Litigation Support
David Holmes brings over 35 years of experience in domestic and international franchising with both large and small systems, as well as having chaired or served on numerous franchise-related boards, commissions and committees, both at the state and national level.
He has been selected by his peers as a “legal eagle” in the franchising community and has been also listed in The International Who's Who of Franchise Lawyers, as well as being the Executive Editor of the California Continuing Education of the Bar (CEB) book on the subject.
He has provided support services, including both analysis and expert testimony/reports, for litigation counsel handing cases involving franchising for a number of years, including assisting counsel who do not have an extensive background in franchising. His expert witness testimony has been acknowledged as being presented in an straight-forward manner easily understandable by both judges who have not practiced in the area and by juries.
David has been retained by both counsel for Franchisors, as well as for Franchisees, depending on the case.
Illustrative Cases
• One recent case involved a claim by a Franchisee’s customer against both the Franchisee and the Franchisor, predicated in part on an agency theory.
In working with litigation counsel, we were able to develop an alternative theory of the case, which fit the fact pattern presented and resulted in substantial amendments to the pleadings.
After our deposition, the case almost immediately settled, on terms which counsel which had hired us reported were very satisfactory to their client. Counsel stated that our “cogent analysis and helpful information . . . was indispensable in assisting our clients in the settlement.”
• Another case involved complex questions of the Franchisor’s responsibility regarding franchise registration and disclosure obligations, under both Federal and California law, ultimately relating to liability issues. Our services included:
Educating counsel as to the relevant provisions and requirements.
Three days of testimony at deposition and three days of testimony at trial, including examination by multiple counsel for the opposing side.
The jury’s findings re liability were consistent with our testimony.
While the support services offered involve only franchise-related litigation, they do come under two general headings:
(1) Franchise Litigation Consulting and Related Support and
(2) Franchise Expert Witness Testimony.
Our assistance to trial counsel in any particular case can involve either or both types of support.
Franchise Litigation Consulting and Related Support - Learn More About Services
Our services are particularly helpful where litigation counsel is not thoroughly familiar with franchising as a distinct business model and may need assistance in becoming familiar with such things as:
• Business standards of care involved in franchising.
• Typical business practices in the franchising industry.
• Franchise sales practices.
• Differing models of franchise structures and controls, and related operational, marketing and other issues.
• The process involved in determining if a business concept is appropriate for franchising and the steps in “franchising” a business.
• Identification of various business and/or legal issues that can arise in the franchise context. • Resolution models for franchise disputes.
• Evaluation of documents (including correspondence and other documents) and possible related expert testimony.
• Suggestions for areas of further analysis/investigation by trial counsel and support team.
Franchise Expert Witness Testimony
If a case has moved to the point where trial appears likely and expert testimony is needed, services can include the following:
• Analysis of probable or actual testimony/depositions of parties or others
• Background and qualifications of proposed experts, mediators and/or arbitrators.
• Review of reports or deposition testimony by opposing experts.
• Preparation and submission of reports and/or formal opinions for introduction into the record.
• Testimony at deposition and/or trial.