Kirk, a trial lawyer and principal with the firm, is a cochair of the 27-member Franchise & Distribution practice group. Kirk has represented franchisors in litigation since 1983 and has tried cases involving the franchise relationship, earnings claims, fraud, breach of contract, advertising funds, encroachment, false advertising, liquidated damages and vicarious liability before judges, juries, and arbitration panels across the United States. In addition, he has also successfully tried employment, wrongful death, professional negligence, and toxic tort cases before Minnesota juries. Kirk is certified as a civil trial specialist by the National Board of Trial Advocacy (NBTA) and the Minnesota State Bar Association Civil Trial Certification Council.
Experience
- Country Inns & Suites By Carlson, Inc. v. Nayan, LLC and Ravindra Patel, 1:08-cv-624-SEB-DML (S. D. Ind. June 9, 2009) (court awards summary judgment to franchisor on its claims for liquidated damages in excess of $387,000 and awards $81,000 in attorneys’ fees)
- Country Inns & Suites By Carlson, Inc. v. Interstate Properties, LLC, No. 08-16850, (United States Court of Appeals for the Eleventh Circuit, May 12, 2009) (appellate court affirms trial court’s award of summary judgment to franchisor enforcing liquidated damages clause)
- Country Inns & Suites By Carlson, Inc. v. Nayan, LLC and Ravindra Patel, 1:08-cv-624-SEB-DML (S. D. Ind. October 28, 2008) (court grants motion for preliminary injunction forcing former franchisee to cease use of marks and de-identify hotel)
- Country Inns & Suites By Carlson, Inc. v. Interstate Properties, LLC, cv-00104-JA-DAB (M.D. Fla. July 16, 2008) (summary judgment for franchisor in excess of $340,000 [plus attorneys’ fee] determining that liquidated damages provision enforceable)
- Radisson Hotels International, Inc. v. Olde Hampton Hotel Associates, et al., Civ. No. 4:07cv64 (E.D. Va. January 15, 2008) (defendants' motion to dismiss denied--individual partnerships liable to franchisor for breach of contract)
- Radisson Hotels International, Inc. v. Majestic Towers, Inc., cv 06-4956 SVW (RCx) (C.D. Cal. Jan. 25, 2007) (summary judgment for franchisor in excess of $1 million determining that liquidated damages provision enforceable and calling continued vitality of Postal Instant Press v. Sealy decision into question)
- William F. Healy and Red Carpet Travel v. Carlson Travel Network Associates, Inc., 227 F. Supp. 2d 1080 (D. Minn. 2002) (summary judgment dismissing franchisee claims)
- William E. Cisson, et al. v. Carlson Travel Network Associates, Inc., Civ. No. 6: 01-3243-24 (D. S.C. Dec. 26, 2001) (motion to transfer case to Minnesota granted; forum selection clause enforced)
- Country Inns & Suites by Carlson, Inc. v. Two H.O. Partnership, et al., No. 01-cv-1214, 2001 WL 1587903 (D. Minn. Nov. 19, 2001) (injunction against former franchisee enforcing post-termination de-identification requirements)
- Drolett Travel, Inc. v. Carlson Travel Associates, Inc., No. 5:97-CV-180 (W.D. Mich. June 22, 1998) (summary judgment dismissing franchisee claims)
- Cimarron Partners I v. Choice Hotels Franchising, Inc., Civ. No. 98-1751 (JRT/FLN) (D. Minn. Dec. 29, 1998) (order enforcing arbitration clause; franchisee’s claims dismissed)
- Gaga Rani Corp. v. Choice Hotels Franchising, Inc., Civ. No. 98-1914/RHK/JMM (D. Minn. Nov. 16, 1998) (order enforcing arbitration clause; franchisee’s claims dismissed)
- The Barbers, Hairstyling for Men & Women, Inc. v. Lela Bishop, 132 F.3d 1203 (7th Cir. 1997) (7th Circuit reverses trial court and orders that putative class action be dismissed and arbitration clauses enforced)
- Novus du Quebec, Inc. v. Novus Franchising, Inc., Bus. Franchise Guide (CCH) ¶10,823 (D. Minn. 1995) (franchisee’s motion for preliminary injunction denied; franchisor’s termination of area development agreement allowed to proceed)
Publications
- “Litigator Q&A,” Minneapolis St. Paul Business Journal, May 9, 2008
- “Franchisors as Third-Party Beneficiaries of Master Franchise Agreements—A Matter of Intent,” ABA Franchise Law Journal, Spring 2007
- “What Do You Look For in a Juror or Arbitrator,” Franchise Times, Feb. 2007
- “Fast Food and Obesity—The Last Stand for Personal Responsibility,” Minneapolis Star Tribune, Jan. 4, 2004
Presentations
- “Determining the Rules of Engagement in Litigation Here and Abroad,” American Bar Association 31st Annual Forum on Franchising, Austin, TX, Oct. 2008
- “Judicial Update,” International Franchise Association 41st Annual Legal Symposium, Washington, DC, May 2008
- “Litigation After Acquisition of a Competing Franchise System,” American Bar Association 29th Annual Forum on Franchising, Boston, MA, Oct. 2006
- “Franchisor Website Issues,” International Franchise Association 38th Annual Legal Symposium, Washington, DC, May 2005
Education
- William Mitchell College of Law, J.D., cum laude, 1983
William Mitchell Law Review, editor - St. Cloud State University, B.S., cum laude, 1979
Bar Admissions
- U.S. District Court, Middle District of Florida, 2008
- U.S. District Court, Eastern District of New York, 2008
- U.S. District Court, Southern District of New York, 2007
- U.S. District Court, Southern District of California, 2003
- U.S. District Court, Central District of California, 2003
- U.S. District Court, Western District of Arkansas, 2003
- U.S. District Court, District of New Jersey, 2003
- U.S. District Court, Southern District of Ohio, 2003
- U.S. District Court, Southern District of South Dakota, 2003
- U.S. District Court, District of Oregon, 2002
- U.S. District Court, Northern District of Florida, 2002
- U.S. District Court, District of South Carolina, 2001
- U.S. District Court, District of Wisconsin, 2001
- U.S. District Court, District of Colorado, 2001
- U.S. District Court, Northern District of Georgia, 2000
- U.S. District Court, Western District of Michigan, 1998
- U.S. District Court, Northern District of Texas, 1998
- U.S. District Court, Northern District of Illinois, 1997
- U.S. Court of Appeals, Seventh Circuit, 1997
- U.S. Court of Appeals, Ninth Circuit, 1994
- U.S. Court of Appeals, Eighth Circuit, 1990
- U.S. District Court, District of Minnesota, 1983
- Minnesota, 1983
Professional Activities
International Franchise Association (IFA), Legal/Legislative Committee
American Bar Association (ABA), Forum on Franchising, Litigation and Dispute Resolution (LADR) Oversight Committee
Minnesota State Bar Association
Academy of Certified Trial Lawyers of Minnesota
Certified as a Civil Trial Specialist by both the National Board of Trial Advocacy (NBTA) and the Minnesota State Bar Association Civil Trial Certification Council
Honors and Distinctions
- "Super Lawyer," Minnesota Law & Politics, 2000-2009
- "Legal Eagle,” Franchise Times, 2006-2010
- A.V. rated—Martindale Hubbell Peer Ratings
Community Involvement
- American Red Cross, Apheresis Program