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Marc N. Blumenthal
Member
Email: mnblawyer@cs.com Practice Areas: Franchises and Franchising; Franchise Agreements; Franchise Litigation; Trade Dress; Business Law; Buying and Selling of Businesses; Trademarks; Copyrights; Business Formation; Contracts; Litigation; Arbitration. Admitted: 1981, Louisiana; 1986, Illinois Law School: Tulane University Law School, J.D., 1981 College: Tulane University, B.A., 1975 Member: Louisiana State Bar Association. Biography: Licensed Real Estate Broker, Illinois, 1994. Corporate Counsel, Chart House, Inc. (Diversifoods, Inc.) and Entre Computer Centers, Inc., 1981-1985. Speaker and Co-Author: "Avoiding and Addressing Wrongful Termination of Your Franchise," and "Don't Give Away The Store-The Purchase and Sale of a Franchise," American Franchise Association Legal Symposium, 2001. Co-Author: "To Litigate, Arbitrate or Mediate...That is the Question!" American Franchise Association Quarterly (Volume 1, Issue 3, Autumn, 1993; "The Covenant of Good Faith and Fair Dealing," November 1994 VIEWS-Periodical for the National Association of 7-Eleven Franchises. Author: "The Franchise Transfer from Hell," American Franchise Association Blast Fax, March 2002; "Subway's Train Stopped, A Case Study," American Franchise Association Blast Fax, April 2003. Founding Affiliate Member, American Franchise Association. Reported Cases: Collier v. Murphy, 2002 U.S. Dist. Lexis 23632; Genin, Trudeau & Co., Limited v. Integra Development International and Zak Designs, Inc. 845 F. Supp. 611 (N.D. IL. 1994); Hengel vs. Hot 'n Now, Inc. et al, 825 F.Supp. 1311 N.D. IL (1993); Jensen v. Quik, 213 Ill. 2d 119 (2004); Kissinger Inc. v. Singh, 2003 U.S. Dist. Lexis 23265 (W.D. Mich. 2003); Aprile v. Global, 2005 U.S. Dist. Lexis 327 (N.D. Ill. 2005) Born: 1953 ISLN: 908958083 |
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From 1981-1985, Mr. Blumenthal was corporate counsel for Chart House, Inc. (Diversifoods, Inc.) and, then, Entre Computer Centers, Inc. where he concentrated in franchise, securities and corporate law. Mr. Blumenthal has been in private practice since 1985.
Reported Litigation:
Jensen v. Quik, 213 Ill. 2d 119; 820 N.E.2d 462; 2004 Ill. LEXIS 1675; 289 Ill. Dec. 686, November 18, 2004; 801 N.E.2d 1124, 2003 Ill. App. LEXIS 1494 (1st Dist. 2003), one of the first franchise cases to go to the Illinois Supreme Court. The Illinois Supreme Court reversed the Appellate Court and the Circuit Court, in deciding that the issue of rescission must be submitted to arbitration. In the opinion, the Supreme Court found that the franchisor was not registered, which Illinois franchise law required to sell a franchise, but decided this was not a condition precedent based on its interpretation of the Illinois Franchise Disclosure Act. In doing so, it rejected an appellate opinion rendered more than twelve years ago.
Kissinger, Inc. v. Singh, 2003 U.S. Dist. LEXIS 23265 (W.D. Mich. November 25, 2003), which found that a franchisor was entitled to royalties and attorneys fees, but was not entitled to lost profits.
Hengel v. Hot 'n Now, Inc., 825 F. Supp. 1311 (N.D. Ill. 1993) which made law in Illinois with respect to the Illinois Franchise Disclosure Act's statute of limitations section, and the implied covenant of good faith and fair dealing.
Genin, Trudeau & Co., Limited v. Integra Development International, and Zak Designs, Inc. 845 F. Supp. 611 (N.D. Ill. 1994), which involved issues related to the licensing of a trademark to manufacture and distribute a product.
Collier v. Murphy, 2003 U.S. Dist. LEXIS 4821; 2002 U.S. Dist. LEXIS 23632, which involved right of publicity and privacy issues, decided after a motion to transfer was denied.
Aprile Seafreight v. Global Freight, Inc., 2005 U.S. Dist. LEXIS 32797(N.D. Ill.), which involves issues related to contract, negligent misrepresentation, conspiracy and trade secrets. |
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