Focus Areas
- Representation of holding company with multiple franchise systems and hundreds of franchise locations and company-owned stores, including advising the franchisor entities on compliance, growth strategies and operational issues
- Worked with transaction team to oversee due diligence for and advise on franchise-related issues and documents in client’s purchase of national franchisor with hundreds of franchisee and company-owned locations
- Manages the annual FDD update and state registration process for multiple franchisors, including counsel on required updates to the FDD to comply with new regulations
- Represented seller of a multi-million dollar distribution company in private sale
- Represents large institutional lenders in workouts of non-performing loans
- Obtained a receiver and completed the contested foreclosure of a mobile home park, including a brief detour through a chapter 11 bankruptcy filing that was quickly dismissed, resulting in a successful sale of the property for substantially more than the appraised value
- Successfully defended former corporate directors in action for millions of dollars in damages by post-bankruptcy confirmation litigation trustee alleging claims for breach of fiduciary duty relating to a transaction that resulted in the debtor becoming a 100% ESOP-owned company and the failed process to attempt to restructure or sell the company
- Represented one of the largest secured creditors in the chapter 11 bankruptcy of a gas station/convenience store franchise with more than 100 locations, securing full payment of the creditors’ $15 million dollar loan
- Negotiated innovative repayment terms of a more than three million dollar obligation, viewed as nearly uncollectible by the client, resulting in full payment, plus interest, plus the receipt of collateral of immense value to the client as a result of further negotiations due to interim defaults
- Use data and analysis tools developed over years and hundreds of preference cases to present defenses to preference claims and negotiate favorable settlements, often with no or nominal out-of-pocket payment
- Conducted a successful auction attracting multiple active bidders for a debtor chain of retail locations through a 363 sale in a chapter 11 bankruptcy
- “CTA Requirements and Deadlines Remain Despite Recent Constitutional Challenge,” Thompson Hine Corporate Law Update, March 2024
- “Federal Corporate Transparency Act Takes Effect January 1; Some States Following Suit,” Thompson Hine Corporate Law Update, December 2023
- “Ohio Says Yes to Cannabis. Now What?” Thompson Hine Cannabis Practice Update, November 2023
- “The PRO Act and Its Potential Negative Effects on the Franchise Industry,” Thompson Hine Business Law Update, Spring 2021
- “Consolidated Appropriations Act, 2021: Implications for Business,” Thompson Hine COVID-19 Update, December 30, 2020
- “Tenth Circuit Limits Bankruptcy Protections for Private Student Loans,” Thompson Hine Business Litigation Update, September 10, 2020
- “SBA Issues Updated PPP Loan Forgiveness Applications and Additional Clarifications,” Thompson Hine COVID-19 Update, June 24, 2020
- “PPP Flexibility Act Becomes Effective, Modifying Options for Borrowers and Providing Additional Benefits,” Thompson Hine COVID-19 Update, June 5, 2020
- “SBA Releases New Rules on PPP Loan Forgiveness and SBA Review Process,” Thompson Hine COVID-19 Update, May 27, 2020
- “SBA Releases PPP Loan Forgiveness Application and Related Instructions,” Thompson Hine COVID-19 Update, May 19, 2020
- “UPDATE: SBA Extends PPP Loan Safe Harbor Deadline to May 18, 2020,” Thompson Hine COVID-19 Update, May 2020
- “SBA Issues Additional Guidance on PPP ‘Necessity’ Certification – No Extension of Safe Harbor Deadline of May 14, 2020,” Thompson Hine COVID-19 Update, May 2020
- “SBA Extends Safe Harbor Deadline from May 7 to May 14, 2020 for Return of Paycheck Protection Program Loan Funds and Promises Additional Guidance on the “Necessity” Certification Prior to New Deadline,” Thompson Hine COVID-19 Update, May 2020
- “Paycheck Protection Program: Borrowers Must Plan Now to Maximize Loan Forgiveness,” Thompson Hine Business Litigation Update, April 2020
- “No End in Sight for Litigation of No-Poach Antitrust Claims,” Law360, December 2019
- “Litigation Update: No-Poach/No-Solicitation Provisions in the Franchise Industry,” Thompson Hine Business Law Update, Fall 2019
- “Litigation Update: No-Poach/No-Solicitation Provisions in the Franchise Industry,” Thompson Hine Business Law Update, Summer 2019
- “Franchise Systems Attacked by Slew of Antitrust No-Poach Class Actions,” Thompson Hine Antitrust Law Update, November 2018
- “Employers Beware: ‘No-Poaching’ and Wage-Fixing Agreements May Invite Civil – and Criminal – Prosecution,” Thompson Hine Business Law Update, Summer 2018
- “Updated Guidance on Financial Performance Representations,” Thompson Hine Franchise Law Update, March 2018
- “Is Your Distribution or License Arrangement a Franchise?” Thompson Hine Business Law Update, Spring 2017
- “Imputing the Fraudulent Intent of One Director to the Corporation,” Thompson Hine Business Law Update, Winter 2017
- “Courts’ Application of International Standards in Commercial Sales of Goods,” American Bankruptcy Institute Journal, April 2017
- “Can a Creditor Have Its 503(b)(9) Cake and Eat It Too? An Update to Friedman’s Liquidating Trust v. Roth Staffing Cos. LP (In re Friedman’s Inc.), 738 F.3d. 547 (3d Cir. 2013),” American Bankruptcy Institute Journal, July 2016
- “When a Franchise Files Bankruptcy,” Franchise and Distribution News, Fall 2013
- Co-author (with Lawrence T. Burick), “The Effect of §503(B)(9) on the §547(c)(4) Subsequent New Value Defense: Does Commissary Operations Make a Good First Impression?” 6 Norton Bankr. L. Advisor, June 2010
- Co-author (with Lawrence T. Burick), “Allowability of Attorney’s Fees Incurred Postpetition as Part of an Unsecured Claim: The Next Chapter of a Still Unfinished Book,” 11 Norton Bankr. L. Advisor, November 2009
- Co-author (with Lawrence T. Burick), “When is a Claim Not a Claim: Does Apex Oil Clarify or Confuse?” 12 Norton Bankr. L. Advisor, December 2009
- “Balancing Freedom of Speech Against the Rights of Unwilling Listeners: The Attack on the First Amendment in Hill v. Colorado,” 26 U. Dayton L. Rev. 327, 2001
- “Keeping the Promise of a Fresh Start: Why Debtors Should be Empowered with a Private Right of Action for Violations of the Discharge Injunction,” 27 Dayton L. Rev. 95, 2001
- Presenter, “Generating Effective Franchising Leads,” Franchise Business Network – Multi-Chapter Roundtable, July 2022
- Co-presenter, “Legal Issues Impacting the Cannabis Industry,” Thompson Hine Webinar, April 2021
- Presentation on Corporate Compliance and Best Practices as part of the seminar titled Is Your Company Ready For … What’s Next? February 13, 2019
- Presentation to Franchise Business Network, Columbus and Cincinnati, No-Poaching and Wage-Fixing Agreements, October 2018
- Presentation to ABLF, 2016, discussing Attorney-Client Privilege Issues in Bankruptcy
- Conduct seminar on Ohio’s New Receivership Statute, June 2016
- Bench-Bar Conference for the United States Bankruptcy Court for the Southern District of Ohio 2016, Panel Presentation on Attorney Fee Issues and Baker Botts v. ASARCO
- Bench-Bar Conference for the United States Bankruptcy Court for the Southern District of Ohio 2014, Panel Presentation on Preference Issues
- Presentation to ABLF, 2014, discussing preference issues in Friedman’s Liquidating Trust v. Roth Staffing Companies
- Presentation to ABLF, 2012, The Absolute Priority Rule in Individual Chapter 11’s
- Presentation to ABLF, 2012, A Secured Creditor’s Right to Credit-Bid – RadLAX Gateway Hotel v. Amalgamated Bank
- International Franchise Association Legal Symposium, Speaker, Judicial Update Panel, May 2019
- Selected for inclusion in Rising Stars by Ohio Super Lawyers magazine from 2010 to 2016
- Selected for Leadership Dayton Class of 2012, sponsored by Dayton Chamber of Commerce
- Dayton Business Journal, 40 Under Forty Award, Class of 2012
Professional Associations and Activities
- Franchise Business Network, Cincinnati and Columbus Chapter Host
- International Franchise Association, member
- International Franchise Association, Legal Legislative Affairs Committee, member
- American Bankruptcy Law Forum, Dayton, Ohio, past Trustee
- United States Bankruptcy Court Southern District of Ohio, Standing Local Rules Committee (2016-2017)
- Leadership Dayton, Class of 2012
- Thompson Hine Women’s Initiative, chair of the Dayton Office (2012-2018)
- Dayton Bar Association
Community Activities and Personal Interest
- Goodwill Easter Seals Miami Valley, board member and Executive Committee member
- Dayton Art Institute, Associate Board, board member (2013-2017)
- Clothes That Work, former board member and Executive Committee member (2012-2019)
- Greater Dayton Volunteer Lawyers Project, Eviction Clinic, pro bono volunteer
- YMCA Soccer Coach, 2022
- Cheer Coordinator and Coach, Bishop Leibold School (2015-2019)
- Assistant Soccer Coach, Bishop Leibold School (2016-2018)
- Determined, but slow, distance runner and member of the 50 States Marathon Club with 11 full marathons completed; countless half-marathons, distance relays, 10ks and 5ks with numerous friends and family converted to distance “racing”
Education
- International Franchise Association, Certified Franchise Executive, 2022
- University of Dayton School of Law, J.D., 2002, summa cum laude,
executive editor, Law Review, 2001 to 2002
- University of Dayton, B.A., 1998, summa cum laude
Bar Admissions
- Ohio
Court Admissions
- U.S. District Court for the Northern District of Ohio
- U.S. District Court for the Southern District of Ohio
Select a filter
- CTA Requirements and Deadlines Remain Despite Recent Constitutional Challenge,
Corporate Law Update
, March 7, 2024 - Federal Corporate Transparency Act Takes Effect January 1; Some States Following Suit,
Corporate Law Update
, December 27, 2023 - Ohio Says Yes to Cannabis. Now What?,
Cannabis Practice Update
, November 9, 2023 - Business Law Update – Spring 2021,
Thompson Hine Newsletter
, March 23, 2021 - Consolidated Appropriations Act, 2021: Implications for Business,
COVID-19 Update
, December 30, 2020 - Tenth Circuit Limits Bankruptcy Protections for Private Student Loans,
Business Litigation Update
, September 10, 2020 - SBA Issues Updated PPP Loan Forgiveness Applications and Additional Clarifications,
COVID-19 Update
, June 24, 2020 - Chemical Industry Regulatory Update – June 2020,
A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP
, June 11, 2020 - PPP Flexibility Act Becomes Effective, Modifying Options for Borrowers and Providing Additional Benefits,
COVID-19 Update
, June 5, 2020 - SBA Releases New Rules on PPP Loan Forgiveness and SBA Review Process,
COVID-19 Update
, May 27, 2020