Editorial: Franchise in Illinois

01 October 2006

A product of cooperation between US states that regulate franchising and the Federal Trade Commission, the act streamlines the requirements franchisors must meet in Illinois and encourages further business development. In such a context, it comes as no surprise that the practice of franchise law is a highly competitive area holding some exceptionally talented individuals. 

This chapter highlights 17 practitioners from just six firms. It is clear that the leading firm for franchise work in Illinois is DLA Piper LLP. With seven DLA Piper practitioners listed on the following pages the firm holds a prominent position in the Illinois franchise market and houses an extraordinary array of talent. The firm’s preeminence in the state is just one string in the bow of its internationally acclaimed franchising and distribution practice. 

DLA Piper LLP is home to the chapter’s most highly nominated individual, the exceptional Lewis Rudnick, who was described to researchers as “one of the leading lights” in the Illinois franchise bar and “the king of franchise law”. With a domestic and international franchise and distribution practice Rudnick also acts as counsel to the International Franchise Association. Among other duties, this role entails supervising the preparation of amicus curiae briefs filed by the association in significant franchising cases before the US Supreme Court, Courts of Appeal, and state supreme and appellate courts. Alongside Rudnick stands the “tremendous” Michael Brennan. Brennan is past chair of the international franchising section of the International Bar Association and speaks widely on the subject. Dennis Wieczorek was also very highly nominated and is the co-chair of the firm’s franchise and distribution practice group. Wieczorek is the current chairman of the American Bar Association Forum on Franchising and these positions afford him a high profile, reflected in his multiple nominations. 

The “first-class” Joseph Sheyka is co-author of General Franchising Considerations, published by the Illinois Institute for Continuing Legal Education in Organising and Advising Illinois Businesses. Stuart Hershman was tipped by one respondent to be “one of the best in the business”. Hershman is recognised for his “innovative structuring of new franchise programmes” that puts him “miles ahead”, in the eyes of one source. Marc Seidler focuses on franchise litigation and arbitration. He previously served as first assistant state attorney for Lake County, Illinois and came to DLA Piper’s Chicago office in 2005. The “level-headed and supremely talented” Fredric Cohen joins the firm’s contingent in this chapter. A member of both the litigation, and franchise and distribution practice groups Cohen’s franchise practice has a contentious focus and he has represented clients in state and federal trial and appellate courts across the US. 

Another firm that has made its mark on the Illinois franchise market is Sonnenschein Nath & Rosenthal LLP. The firm’s John Baer is “absolutely top-notch” in the eyes of one of our sources, his domestic and international practice earning him a great deal of respect on an international scale. Partner Alan Silberman is also a leader in the field. A “big personality [with] a great reputation” Silberman is the chair of Sonnenschein’s national antitrust, marketing practice, franchise and distribution group and has acted as outside counsel in franchise related matters for clients including McDonald’s and Intercontinental Hotels Group. Joining Baer and Silberman, and completing what is regarded from within the industry as a “formidable team”, is the “highly regarded” Robert Joseph. He has specific knowledge of distribution issues on behalf of the franchisor and has been involved with such matters on behalf of clients including McDonald’s. 

Mayer Brown Rowe & Maw LLP sees three of its partners in this chapter. Lee Abrams is the leader of the pack, receiving the most nominations at the firm. Abrams has a “top-notch practice” that includes representing franchisors such as Burger King and Shell Oil, franchisees and associations such as the Pizza Hut franchisee association. Colleague Diane Green-Kelly is an “experienced litigator” and represents both franchisors and franchisees. Mark Mclaughlin is another feather in Mayer Brown’s cap. His focus on franchise-related work through dealers adds another dimension to the firm’s practice. 

Schiff Hardin LLP also stakes a claim as one of the leading franchise firms in the state with two of its partners listed in the chapter. Clients and peers alike praised Paula Morency for her “tremendous ability” and “consummate skill” in franchise class actions. The leader of Schiff Hardin’s intellectual property group, Morency is joined in the chapter by her colleague, the “brilliant” Robin Spencer. A member of the editorial board of the American Bar Association Franchise Law Journal, Spencer concentrates her franchise practice on dispute resolution. 

Two individuals, whose talents draw their respective firms into the limelight, must also be noted. Jonathan Bunge from Kirkland & Ellis LLP is, according to at least one source, a “wonderful lawyer” with notable trial experience from his time as a federal prosecutor. Bunge is well known within the franchise community for his representation of the McDonald’s Corporation. In 2004 and 2005 Bunge was counsel for McDonald’s in McDonald’s v MotManCo et al, a preliminary injunction action brought by McDonald’s regarding disputes with entities holding 20 McDonald’s franchises. He was more recently retained as appellate counsel for the company in an ongoing appeal of a $16.5 million judgment received against the fast-food giant in a dispute with a former franchisee. Finally, we highlight the “incredible energy and ability” of Carmen Caruso from Schwartz Cooper Chartered. With recent cases including Maplewood Investments v 7- Eleven Inc, Dunkin Donuts v Cherian et al and Berggren v Bang & Olufsen to his name, Caruso is, according to our sources, “at the top of the game”.

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