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ATTORNEYS
  • James M. Mulcahy

    Mulcahy LLP
    4 Park Plaza
    Suite 1230
    Irvine, California 92614, U.S.A.
  • Franchise and Distribution Law, Antitrust/Competition Law

    Bio

    • University of Arizona, B.A., J.D.; Phi Beta Kappa • Faculty Member: National Institute for Trial Advocacy, Midwest Regional Program, 1995; 2003 College of Trial Advocacy, Orange County Bar Association; General Counsel, American Suzuki Motor Corporation, 1997-2001 • Certified Specialist in Franchise and Distribution Law for the State Bar of California Board of Legal Specialization • Author: “Ninth Circuit Dismisses Robinson-Patman and Sherman Act Claims, Stating: “We Must Return This Capitalist Rumble to the Forum Where it Belongs: The Market,” American Bar Association Section of Antitrust Law Pricing Conduct Committee’s Price Point Newsletter, (pending publication); “California Courts Are Beginning To Reexamine Their Outdated Decisions Addressing Vertical Price and Other Distributional Restraints Under The Cartwright Act,” American Bar Association Section of Antitrust Law Distribution & Franchising Committee’s Newsletter, September 2013; “Chapter 5: Handling Department of Corporations Enforcement Actions,” and “Chapter 11: Antitrust Law Issues,” California Franchise Law and Practice, California Continuing Legal Education, 2009, updated 2013; “AT&T Mobility v. AU Optronics Extends the California Cartwright Act’s Expansive Geographical Scope,” American Bar Association Section of Antitrust Law Pricing Conduct Committee’s Price Point Newsletter, Summer 2013; “Franchisors Wince as Some Courts Re-Label Franchisees as Employees,” Executive Counsel Magazine, January 2013; “Are Franchisees Employees?” Franchise Update Magazine, Franchise Law News, September 2012; “Dispute Resolution: Protecting the Franchisor – Keep Your Brand Out of Costly Lawsuits,” Franchise Update Magazine, April 2012 (co-authored with Steven Emmons); “Inadvertent Franchises and the GrayBar Hotel,” Orange County Lawyer, June 2010 (co-authored with Gerald Davey); contributing author of “Chapter 5: Tying Law and Policy in Antitrust Law and Economics of Product Distribution,” American Bar Association, Antitrust Law Section 2006; “Recent Decisions and Legislation: California Franchise and Distribution,” published in the June, 2006 edition of Business Law News for the California State Bar, Business Law Section; “Franchising Fundamentals - A Guide for the Uninitiated from a Regulatory, Transactional and Litigation Perspective,” Franchise Law Committee, Business Law Section, California State Bar Association Annual Meeting, September 2003; “Current Developments in Franchise Law,” Business Law Section, Franchise Law Committee, California State Bar Association, March 2003; “The Exclusive Distributorship and Dual Distribution: How to Avoid Dealer Litigation,” Orange County Lawyer, November 2002 • Presentation: “Capitalizing on the International Franchising Boom: What’s Hot, What’s Not, And How To Avoid Landmines” – program leader, Franchise Leadership and Development Conference, Atlanta, Georgia, 2012; “Building Winning Programs for Multi-Unit Franchise Growth” – panelist, Franchise Leadership and Development Conference, Atlanta, Georgia, 2012; “Best Practices in Franchise Litigation” – roundtable facilitator, Franchise Leadership and Development Conference, Atlanta, Georgia, 2011; “Financial Performance Representations: Should You Make Them and, If So, What Should You Say Or Not Say” – moderator and panelist, Franchise Leadership and Development Conference, Atlanta, Georgia, 2011; “Inadvertent Franchises: Risks and Remedies,” San Diego County Bar Association Financial Professional Liaison Section, 2009; “Inadvertent Franchises: Risks and Remedies,” Orange County Bar Association Business & Corporate Law Section, 2009; “Hidden Franchises: Definition and Consequences, Federal and State Laws,” California State Bar Section Education Institute, 2007; “An Overview of New Franchise Legislation and Pre-Dispute Arbitration Provisions: Issues of Unconscionability and Enforceability under California Law,” California State Bar Annual Meeting, 2006; “Franchise Agreement Drafting – Basic Tracks,” International Franchise Association’s Annual Legal Symposium, 2006; “Hot Topics in Franchise Litigation: Recent Developments Involving the Rights, Remedies, and Alternative Dispute Resolution Procedures for California Franchisors and Franchisees,” California State Bar Annual Meeting, 2005; “Franchising Fundamentals: A Guide for the Uninitiated from a Regulatory, Transactional and Litigation Perspective,” California State Bar Annual Meeting, 2004; “Hot Topics in Franchise Litigation,” California State Bar Annual Meeting, 2004; “Hot Topics in Franchise Litigation: Rights and Remedies of Franchisees and Franchisors,” California State Bar Annual Meeting, 2003; “Current Developments in Franchise Law,” Business Law Section of the California State Bar Association, 2003; “Partnership Within the Law: Developing Legal Issues Among Manufacturers, Agents and Retailers,” 29th Annual National Sporting Goods Association Management Conference, May 1993 • Member: Orange County (Member, Intellectual Property and Business Litigation Sections), Los Angeles County (Member, Antitrust & Unfair Business Practices Sections), California State Bar (Member: Antitrust & Unfair Competition Section; Co-Chair, 2005-2006, Franchise Law Committee, Business Law Section; 2005-2007, Franchise Law Consulting Group, and Franchise & Distribution Law Advisory Commission, Board of Legal Specialization); American Bar Association (Member: Forum on Franchising; Section of Antitrust Law; Antitrust Law Committees: Distribution & Franchising, Economics, Intellectual Property, Pricing Conduct; Section of Intellectual Property Law; Section of Litigation); Federal (Orange County Chapter); Association of Business Trial Lawyers (Orange County Chapter); International Trademark Association • Assigned Martindale Hubbell's highest AV rating • Named a “Super Lawyer” by Southern California Super Lawyers and Los Angeles magazines (2012-2014) • Mr. Mulcahy is the president of INBLF’s Los Angeles County/Orange County chapter