Kevin A. Adams
By on July 31, 2012
Kevin Adams is partner at Mulcahy LLP. Since 2008, Kevin’s practice has focused exclusively on franchise and distribution litigation and counseling. As a franchise litigator, Kevin has extensive experience with state and federal franchise laws, employment law matters, intellectual property rights, unfair competition, and related antitrust and trade regulation matters.
Kevin is recognized as a leader in the franchise and distribution legal community. He is a certified specialist in franchise and distribution law by the State Bar of California, Board of Legal Specialization. He is a former Co-Chair of the California Franchise Law Committee and is a regular author and speaker on franchise, distribution and competition issues.
First and foremost, however, Kevin is an experienced litigator that has tried numerous cases to conclusion before judges, juries and arbitrators.
Kevin has handled franchise and distribution cases in state and federal courts in California, Florida, Colorado, Idaho, Oregon, New York, Texas, Arizona, and Wisconsin, as well as before the American Arbitration Association, Judicial Arbitration and Mediation Services, Franchise Arbitration and Mediation Services, ADR Services, Inc., National Arbitration Forum, and before various state and federal administrative agencies.
Representative Franchise Work
- Represent franchisors in the restaurant, pet grooming, exercise and fitness, medical weight loss, gaming, real estate, automotive, education, cleaning, and other industries.
- Counsel franchisors seeking to enforce changes in their franchise system standards/requirements.
- Represent franchisors against enforcement actions and stop orders initiated by state agencies.
- Defend franchisors against state franchise law claims (based on disclosure and relationship statutes), state unfair competition law claims, tort claims (including fraud), breach of contract claims, and breach of implied covenant claims.
- Advise franchisors, licensors and other companies on franchise regulatory and compliance matters.
- Represent franchisor in actions against current and former franchisees for monies owned and other breaches of the franchise agreements.
Representative Employment Litigation Work
- Represent franchisors and other employers against claims of discrimination, harassment, retaliation, wrongful termination, workplace violence, FMLA and other leaves of absence, as well as complex wage and hour matters.
- Counsel clients on hiring and firing issues, reductions in force, compensation and benefits, and development and implementation of employee handbooks and policies.
- Defend clients against claims filed before the California Labor Board.
Representative Intellectual Property Work
- Pursue injunctive relief actions in court and arbitration to protect clients’ trademarks and brands against unauthorized use by former franchisees and other infringing parties.
- Enforce franchisors’ intellectual property rights in ICANN proceedings.
- Pursue claims under the Uniform Trade Secrets Act.
- Prosecute Uniform Domain Name Dispute Proceedings to protect clients’ trade names and marks.
- University of Pacific, McGeorge School of Law, J.D., 2005
- Salzburg University, Salzburg Austria, Certificate in International Studies, Summer 2004
- University of California, San Diego, B.A., 2002
- Supreme Court of California
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court (Central District of California)
- U.S. District Court (Southern District of California)
- U.S. District Court (Northern District of California)
- Co-Chair, California Franchise Law Committee (2015-2016) - a Standing Committee of the Business Law Section of the California State Bar
- Chair, Content Production Subcommittee of the California Franchise Law Committee (2014-present)
- Case Reporter, California Franchise Law Committee (2014-present)
- Member, State Bar of California, Franchise Law Committee (2013-present)
- Member, State Bar of California, Business Law Section (2013-present)
- Member, American Bar Association – Forum Committee on Franchising (2010-present)
- San Diego County Bar Association (2005-2008)
- Association of Business Trial Lawyers - Orange County Chapter (2013-present)
- Member, American Bar Association (2010-present)
- Orange County Bar Association (2008-present)
- University of the Pacific, McGeorge School of Law Alumni Association (2005-present)
- Consumer Attorneys of San Diego (2005-2010)
- University of California, San Diego Alumni Association (2002-present)
Professional Recognition & Awards
- Certified Specialist in Franchise and Distribution Law for the State Bar of California, Board of Legal Specialization
- Legal Eagle, Franchise Times (2014-2018)
- Southern California Super Lawyers, Rising Star, Franchise/Dealership (2015-2019)
- Top Attorney, Coast Magazine (2015-2017)
- Perfect 10 - “Superb” - AVVO Attorney Rating, Franchise and Distribution Law
Publications and Presentations
- "Overcoming a Witness with Selective Memory," Litigation Journal, The Journal of the Section of Litigation of the American Bar Association, Vol. 45, No. 1 (Fall 2018)
- "Enforcement of Noncompetition, Confidentiality and Related Agreements in California," Co-Presenter, The State Bar of California, Business Law Section Webinar (May 18, 2017)
- "Does Arbitration Make Sense for Franchisors? A Litigator's Perspective," Business Law News, A publication of the State Bar of California, Issue 3 (2017)
- "Selected Developments in Franchise Law," Business Law News Annual Review, a publication of the State Bar of California (2015)
Other Professional Experience
- Prior to the commencement of legal career, worked as a legislative aid in both houses of the California Legislature