Mulcahy LLP

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4 Park Plaza
Suite 1230
Irvine, CA 92614, United States
Contact: Kevin Adams, Associate
Phone: 9492529377
Fax: 949-252-0090
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Business Organizations
  • Business Torts
  • Commercial Law & Contracts
  • Intellectual Property
  • Litigation
Locations
Other U.S. Locations
  • California
Number of Attorneys
2-10 Attorneys

California Courts Continue to Void Forum Selection Clauses in Franchise Agreements Under a Questionable Mutual Assent Theory

The Ninth Circuit and California Court of Appeal generally continue to render forum selection clauses in franchise agreements unenforceable. This has been a hot topic among franchise litigators and on our blog...…more
 /  Civil Procedure, Commercial Law & Contracts, Franchise Law

But We Agreed to Arbitrate! – The Enforceability of an Arbitration Clause after the Termination or Expiration of the Written Agreement

Businesses include arbitration clauses in their contracts for many reasons, including to avoid the greater cost of litigation in the courts. However, many business relationships will continue after the termination of a contract…more
 /  Alternative Dispute Resolution (ADR), Commercial Law & Contracts

Use It or Lose It; What Breweries, Wineries and Distilleries Can Do To Protect Their Trademarks from Becoming Abandoned

Trademark abandonment can be an issue for breweries, wineries and distilleries who may offer certain products for limited periods of time or in discrete markets and then attempt to bring them back years later. Abandonment is a…more
 /  Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Intellectual Property

How To Find The Right Distributor For Your Craft Beer

According to the National Beer Wholesalers Association, licensed beer distributors offer more than 13,000 labels produced by some 3,464 U.S. breweries. With the number of craft breweries increasing by nearly 20% per year, the…more
 /  Commercial Law & Contracts

Navigating The Private Right Of Action Under The California Franchise Investment Law

The California Franchise Investment Law (“CFIL”) regulates both the sale and disclosure of franchise opportunities within the state. The law was enacted to “provide each prospective franchisee with the information necessary to…more
 /  Business Torts, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Franchise Law

License to Sue? Court Rules That a Motor Vehicle Dealer Does Not Need a Dealer’s License to Bring a Statutory Claim for Termination without Good Cause

California’s motor vehicle code allows dealers to bring suit against manufacturers for terminating the dealer without good cause. See California Vehicle Code §§ 11713.3, 3060, 3061 and 3066. As currently written, the statutory…more
 /  Civil Procedure, Commercial Law & Contracts, Constitutional Law, Franchise Law, Transportation

Resale Price Maintenance: What Happened To Leegin Ten Years Later?

After four decades, Continental T.V., Inc. v. GTE Sylvania’s rational efficiency explanation for vertical restraints is a well-entrenched paradigm for analyzing both price and non-price distributional restraints. In 2007,…more
 /  Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

The Measure Of Cost In Predatory Pricing Antitrust Claims

The U.S. Supreme Court Implicitly Confirms That The Measure Of Cost In Predatory Pricing Antitrust Claims Is Not Necessarily Determined At The Point When The Consumer’s Participation In The Transaction Comes To An End. Instead,…more
 / 

Where’s This Beer Really From? Lessons on Deceptive Packaging and Labels from AB InBev Litigation

Could your beer label cost you a million dollars? In the last few years, Anheuser-Busch InBev (“AB InBev”) has been hit by class action lawsuits alleging that it deceived consumers as to where its beer is brewed. In October…more
 / 

California Courts reexamine Vertical Price and Distribution Restraints under the Cartwright Act

California Courts begin to Reexamine their Outdated Decisions Addressing Vertical Price and other Distribution Restraints under the Cartwright Act. 1. Introduction - Thirty-five years ago, the California Supreme Court held…more
 /  Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

NINTH CIRCUIT DISMISSES ROBINSON-PATMAN AND SHERMAN ACT CLAIMS, STATING: “WE MUST RETURN THIS CAPITALIST RUMBLE TO THE FORUM WHERE IT BELONGS: THE MARKET.”

Antitrust lawyers well know that price discrimination claims under the Robinson-Patman Act (RPA) can be very difficult to win. For example, going as far back as 1953, the Supreme Court has held that there is no buyer liability…more
 /  Antitrust & Trade Regulation, Franchise Law

Proposed Legislation Would Harm Franchisors Doing Business In California

Proposed amendments to the California franchise laws are quickly advancing through the State Capitol. California Senate Bill 610 and Assembly Bill 1141 were introduced this legislative session in an attempt to radically change…more
 /  Franchise Law

AT&T MOBILITY V. AU OPTRONICS EXTENDS THE CALIFORNIA CARTWRIGHT ACT’S EXPANSIVE GEOGRAPHICAL SCOPE

As all California antitrust lawyers know, California’s principal antitrust statute is the Cartwright Act. The Act “generally outlaws any combinations or agreements which restrain trade or competition or which fix or control…more
 /  Antitrust & Trade Regulation, Franchise Law

Early Impact From California Appellate Court Opinion In The Domino's Pizza Case

As expected, the opinion in Domino’s Pizza now serves as a catalyst for copycat lawsuits by plaintiffs’ lawyers. I recently ran across a lawsuit by a former employee of a Jack In The Box franchisee against both Jack In The Box…more
 /  Franchise Law
The Tutoring Center Franchise Corp. v. Smith

Minute Order Holding Defendant in Contempt and Awarding Attorneys' Fees

Mulcahy LLP, on behalf of client The Tutoring Centor, secured preliminary injunction enjoining defendants' unlawful business activities following the termination of the parties' franchise agreement. Defedants were later held in…more
 /  Franchise Law
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