Mike represents companies and individuals in trial, arbitration, and other civil proceedings throughout the United States. As a member of the firm’s Franchise and Distribution practice group, Mike is lead litigation counsel for several national franchise companies and has litigated, arbitrated, and mediated complex commercial cases in over 37 states involving issues such as standards enforcement, trademark infringement, fraud, nonpayment of royalties, earnings claims, RICO, tortious interference, sale of unregistered franchises, and post-termination enforcement. For individuals and business clients, Mike provides counsel on a wide range of issues including employment law, contract disputes, protection and exploitation of intellectual property, trade secret protection, and noncompete enforcement. Mike is experienced in guiding clients through the dispute resolution process, whether through litigation, arbitration, mediation, or negotiation.
Mike has written and presented materials on franchise, litigation, and intellectual property topics for the American Bar Association Forum on Franchising, the International Franchise Association, St. Thomas University, the Minnesota Institute of Legal Education, the Business Law Institute, the Practising Law Institute, and the American International Property Law Association.
Representative Cases
- Outdoor Lighting Perspectives Franchising, Inc. v. Perlmutter, et al, 2012 U.S. Dist. LEXIS 53583 (W.D.N.C. 2012) (injunction enforcing post-expiration noncompete agreement against former franchisees)
- Outdoor Lighting Perspectives Franchising, Inc. v. Home Amenities, Inc.et al, 2012 U.S. Dist. LEXIS 5406 (W.D.N.C. 2012) (injunction enforcing post-expiration noncompete agreement against former franchisees)
- Holtan Holdings, Inc. v. American Pie Pizza and Salads, Inc., 2010 U.S. Dist. Lexis 112353 (D. Minn. 2010) (defendant's motion to dismiss complaint granted)
- Cleveland v. AmeriSpec, Bus. Franchise Guide (CCH) 14,267 (Fla. Cir. Ct. 2009) (summary judgment dismissing franchisee claims)
- AmeriSpec v. Psaris, Bus. Franchise Guide (CCH) 14,234 (W. Tenn. 2009) (injunction enforcing post-termination noncompete agreement after half-day court trial)
- HomeTask Handyman Services, Inc. v. Cooper, 2007 WL 3228459, Bus. Franchise Guide (CCH) 13,767 (W.D. Wash. 2007) (injunction enforcing modified noncompete agreement against former franchisee)
- ServiceMaster v. Asaad, et al, Bus. Franchise Guide (CCH) 13,653 (W.D. Tenn. 2007) (injunction enforcing post-termination noncompete agreement against former franchisee)
- ServiceMaster v. Hooker, et al, Bus. Franchise Guide (CCH) 13,457 (W.D. Tenn. 2006) (injunction enforcing post-termination noncompete agreement against former franchisee and other nonsignatories after two-day court trial)
- Merry Maids v. WWJD Enterprises, Inc., Bus. Franchise Guide (CCH) 13, 383 (D. Neb. 2006) (injunction enforcing post-expiration noncompete agreement against former franchisee and other nonsignatories after two-day court trial)
- Nolan v. HCX Salons International, LLC, Bus. Franchise Guide (CCH) 13,049 (D. Minn. 2005) (order enforcing arbitration clause; franchisee’s claims dismissed)
- Ross v. Culver Franchising System, Inc., 2004 WL 1898235 (N.D. Ill., Aug. 16, 2004) (summary judgment dismissing franchisee claims)
- BTX Enterprises, Inc. v. The Terminix International Co., L.P. Case No. 2:02-CV-860 (S.D. Ohio 2004) (unanimous verdict in favor of franchisor after two week jury trial).
- Furniture Medic v. Jantzen, Bus. Franchise Guide (CCH) 12,749 (D. Az. 2003) (permanent injunction enforcing post-term noncompete agreement after three-day court trial)
- Floor Coverings, Inc. v. Werning, Bus. Franchise Guide (CCH) 12,422 (D.S.D. 2002) (denial of franchisee summary judgment)
- D&J Master Clean, Inc. v. The ServiceMaster Company, 181 F. Supp. 2d 821 (S.D. Ohio 2002) (denial of request for preliminary injunction against franchisor after two-day court trial)
- AmeriSpec v. Metro Inspection Services, Inc., Bus. Franchise Guide (CCH) 12,130 (N.D. Tex. 2001) (injunction enforcing post-termination noncompete agreement)
- ServiceMaster v. Proctor, Bus. Franchise Guide (CCH) 12,251, 12,252 (D. Neb. 2001) (injunction enforcing post-termination noncompete agreement after two-day court trial)
- ServiceMaster v. Westchester Cleaning Services, Inc., Bus. Franchise Guide (CCH) 12,073 (S.D.N.Y. 2001) (injunction enforcing post-termination noncompete agreement)
- Floor Coverings Int’l, Ltd. v. Lott, Bus. Franchise Guide (CCH) 11,776 (W.D. Ok. 2000) (injunction enforcing post-termination noncompete agreement)
- New Eden, Inc. v. Bio Earth, Inc., Bus. Franchise Guide (CCH) 11,944 (N.D. Ok. 2000) (injunction enforcing post-termination noncompete agreement after three-day court trial)
- Shade’s Landing, Inc. v. Williams, 76 F. Supp. 2d 983 (D. Minn. 1999) (denial of injunction in domain name dispute)
Publications
- “Covenants Against Competition in Franchise Agreements,” American Bar Association Forum on Franchising, Michael R. Gray and Natalma M. McKnew, editors (3rd ed. 2012).
- “Advanced Trademark Annual Review 2012,” Practising Law Institute 2012
- “Franchise Desk Book,” (American Bar Association Forum on Franchising, W. Michael Garner ed, 2nd ed 2008) (chapter editor)
- “Covenants Not to Compete and Nonsignatories: Enjoining Unfair Conspiracies,” 25-WTR Franchise L.J.107, Winter 2006
Presentations
- “Extraterritorial Reach of the Lanham Act,” American Intellectual Property Law Association Annual Meeting, Washington DC, October 26, 2012
- “Extraterritorial Application of the Lanham Act,” Practising Law Institute, New York, New York, May 1, 2012
- “Distressing Transfers in Troubled Times: Thorny Issues in Transferring Financially Troubled Franchisees,” IFA'S 51st Annual Convention, Las Vegas, Nevada, February 15, 2011
- “Frequent Arising Issues in Litigation,” 43rd Annual IFA Legal Symposium, Washington, DC, May 2010
- “Non-Competes: Should We Use One?,” International Franchise Association 41st Annual Legal Symposium, Washington, DC, May 2008
- “Managing Litigation Costs,” International Franchise Association 48th Annual Convention, Orlando, Florida, February 2008
- “FACTA and Franchising: Are Your Franchisees Truncating Credit Card Numbers?,” International Franchise Association 48th Annual Convention, Orlando, Florida, 2008
- “The Legal Aspects of Franchising,” Guest Lecturer, Northwestern College Entrepreneurship Class, St. Paul, Minnesota, September 2007
- “Exit Strategies: Getting Your Franchise Ready to Sell,” International Franchise Association 47th Annual Convention, Las Vegas, Nevada, February 2007
- “The Enforcement of Covenants Against Competition,” American Bar Association 28th Annual Forum on Franchising, Orlando, Florida, October 2005
- “Noncompetition and Confidentiality Agreements,” Gray Plant Mooty Corporate Counsel Breakfast Group, Minneapolis, Minnesota, September 2005
- “Frequently Arising Issues in Litigation,” International Franchise Association 38th Annual Legal Symposium, Washington, DC, May 2005
- “Enforcing System Standards While Minimizing Franchisor Liability,” Gray Plant Mooty Seminar, Minneapolis, Minnesota, June 2004
- “When the Relationship Sours: Advising Clients in Troubled Distribution, Franchise and Joint Venture Relationships,” Business Law Institute, Minneapolis, Minnesota, August 2002
- “Terminating the Relationship—Common Mistakes and Preventive Measures,” International Franchise Association Legal Roundtable, Denver, Colorado, March 2001
Education
- Hamline University School of Law, J.D., 1986
- University of Wisconsin–Madison, B.B.A., 1983
Bar Admissions
- Fourth Circuit Court of Appeals, 2012
- U.S. District Court, Western District of Tennessee, 2007
- U.S. District Court, Western District of Michigan, 2006
- U.S. District Court, District of Colorado, 2004
- Sixth Circuit Court of Appeals, 2002
- Ninth Circuit Court of Appeals, 2002
- U.S. District Court, Eastern District of Wisconsin, 2002
- U.S. District Court, Northern District of Illinois, 2001
- U.S. District Court, Eastern District of Michigan, 2001
- U.S. District Court, Western District of Wisconsin, 1993
- Eighth Circuit Court of Appeals, 1993
- U.S. District Court, District of Minnesota, 1986
- Minnesota Supreme Court, 1986
Professional Activities
- American Bar Association, Forum on Franchising
- Federal Bar Association
- International Franchise Association, Legal/Legislative Committee
Honors and Distinctions
- “Legal Eagle,” Franchise Times, 2007-2013
- Certified Franchise Executive™, Institute of Certified Franchise Executives
- “The Best Lawyers in America,” Woodward/White, 2010-2013
- The International Who’s Who of Franchise Lawyers, 2010-2012
- “Super Lawyer®,” Thomson/Reuters, 2006-2012
Community Involvement
- Volunteer Lawyers Network, pro bono volunteer
- Church of The Open Door, Publishing Review Committee, member
- Centennial Area Education Foundation, board of directors