JAMES M. MULCAHY

jmulcahy at mulcahyllp dot com
949.252.9377

• Founder and Partner, Mulcahy LLP
• Nationally recognized authority on franchise and distribution law and litigation
• Former General Counsel of American Suzuki Motor Corporation

With more than 20 years of experience, Jim Mulcahy is one of the leading authorities in California on franchise and distribution law. Jim is widely recognized for his ability to assist corporations in structuring solid franchise and distribution business solutions and in identifying potential conflicts before they arise. His experience includes litigating, trying, and arbitrating hundreds of matters involving disputes between franchisors/suppliers and franchisees/dealers, franchise disclosure and relationship statutes, antitrust and trade regulation, unfair competition issues, dealer and distribution programs, vertical marketing issues, claims of trademark and copyright infringement, allegations of tortious business conduct, and a myriad of contractual and other business disputes.

Jim has taken over 40 cases to trial, and he brings the seasoned perspective of a former general counsel, having served in that capacity for American Suzuki Motor Corporation for over four years. He began his legal career at Chicago-based Wildman Harrold, Allen & Dixon, where he was a partner for nine years before joining American Suzuki. Jim has served as a faculty member at the National Institute for Trial Advocacy and for the College of Trial Advocacy.

Professional highlights:

Member (2005–2007), Franchise Law Consulting Group, and Franchise & Distribution Law Advisory Commission, State Bar of California Board of Legal Specialization. He is one of seven attorneys charged with writing the exam and establishing the necessary qualifications for attorneys to become certified specialists in franchise and distribution law — a new certified specialty practice in California.

In 2005–2006, Jim served as Co-Chair of the Franchise Law Committee of the California State Bar.

Jim is a frequent author and speaker on franchise, distribution, and competition issues for, among others, the California State Bar, the International Franchise Association, and the American Bar Association Antitrust Section.

Jim’s previous publications and speaking engagements include:

• Inadvertent Franchises: Risks and Remedies, presented to the San Diego County Bar Association Financial Professional Liaison Section in March, 2009
• Chapter 5 (Handling Department of Corporations Enforcement Actions) and Chapter 11 (California State Antitrust Law Issues) of the CEB’s new publication entitled California Franchise Law and Practice (February, 2009)
• Inadvertent Franchises: Risks and Remedies, presented to the Orange County Bar Association Business and Corporate Law Section in January, 2009
• Hidden Franchises: Definition and Consequences, Federal and State Laws, presented to the California State Bar Section Education Institute in January, 2007;
• Contributing author of Chapter 5: Tying Law and Policy in Antitrust Law and Economics of Product Distribution by the American Bar Association, Antitrust Law Section (2006);
• An Overview of New Franchise Legislation and Pre-Dispute Arbitration Provisions: Issues of Unconscionability and Enforceability under California Law, presented during the California State Bar Annual Meeting in September, 2006;
• Franchise Agreement Drafting — Basic Tracks, presented during the International Franchise Association’s Annual Legal Symposium in May, 2006;
• Hot Topics in Franchise Litigation: Recent Developments Involving the Rights, Remedies, and Alternative Dispute Resolution Procedures for California Franchisors and Franchisees, presented to the California State Bar Annual Meeting in September, 2005;
• Franchising Fundamentals: A Guide for the Uninitiated from a Regulatory, Transactional and Litigation Perspective, presented to the California State Bar Annual Meeting in September, 2004;
• Hot Topics in Franchise Litigation, presented during the California State Bar Annual Meeting in September, 2004;
• Hot Topics in Franchise Litigation: Rights and Remedies of Franchisees and Franchisors, presented to the California State Bar Annual Meeting in September, 2003;
• Current Developments in Franchise Law, presented to the Business Law Section of the California State Bar Association in March, 2003;
• Exclusive Distributorships and Dual Distribution: How to Avoid Dealer Litigation, which appeared in the November 2002 issue of the Orange County California Lawyer.

Jim is an active member of the National Panel of Arbitrators, the National Futures Association, the National Association of Securities Dealers, and the American Bar Association (Franchise Forum, Antitrust, Intellectual Property, and Litigation sections).

A graduate of University of Arizona (Bachelor of Arts, Political Science, Phi Beta Kappa), Jim received his law degree in 1978 from the University of Arizona College of Law where he served as Chairman of the Fegtley Moot Court Program.

Admitted: 1979, Illinois, Northern District of Illinois; 2001, California, U.S. District Court, Central, Southern, and Eastern Districts; U.S. Court of Appeals, Sixth, Seventh, and Ninth Circuits; U.S. Supreme Court.