Peter is a principal in Gray Plant Mooty’s Franchise & Distribution practice group and concentrates his practice on franchise litigation. Peter is one of the most experienced franchise trial and appellate lawyers in the country. He has represented many of the largest franchisors in federal and state courts and arbitration proceedings throughout the United States and is a well-respected leader of the franchise bar.
Peter previously served in the U.S. Department of Justice as an attorney-advisor in the Office of Legal Counsel. He was also a trustee and chairman of the Dalkon Shield Other Claimants Trust. Additionally, Peter served as a law clerk to the Honorable Robert R. Merhige Jr. in the U.S. District Court for the Eastern District of Virginia.
Representative Cases
- In H&R Block Tax Services LLC v. Franklin, obtained reversal by the Eighth Circuit Court of Appeals of summary judgment entered by the district court, establishing an important refinement of Missouri law regarding automatic renewal rights
- In Hardee’s Food Systems, Inc. v. Hallbeck, won summary judgments upholding the franchisor’s right to pursue a claim for lost future profits against a franchisee that had abandoned its unit and dismissing the franchisee’s claim that the franchisor had breached the implied covenant of good faith and fair dealing by approving a controversial advertising campaign that the franchisee alleged had damaged its business
- In Wild v. H&R Block Tax Services LLC, obtained a unanimous award from a panel of three arbitrators upholding the franchisor’s right to require its franchisee to use new technology that was not anticipated or directly addressed when the franchise agreement was drafted
- In JBW Partnership v. H&R Block, Inc., won a favorable jury verdict in an extended state court trial over the valuation of one of the franchisor’s oldest and largest franchisees as part of a contractual purchase upon nonrenewal, leading to the favorable settlement of nearly a dozen similar cases
- In Franklin 1989 Revocable Family Trust v. H&R Block, Inc., won a favorable award in precedent-setting arbitration challenging the franchisor’s distribution of services through new technologies
- In Armstrong v. H&R Block, Inc., won, and successfully defended on appeal, summary judgment declaring that franchise agreement language providing for unlimited “automatic” renewals did not create enforceable perpetual agreements and that agreements containing that language would expire at the end of their current terms
- In National JBX Franchisee Association, Inc., et al. v. Foodmaker, Inc., successfully represented the franchisor of the JACK IN THE BOX chain against claims brought by its franchisee association and most of its franchisees individually alleging, among other claims, improper handling of supplier promotional payments and interference with franchisees’ rights of association
- In Romano v. MRO Mid-Atlantic Corp., et al., and related cases, successfully defended multiple lawsuits challenging a decision by the franchisor of the ROY ROGERS chain to sell all of its company-owned restaurants to competitors
- In S&R Corp. v. Jiffy Lube Int’l, represented the International Franchise Association as amicus curiae in the seminal federal appellate case establishing that a franchisee’s claim of prior breach by its franchisor could not block termination of the franchise based on the franchisee’s failure to pay royalties
- In Test Services, Inc. v. The Princeton Review, Inc., won a federal district court bench trial resulting in the dismissal of all of a large franchisee’s attacks on a requirement in its franchise agreements that it enter into the franchisor’s current form of franchise agreement if the franchisee wished to exercise an option to renew
- In Burger King Corp. v. Hardee’s Food Systems, et al., won summary judgment for the defendant franchisor in an action challenging its refusal to allow one of its franchisees to transfer 39 franchised restaurants to a competitive system
- In H&R Block, Inc. v. Rezzonico, won summary judgment in a federal district court on more than a dozen claims by the franchisor growing out of a scheme by a franchisee to conceal and evade royalties on business done through a competitive business and more than half a dozen claims by the franchisee in response, and obtained dismissal of the franchisee’s appeal of those rulings and denial of the franchisee’s petition for certiorari to the United States Supreme Court
- In Boddie Noell Ents. v. Hardee’s Food Systems, Inc., won an arbitration establishing the franchisor’s right to deny further development rights to one of its largest franchisees that had developed a competing chain that did not operate in the areas prohibited by its covenants not to compete
- Successfully represented several franchisors in system-wide litigation brought by their franchisee associations
Publications
- “Law on Covenants Against Competition Shifts Toward Greater Enforceability by Franchisors,” coauthor, Franchise Law Journal, Volume 31, Number 2, Fall 2011
- “Ethical Risks in Misleading a Mediator,” The Franchise Lawyer, ABA Forum on Franchising, Vol. 13 No. 3, Summer 2010
- “In-Term And Post-Term Restraints In Franchising: A Comparative Analysis,” International Bar Association, International Franchising Committee Newsletter (Conference Report), Vol. 12, No. 2, November 2008
- “An Unheralded Stake Through the Heart of Siegel v. Chicken Delight and a New Climate for Franchise Tying Claims,” Franchise Law Journal, coauthor, Summer 2008
- “Franchisees in Federal Receivership: Strategic Considerations for Franchisors,” Franchise Law Journal, Vol. 6, No. 2, coauthor, Fall 2006
- “Princeton Review Litigation Puts Renewal Condition to the Test,” International Journal of Franchising Law, Vol. 4, Issue 2, coauthor, May 18, 2006
- “Covenants Against Competition in Franchise Agreements,” ABA Books, editor-in-chief and co-author, 2003
- “Domino Effect? Circuits Topple Tying-Claim Cases,” The National Law Journal, February 16, 1998
- “Franchise Litigation Manual,” Federal Publications, 1996
- “Covenants Against Competition in Franchise Agreements,” ABA Books, editor-in-chief and co-author, 1992
Presentations
- “Dispute Resolution International Style,” ABA Forum on Franchising Annual Meeting, Los Angeles, California, October 4 - 5, 2012
- “Out With the Old and In With the New: Making Major Changes in Your System within the Bounds of Your Franchise Agreement,” Moderator, International Franchise Association 45th Annual Legal Symposium, Washington, DC, May 2012
- "Fundamentals Of Franchising," ABA Forum On Franchising Annual Meeting, San Diego, California, October 13, 2010
- "A Best of The 32nd Annual Forum on Franchising Seminar: The Use of Mediation in Negotiating Franchise Disputes," copresenter, The ABA Center for Continuing Legal Education, December 3, 2009
- "Mediating Franchising Disputes," ABA Forum on Franchising Annual Meeting, October 15, 2009, Toronto, Canada
- “Deep in the Heart of Franchising,” cochair, American Bar Association’s 31st Annual Forum on Franchising, October 15-17, 2008, Austin, Texas
- “In-Term and Post-Term Restraints: A Comparative Analysis,” IFA/IBA 24th Annual Joint Conference, May 14, 2008, Washington, DC
- “Vicarious Liability Roundtable,” moderator, International Franchise Association 41st Annual Legal Symposium, May 13, 2008, Washington, DC
- “Tips from the Litigators’ Perspective on Advanced Drafting,” ABA Forum on Franchising Annual Meeting, October 20-21, 2005, Orlando, Florida
- “Website and Internet Issues in Franchising,” International Franchise Association Legal Symposium, May 24, 2004, Washington, DC
- “Arbitration and Mediation in International Franchise Relationships,” International Bar Association Annual Meeting, September 18, 2003, San Francisco, California
- “Covenants Against Competition in Franchise Agreements,” International Franchise Association Legal Symposium, May 12, 2003, Washington, DC
- “Mock Arbitration of an International Franchise Divorce,” International Franchising Committee of the International Bar Association Annual Meeting, May 15, 2002
- “Judicial Update Plenary Session,” International Franchise Association Legal Symposium, May 14, 2002
- “Emerging Franchisors Business Solutions Roundtable,” International Franchise Association Annual Convention, February 12, 2002, Orlando, Florida
- ”Preparing Expert Witnesses in Franchising Cases,” International Franchise Association Legal Symposium, May 16, 2000, Washington, DC
- “Drafting Franchise Agreements so that Disputes are Defined by the Parties Rather than the Courts,” ABA Forum on Franchising Annual Meeting, October 19-20, 1998
- “Ethical Issues in Franchise Litigation,” Virginia Bar Association Franchise and Trade Regulation Section and Maryland Bar Association Franchise and Distribution Law Committee Conference on Understanding and Negotiating Franchise Agreements, June 30, 1998
- “Walking the Straight and Narrow: Ethics Issues in Franchise Litigation,” ABA Forum on Franchising Annual Meeting, October 11-13, 1995
Education
University of Virginia School of Law, J.D., Order of the Coif
Virginia Law Review, editorial board
The University of Chicago, M.A.
University of Virginia, B.A.
Bar Admissions
- Supreme Court of the United States
- U.S. Courts of Appeals for the Second, Third, Fourth, Seventh, Eighth, Ninth, Eleventh, and District of Columbia Circuits
- U.S. District Courts for the District of Columbia, District of Colorado, Eastern District of Arkansas, Eastern District of Virginia, Eastern District of Wisconsin, Northern District of California, and Western District of Arkansas
- Virginia
- Washington, DC
Professional Activities
American Bar Association, Forum on Franchising
Member of Governing Committee, 2007-2010
2008 Annual Meeting, cochair
Honors and Distinctions
- “Legal Eagle,” Franchise Times, 2004-2013
- “The Best Lawyers in America,” Woodward/White, 2006-2013
- The International Who’s Who of Franchise Lawyers, 2003-2012
- Named one of the top franchise law attorneys by Chambers USA: America’s Leading Lawyers for Business, 2007-2012
- “Washington DC’s Best Lawyers,” The Washington Post, 2010
- “Super Lawyer,” Washington DC Super Lawyers, 2008-2013
- Special Commendation for Outstanding Service, Office of Legal Counsel, United States Department of Justice, 1976