Michael R. Gray

Career

Mike Gray represents companies and individuals in trial, arbitration, mediation, and other civil proceedings throughout the United States. As a member of the firm’s Franchise and Distribution Practice Group, Mike is lead litigation counsel for several national franchise companies and has litigated, arbitrated, and mediated complex commercial cases in over 38 states involving all types of business disputes with a particular emphasis on franchise litigation and noncompete enforcement.

According to his clients, Mike is a “very solutions-oriented, insightful strategist.” He is experienced in successfully guiding clients through the dispute resolution process, whether through trial, appeal, arbitration, mediation, or negotiation. For individuals and business clients, Mike provides counsel on a wide range of issues, including contract disputes, protection and exploitation of intellectual property, trademark and copyright protection, trade secret protection, licensing and distributorship disputes and relations. As a certified Neutral by the Early Dispute Resolution Institute, Mike brings his 35 plus years of complex commercial litigation experience to the table to help others resolve disputes before they become prolonged and expensive battles.

He has written and presented materials on franchise, litigation, and intellectual property topics for the American Bar Association, the International Franchise Association, St. Thomas University, the Minnesota Institute of Legal Education, the Business Law Institute, the Practicing Law Institute, and the American Intellectual Property Law Association. In recognition of his industry-leading insight in franchise law, Mike was elected to the Governing Committee of the American Bar Association’s Forum on Franchising, where he also served as Finance Officer and Co-Chair of the October 2018 ABA Forum Annual Meeting in Nashville, Tennessee. When not practicing law, you will find Mike at his cabin in Wisconsin, in his garage tinkering with one of his old cars or engaged in some type of home renovation.

Practice Areas

Franchise & Distribution

Product Liability & Tort Litigation

Non-Compete, Non-Solicit, Trade Secrets & Other Restrictive Covenants

Franchise Litigation & Dispute Resolution

Appellate

General Business & Complex Commercial Litigation

Neutral Alternative Dispute Resolution Services

Experience

American Arbitration Association (May 2022) Obtained defense decision on behalf of franchisor on breach of contract, fraud and misuse of advertising fund claims brought by franchisee.

First Light Home Care v. Caresmartz, Inc (W.D.N.Y 2021) Obtained a Temporary restraining order against software supplier preventing it from terminating access to enterprise software.

AmeriSpec, L.L.C. v. Sutko Real Estate Servs., Inc., No. 2:20-CV-02365-TLP, 2020 WL 3913584 (W.D. Tenn. July 10, 2020)(Obtained TRO and Preliminary Injunction enforcing post termination noncompete agreement against former franchisee and his non-signatory son and new corporate entity)

AmeriSpec, L.L.C. v. Omni Enterprises, Inc., No. 2:18-cv-02247-TLP-dkv, WL 2248459 (W.D. Tenn. 2018) (Obtained an injunction enforcing post-expiration noncompete agreement against former franchisees two years after expiration of the franchise agreement)

ServiceMaster of Fairfax, Inc. v. ServiceMaster Residential/Commercial Servs., L.P., No. CV PX 16-02589, 2017 WL 3023342 (D. Md. July 17, 2017) (Enforced franchisor’s forum selection and choice of law provisions enforced notwithstanding Maryland franchise statute; case transferred to franchisor’s home state)

Outdoor Lighting Perspectives Franchising, Inc. v. Perlmutter, et al, 2012 U.S. Dist. LEXIS 53583 (W.D.N.C. 2012) (Obtained an injunction enforcing post-expiration noncompete agreement against former franchisees)

Outdoor Lighting Perspectives Franchising, Inc. v. Home Amenities, Inc., et al, 2012 U.S. Dist. LEXIS 5406 (W.D.N.C. 2012) (Obtained an injunction enforcing post-expiration noncompete agreement against former franchisees)

Holtan Holdings, Inc. v. American Pie Pizza and Salads, Inc., 2010 U.S. Dist. Lexis 112353 (D. Minn. 2010) (franchisor's motion to dismiss complaint granted)

Cleveland v. AmeriSpec, Bus. Franchise Guide (CCH) 14,267 (Fla. Cir. Ct. 2009) (Obtained summary judgment dismissing franchisee claims)

ServiceMaster v. Hooker, et al, Bus. Franchise Guide (CCH) 13,457 (W.D. Tenn. 2006) (Obtained an injunction enforcing post-termination noncompete agreement against former franchisee and other nonsignatories after two-day court trial)

Merry Maids v. WWJD Enterprises, Inc., Bus. Franchise Guide (CCH) 13, 383 (D. Neb. 2006) (Obtained an injunction enforcing post-expiration noncompete agreement against former franchisee and other nonsignatories after two-day court trial)

Ross v. Culver Franchising System, Inc., 2004 WL 1898235 (N.D. Ill., Aug. 16, 2004) (Obtained summary judgment dismissing franchisee claims)

BTX Enterprises, Inc. v. The Terminix International Co., L.P. Case No. 2:02-CV-860 (S.D. Ohio 2004) (Obtained unanimous verdict in favor of franchisor after two week jury trial).