J. Mark Dady | Franchisee Lawyer
J. Mark Dady is a partner at Dady & Gardner, where he focuses his practice on the representation of franchisees, dealers, and distributors. Mark received a Bachelor of Science from the University of Colorado at Boulder, and graduated magna cum laude from William Mitchell College of Law in St. Paul, Minnesota.
Since joining Dady & Gardner, Mark has represented clients in all stages of disputes, including negotiating the terms of his clients’ franchise and dealer agreements, arguing dispositive motions, obtaining favorable trial and arbitration outcomes—including prevailing in a 22 day jury trial—and, when necessary, successfully defending those outcomes before appellate courts.
Mark represents businesses of all sizes, and has experience in representing clients on issues involving the initial review of franchise and dealer agreements, fraud and misrepresentation, unlawful financial performance representations, breach of contract, and wrongful termination, among others.
Mark and his family reside in the St. Paul, Minnesota area.
Honors and Distinctions: In 2012, 2013, 2014, 2015, 2016 and 2017 Mark was named a “Minnesota Rising Star.”
Publications: Author, “Sole Discretion: So what? Good Faith Still Can Prevail,” The Franchise Lawyer, Summer 2016; Speaker, “Disputes During the Three Phases of a Franchise Relationship,” American Bar Association Forum on Franchising Webinar, February 2014; and Author, “I’m Going to Make Millions, But What If I Don’t?” Franchise Times’ SuperBook of Franchise Opportunities, Fall/Winter 2011.
Long John Silver’s Inc. v. Nickleson, 923 F.Supp.2d 1004 (W.D. Ky. 2013) (denying franchisor’s summary judgment motion, and holding that the franchisee’s Minnesota Franchise Act claims could proceed, notwithstanding disclaimers contained in the FDD and franchise agreement).
Hockey Enterprises, Inc. v. Talafous, 2012 WL 72979 (D. Minn. 2012) (denying franchisor’s summary judgment motion, and holding that franchisee’s Florida Franchise Act and negligent misrepresentations claims could proceed).
Hockey Enterprises, Inc. v. Total Hockey Worldwide, LLC, 762 F.Supp.2d 1138 (D. Minn. 2011) (denying franchisor’s motion to dismiss franchisee’s fraud, negligent misrepresentation, and Florida Franchise Act claims, despite disclaimer language and integration clauses in FDD and franchise agreement).
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