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Since
1985, Carmen D. Caruso has concentrated his trial practice in representing individual and multi-unit franchisees, dealers and distributors, and start-up franchisors in litigation, arbitration and related client
counseling. For these efforts, he has been named a High Flying Legal Eagle by Franchise Times (a leading industry publication) in each year since 2000 and has been invited to address the American Bar Association Forum on Franchising (the largest and most
prestigious association of franchise lawyers) in both 2002 and 2003.
As he stated in a recent Franchise Times interview, Mr. Caruso “has tremendous respect for transactional attorneys who build things”, but litigation is “the essence of being a lawyer.”
As a young lawyer, Mr. Caruso was fortunate to learn his craft from some of the finest trial lawyers in America, notably the former United States Attorneys who prosecuted the "Chicago Seven Conspiracy Trial" following the 1968 Democratic National Convention in Chicago.
Some of Mr. Caruso's many successes -- in both franchise and other types of cases -- include:
-- For Franchisees:
-- Victory in the United States Court of Appeals for a terminated Interim Health Care franchisee in a landmark decision that vindicates the application of the implied covenant of good faith and fair dealing to franchise terminations and the referral of national account business that is controlled by the
franchisor.
-- Recovery by settlement on behalf of a U.S. franchisee and area developer who alleged fraud based on the inclusion by a U.S. subfranchisor in its offering circular of false and misleading financial statements from an Australian parent company.
-- Recovery by settlement on behalf of an Arkansas franchisee who was denied the opportunity to purchase a Chicago franchise, in a civil rights action alleging racial discrimination in franchising.
-- Defeat, in several cases, of motions for temporary restraining order seeking franchise terminations as well as enforcement of post-termination non-compete agreements against franchisees.
-- For Franchisors
-- Successful defense of McDonald's Corporation in an action by the terminated owner of five restaurants for alleged breaches of contract, antitrust and RICO violations.
-- Successful defense of national pizza franchisor accused of breaching duties to franchisees in unsuccessful roll-out of deep dish pizza.
-- In other cases
-- Obtaining one of the largest Rule 11 Sanctions in history against an opposing lawyer who filed frivolous RICO charges against our client, and requiring that sanctioned lawyer to pay all of our client's legal fees and costs.
-- Victory in the United States Court of Appeals on behalf of a terminated female manager in a
predominantly male manufacturing company, in a widely-cited Title VII case that has helped shatter the glass ceiling in employment.
-- Recovery by settlement before trial on behalf of a legal client who was victimized by the alleged negligence of his previous attorneys in their defense of an action for copyright infringement.
-- Successful defense in a state court murder trial.
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Successful cost recovery action under federal environmental laws against a previous owner of a contaminated die casting factory.
-- Seven figure recovery in arbitration against the buyers of a prominent sporting goods business who reneged on the purchase price by concocting a phony challenge to the seller's inventory.
-- Seven figure recovery on behalf of trust beneficiary against some of his co-trustees that
engaged in self-dealing with trust assets.
Trade & Civic Associations
American Association of Franchisees & Dealers (1997-).
Mr. Caruso has been active in this trade association since 1997. The AAFD is dedicated to "fair franchising" through the collective bargaining of equitable franchise and dealer agreements. Mr. Caruso was Program Chair for the AAFD's annual meeting in 2002 (Chicago) and Program Co-Chair in 2003 (Atlanta). He serves on the Fair Franchising Standards Committee and is a past chair or the Amicus Curae (friend of the court) committee. Mr.
Caruso will participate in Franchisees' National
Leadership Summit and speak at the 2004 Annual Meeting
on the topic of how Independent Franchisee Associations
can effectively influence franchisor conduct.
American Franchisee Association (1997-2001)
Mr. Caruso spoke at the Legal Symposiums
sponsored by the AFA from 1997 through 2001 when the
last symposium was held.
International Franchise Association (2003-). The IFA is the largest trade association in franchising. It primarily represents the interests of franchisors although franchisees are encouraged to become members. Mr. Caruso is an Affiliate member of the IFA through Schwartz Cooper.
Asian American Hotel Owners Association
(2003-)
Carmen D. Caruso and Schwartz Cooper are
Allied Members of AAHOA, and offer legal services to
its members ranging from litigation and arbitration,
dispute resolution, and business planning.
NASD Dispute Resolution, (National Association of Securities Dealers) Board of Arbitrators. (2002-).
Leadership Council for Metropolitan Open Communities, panel attorney (1997-)
Catholic Charities of Chicago, member, Board of Advisors (1997-)
Union League Club of Chicago (1987-)
Marquette University Alumni Club of Chicago (1980-).
Mount Carmel High School (2001-) Father's Club.
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