N.Y. (April 2016)
• Obtained a preliminary injunction requiring a former franchisee to cease operations of franchised restaurant in violation of franchise documents and cease infringement of the client's trademarks and later obtained a full and favorable arbitration award on the client's claims of breach of contract and trademark infringement. Shouvik, LLC v. International House of Pancakes, LLC, N.D. Ala. (April 2016)
• Obtained a preliminary injunction, and later a permanent injunction, prohibiting a client's former franchisee from infringing on the client's trademarks. IHOP Franchising, LLC v. Tabel, 2014 WL 1767191 (D. Kan. Apr. 30, 2014)
• Obtained summary judgment in favor of a major oil company on claims by a franchisee for breach of contract and unjust enrichment, and successfully defended the summary judgment on appeal to the Tenth Circuit Court of Appeals. Badwey Oil Co. v. ConocoPhillips Petroleum Co., 352 Fed. Appx. 276 (10th Cir. Nov. 4, 2009)

Commercial Litigation Matters

• Overcoming challenging facts and witnesses who recanted and refused to testify, Brian led the international arbitration team that, after a four-day hearing, completely defeated $40 million claims for fraud, commercial bribery, RICO, and breach of fiduciary duty asserted by Mexico-based purchasers of refurbished oncology equipment. (March 2021)
• Secured a highly favorable settlement on behalf of a well-known standardized test preparation company in a multimillion dollar suit involving dueling claims of fraud, misrepresentation and breach of contract. The case stemmed from the client's acquisition of the assets of a professional certification company and employment of that company's principals and subsequent termination of its employment agreements. (April 2015) 
• Preserved a multimillion US dollar creditor claim through complex Chapter 11 proceedings, including trial of the contested appointment of a trustee and adversary proceeding. In re Celeritas Technologies, LLC 446 B.R. 514 (Bkrtcy D. Kan. 2011)
• Secured a US$2.7 million federal jury verdict in favor of a client asserting claims for breach of fiduciary duty, fraud, misappropriation of trade secrets, breach of contract and computer hacking. The case stemmed from the parties' joint venture to co-develop and co-own a pipeline "public awareness" software product. Paradigm Alliance, Inc. v. Celeritas Technologies, LLC (December 2009)
• Obtained summary judgment for an international manufacturing company on breach of contract counterclaims asserted by a metals broker. Schlumberger Technology Corp. v. Greenwich Metals, Inc., 2009 WL 5217358 (D. Kan. Dec. 3, 2009)
• Secured a defense verdict in Missouri state court in favor of a Kansas City restaurant owner against plaintiff's claim for breach of contract related to the purchase of a business. (July 2009)

Employment Litigation Matters

• Successfully resolved at near nuisance value claims for disability, age, and FMLA discrimination asserted by former employee against health care client. (October 2020)
• Obtained summary judgment in favor of global dialysis and health care client on former employee’s claims under the Missouri Human Rights Act for sexual harassment, gender discrimination, and retaliation. Smith v. Renal Care Group, Inc., 2020 WL 601611 (E.D. Mo. Feb. 7, 2020)
• Obtained a settlement of $1.25 million, enhanced restrictive covenants, and a stipulated judgment for industrial boiler repair client in suit against former executive and owner and competitor company for breach of non-compete, tortious interference, and misappropriation of trade secrets. (March 2020)
• Secured dismissal of civil RICO claims asserted in putative class action filed by insurance agents claiming they were misclassified as independent contractors. Tronsgard v. FBL Financial Gp, Inc., 312 F. Supp. 3d 982 (D. Kan. 2018)
• In the face of a former employee's brazen breach of his noncompetition agreement, successfully obtained a temporary restraining order and preliminary injunction barring the former employee from operating a competing business, contacting the client's customers or using or disclosing the client's confidential information. Rockhurst University Continuing Education Center, Inc. v. McKeag, (March 2015)
• Secured a defense verdict in favor of a hospital in Missouri state court on claims by a former employee for retaliation and wrongful discharge. Reid v. Golden Valley Medical Center (January 2013)
• Argued and prevailed before the United States Court of Appeals for the Eighth Circuit in connection with a defense of summary judgment decision in favor of a health care client on claims of discrimination by a former employee. Olsen v. Capital Region Medical Center, 713 F.3d 1149 (8th Cir. 2013).
• Obtained summary judgment in favor of a health care client on a former employee's claims under the Missouri Human Rights Act and federal law for disability and age discrimination and retaliation. Olsen v. Capital Region Medical Center, 2012 WL 1232271 (W.D. Mo. April 12, 2012)
• Obtained summary judgment in Texas state court in favor of a major oil company on a former employee's claims of age and race discrimination. Boykin v. Exxon Mobil (April 2012)