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 36 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 and litigation topics for the American Bar Association Forum on Franchising, the International Franchise Association, St. Thomas University, the Minnesota Institute of Legal Education, and the Business Law Institute.
Representative Cases
- 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
- “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
- “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, FL, February 2008
- “FACTA and Franchising: Are Your Franchisees Truncating Credit Card Numbers?,” International Franchise Association 48th Annual Convention, Orlando, FL, 2008
- “The Legal Aspects of Franchising,” Guest Lecturer, Northwestern College Entrepreneurship Class, St. Paul, MN, September 2007
- “Exit Strategies: Getting Your Franchise Ready to Sell,” International Franchise Association 47th Annual Convention, Las Vegas, NV, February 2007
- "The Enforcement of Covenants Against Competition," American Bar Association 28th Annual Forum on Franchising, Orlando, FL, October 2005
- "Noncompetition and Confidentiality Agreements," Gray Plant Mooty Corporate Counsel Breakfast Group, Minneapolis, MN, 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, MN, June 2004
- "When the Relationship Sours: Advising Clients in Troubled Distribution, Franchise and Joint Venture Relationships," Business Law Institute, Minneapolis, MN, Aug. 2002
- "Terminating the Relationship—Common Mistakes and Preventive Measures," International Franchise Association Legal Roundtable, Denver, CO, March 2001
Education
- Hamline University School of Law, J.D., 1986
- University of Wisconsin–Madison, B.B.A., 1983
Bar Admissions
- U.S. District Court, 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, 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
- "The Best Lawyers in America," Woodward/White, 2010
- "Super Lawyer" (franchising), Minnesota Law & Politics, 2006-2009
- "Legal Eagle," Franchise Times, 2007-2010
Community Involvement
- Church of The Open Door, Publishing Review Committee, member
- Centennial Area Advocates for Responsible Education (CAARE), cofounder and president
- Centennial Area Education Foundation, board of directors
- MYSA Youth Soccer Coach