Bob is a principal at Gray Plant Mooty and concentrates his practice on franchise and distribution and commercial litigation.
Bob has extensive experience as a franchise litigator and counselor. For over twenty years, he has represented national franchisors in litigation with franchisees over issues of financial fraud, system standards, class actions, encroachment, trademark and trade dress infringement, and covenants not to compete. He specializes in addressing franchisee underreporting of sales, tax fraud, and related financial issues, both in and out of court. Bob has worked with major national franchisors to develop cutting edge programs to ensure the honest reporting of sales by franchisees and to address cases of intentional underreporting. He is a frequent speaker on this topic, and has presented programs at the American Bar Association’s Forum on Franchising, the International Franchise Association’s Legal Symposium, and the National Restaurant Association’s Internal Auditors’ Group annual meeting, and to the top executives, legal staff, and auditors of national franchisors.
Bob has tried many cases in federal and state courts throughout the U.S. and has handled many appellate matters. In addition to the franchise matters that he handles, he has litigated cases involving breach of contract, real estate, corporate and insurance coverage issues, product liability, and personal injury.
Bob is a frequent speaker on franchise and litigation issues.
Publications
- “Recent Developments in Consumer Class Actions,” Franchising World, July/Aug. 2003
- “Practical Considerations in Enforcing Standards,” 12 Franchise Law Journal 97, 1993
- "Criminal Liability for Violations of Federal Hazardous Waste Law: The 'Knowledge' of Corporations and Their Executives," 23 Wake Forest L. Rev. 203, 1988
Presentations
- "Protecting the Brand: Conducting Brand Compliance Audits," International Franchise Association's 50th Annual Convention, San Antonio, TX, 2010
- "Preparing and Winning Injunctions for Franchisees and Franchisors," roundtable facilitator, International Franchise Association's 42nd Annual Legal Symposium, Washington, DC, 2009
- "Detecting, Deterring, and Addressing Underreporting of Sales and Tax Fraud in Restaurant Franchises," 6th Annual Hospitality Law Conference, Houston, TX, 2008
- “A Practical Guide to Franchise Audit and Compliance Investigation Programs,” American Bar Association’s 28th Annual Forum on Franchising, Orlando, FL, 2005
- “Underreporting,” International Franchise Association’s 38th Annual Legal Symposium, Washington, DC, 2005
- National Restaurant Association Internal Auditors' Group, Annual Meeting, featured speaker, Miami, FL, 2005
- “Judicial Update II,” International Franchise Association’s 36th Annual Legal Symposium, Washington, DC, 2003
- “The Prevent Defense,” International Franchise Association’s Legal Roundtable Series, Washington, DC, 2001
- “A Critical Look at Alternative Dispute Resolution,” International Franchise Association’s 33rd Annual Legal Symposium, Washington, DC, 2000
- “Tort vs. Contract Claims and the Economic Loss Rule: The Impact of Meineke and Other Cases,” International Franchise Association’s 32nd Annual Legal Symposium, Washington, DC, 1999
- National Restaurant Association Internal Auditors' Group, Annual Meeting, featured speaker, Memphis, TN, 1999
Education
- Duke University, J.D., 1983
- Cornell University, 1980
Bar Admissions
- District of Columbia Bar
- U.S. Supreme Court
- U.S. Courts of Appeal for the Second, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Tenth, Eleventh and DC Circuits
- U.S. District Courts for the District of Columbia, the District of Colorado, the Northern District of Illinois, the District of Maryland, the Eastern District of Michigan, the Eastern District of Wisconsin, and the Eastern District of Texas
Professional Activities
- American Bar Association
- American Bar Association, Forum on Franchising
- International Franchise Association
Honors and Distinctions
- "Washington DC's Best Lawyers," The Washington Post, 2010
- "The Best Lawyers in America," Woodward/White, 2010
- The International Who’s Who of Franchise Lawyers, 2008, 2009