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JUSTIN M. KLEIN
E-mail: Justin@MarksKlein.com



Justin focuses his practice in the areas of franchise law, commercial litigation, and general business law. He has served as legal counsel to businesses, both privately held and public, and individuals, in transactions, litigation, arbitration and mediation throughout the United States and internationally. Justin also counsels and consults with businesses on methods of expansion and development including franchising, licensing, formation of strategic partnerships and other methods of distribution.

Justin is a zealous advocate for his clients, no matter how large or small, but understands and appreciates the art of negotiation and the benefits of resolving cases before trial.

Justin has excelled at representing single and multi-unit franchisees of many prominent franchise systems throughout the United States and internationally in all aspects of their franchise relationship from acquisition, to development, to litigation. Justin has served as counsel to hundreds of franchisees in litigation, arbitration and mediation throughout the United States and abroad; from single dealer termination matters to complex class actions. Justin also works with franchisees in various systems and assists in the formation of independent franchisee associations intended to benefit or for the protection of franchisees throughout the particular franchise system.
He lectures frequently on franchise and other business law issues and is often quoted in national media in regards to franchise issues. Justin has also been designated to speak on behalf of the New Jersey Economic Development Authority Entrepreneurial Training Institute as an expert on franchising.

In 2009, for the third consecutive year, Justin was honored as a Franchise Times Legal Eagle for being considered by his peers and clients to be one of the top franchise attorneys in North America.

Justin is a member the American Bar Association (Franchise Section, Litigation Section), International Franchise Association, the New York Bar Association, the New Jersey Bar Association, the Association of the Trial Lawyers of America and the American Franchisee Association.

Justin is admitted to practice in the state and federal courts of New Jersey and New York, the District of Colorado, the District of Wisconsin, the Eastern District of Michigan and has handled matters throughout the United States, Europe and Canada.

Recent Cases:
  • Desantis v. Snap-On Tools Co., LLC, 2006 U.S. Dist. LEXIS 78362 (D.N.J. Oct. 27, 2006) (Counsel for Plaintiff Franchisees in class action settlement valued at approximately $125 Million).
  • Bray v. QFA Royalties LLC, 486 F. Supp. 2d 1237 (D. Colo. 2007) (Successfully represented franchisees in obtaining injunction from termination of franchise rights for allegedly violating provisions of the franchise agreement). This case was considered one of the Top 5 Landmark Lawsuits Affecting Franchisees of 2007 in a presentation at the American Bar Association forum on Franchising and in the book titled Annual Franchise and Distribution Law Developments 2007.
  • Cutrone v. Java's Brewin Development, Inc., Docket No. L-4639-06 (N.J. Super. April 7, 2009) (Jamie S. Perri, P.J.Cv., entered a judgment for Plaintiffs against franchisor, principal in franchise company and franchise sales person for fraud and various contract claims, with interest, attorney's fees and costs in the amount of $241,646 on behalf of three individuals who invested money to purchase and operate a Java's Brewin' franchise).
  • Westerfield v. Quizno's Franchise Co., Civil Action No.: 06-cv-1210 (E.D. Wis. Apr. 16, 2008) (Court granted Plaintiffs' motion on reconsideration of dismissal of claims of racketeering and fraud by franchisor and allowed putative class of franchisees to proceed on claims under federal RICO statutes and fraud).
  • Bonanno v. Quiznos Master LLC, 2008 U.S. Dist. LEXIS 21678 (D. Colo. March 5, 2008) (Successfully opposed Defendant franchisor's motion to dismiss class complaint for violation of consumer protection act, breach of the covenant of good faith and fair dealing, fraud and other claims filed on behalf of over 3,000 franchisees).
  • Bonanno v. Quiznos Master LLC, 2007 U.S. Dist. LEXIS 26458 (D. Colo. Apr. 10, 2007) (Obtained protective order on behalf of putative class members where franchisor was unilaterally soliciting releases through inappropriate communications).
  • Westerfield v. Quizno's Franchise Co., LLC, 2007 U.S. Dist. LEXIS 25968 (E.D. Wis. Apr. 6, 2007) (Obtained protective order on behalf of putative class members where franchisor was unilaterally soliciting releases through inappropriate communications).

 


Franchise Law, Commercial Litigation | MARKS & KLEIN, LLP, serving New Jersey and New York

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