Arthur is a member of Gray Plant Mooty’s Franchise & Distribution practice group. He has more than 30 years of experience counseling and representing clients on franchising and antitrust matters. In addition to his extensive experience with franchise and antitrust litigation, Arthur counsels franchisors on a wide range of issues, including franchisee and franchise system disputes, structuring franchise arrangements, and ownership of competing franchise systems.
Arthur previously served in the U.S. Department of Justice as special assistant to the assistant attorney general in charge of the Antitrust Division. He was also a member of the Antitrust Division’s Special Trial and Appellate sections.
Experience
- Represented major franchisor in antitrust suit after franchisee class certified; worked successfully to get class certification reversed on interlocutory appeal, thereby ending the case in franchisor’s favor
- Represented major franchisor in successfully defending antitrust suit challenging acquisition of its principal competitor
- Worked with franchisors of varying sizes and in various industries to structure, document, renew, and revise their franchise arrangements
- Member of trial team that successfully represented national franchisor in multi-jurisdiction litigation with its largest franchisees regarding the non-renewal and valuation of their franchises
- Successfully defended major franchisor in litigating and settling suit by franchisee association; thereafter, invited to counsel franchisor in major strategic planning project
- Counseled numerous clients on issues arising from ownership of competing franchise systems
- Persuaded Department of Justice not to challenge merger of foodservice industry competitors
- Obtained summary judgment in favor of major franchisor confirming its right to determine the composition of advertising cooperatives
- Obtained appellate reversal of district court denial of preliminary injunction against franchisee who refused to de-identify after termination
- Assisted internationally known franchisor in formulating and negotiating European arrangements
Publications
- “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
- “Domino Effect? Circuits Topple Tying-Claim Cases,” The National Law Journal, coauthor, February 16, 1998
- “Legal Aspects of Selling and Buying,” McGraw Hill, 2d ed., contributing author, 1991
- “Franchising: A Distribution Technique and Its Regulation,” The Computer Lawyer, April 1985
- “Antitrust Counseling and Litigation Techniques,” LexisNexis® Matthew Bender®, contributing author, 1983
Presentations
- “Tying, Exclusive Dealing, and Franchising Issues,” Practising Law Institute's 50th Annual Antitrust Law Institute, May 11-12, 2009
- “Controlling Franchisee Pricing After Leegin,” American Bar Association Forum on Franchising, 2008
- “Franchising as a Turnaround Technique,” Turnaround Management Association Annual Conference, 2000, Baltimore, MD
- “Dual Branding and Combination Franchising: Issues for Host and Tenant Franchise Networks,” International Franchise Association Annual Legal Symposium, 1996
- “Franchising: The Current Climate and Emerging Issues,” 10th Annual Hotel Industry Investment Conference, 1995
- “Developments in Tying Law: Franchising Meets the ‘Dismal Science’,” International Franchise Association Annual Legal Symposium, 1994
- “Fundamentals of Franchising: Antitrust Law,” American Bar Association Forum on Franchising, 1993
- “Pricing Issues in Dealer and Franchise Relationships,” American Bar Association Forum on Franchising, 1993
- “Franchise Terminations: Issues and Strategies,” moderator, American Bar Association Antitrust Section Spring Meeting, 1991
- “Franchise Company Acquisitions: The Litigation Record,” American Bar Association Forum on Franchising, 1990
- “Judicial Developments Affecting Franchising,” International Franchise Association Annual Legal Symposium, 1989
- “Resale Price Maintenance, Including Dealer Terminations,” American Bar Association, National Institute: Compliance and Counseling in the New Antitrust Era, 1988
- “Combination Franchising,” International Franchise Association Annual Legal Symposium, 1987
- “Franchise Advertising Programs,” moderator, International Franchise Association Annual Legal Symposium, 1986
- “Special Problems of the Branded Product Franchisor,” American Bar Association Forum on Franchising, 1985
- “The World of Franchising-Forum ’85,” Retail Council of Canada, 1985
- “Terminations of Dealers, Distributors and Franchisees,” Practising Law Institute, Marketing Institute, 1983
Education
- Harvard Law School, LL.B.
- Columbia University, A.B.
Bar Admissions
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Appeals, District of Columbia Circuit
- U.S. District Court, District of Columbia
- U.S. District Court, District of Colorado
- Washington, DC
Professional Activities
- American Bar Association
Task Force on Franchise Legislation and Regulation, vice chair—sourcing, 1998; Franchising and Dealership Committee, Section of Antitrust Law, chair, 1991-1993; vice chair, 1988-1991
Forum on Franchising - Bar Association of the District of Columbia
- Practising Law Institute’s Antitrust Law Institute, faculty, 1995-2009
Honors and Distinctions
- "Legal Eagle," Franchise Times, 2010
- "Washington DC's Best Lawyers," The Washington Post, 2010
- “The Best Lawyers in America,” Woodward/White, 2006-2010
- Who’s Who Legal, The International Who’s Who of Business Lawyers, 2003-2009