Profile
James Mulcahy is a Certified Specialist in Franchise and Distribution Law, State Bar of California Board of Legal Specialization. He is the managing partner of Mulcahy LLP and specializes in antitrust, intellectual property, franchise, and distribution litigation. He was appointed co-chair of the California Bar Association Franchise Law Committee from 2005 to 2007 and served as a member of the California Bar Association Franchise Law Consulting Group and Franchise and Distribution Law Advisory Commission from 2005 to 2008. Mr. Mulcahy wrote the chapters on Handling DOC Enforcement Actions and on Antitrust in California Franchise Law and Practice (2011); and wrote the chapter on unlawful tying arrangements in Antitrust Law and Economics of Product Distribution (2006).
About James Mulcahy
Admitted: 2001, California
Professional Webpage: www.mulcahyllp.com/team/james/
Honors and Awards:
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AV® Preeminent™ Rated, Martindale-Hubbell Lawyer Directory
Special Licenses/Certifications:
- The California Board of Legal Specialization and the Franchise & Distribution Law Advisory Commission has certified Mr. Mulcahy as a franchise and distribution law specialist.
Bar/Professional Activity:
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Mr. Mulcahy is a frequent author and speaker on franchise, distribution, and competition issues for, among others, the California State Bar, the International Franchise Association, and the American Bar Association Antitrust Section.
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Admitted: 1979, Illinois, Northern District of Illinois; 2001, California, U.S. District Court, Central, Southern, and Eastern Districts; U.S. Court of Appeals, Sixth, Seventh, and Ninth Circuits; U.S. Supreme Court.
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Active member of the National Panel of Arbitrators, the National Futures Association, the National Association of Securities Dealers, and the American Bar Association (Franchise Forum, Antitrust, Intellectual Property, and Litigation sections).
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Co-Chair of the Franchise Law Committee of the California State Bar (2005–2006).
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Member (2005–2007), Franchise Law Consulting Group, and Franchise & Distribution Law Advisory Commission, State Bar of California Board of Legal Specialization. He is one of seven attorneys charged with writing the exam and establishing the necessary qualifications for attorneys to become certified specialists in franchise and distribution law — a new certified specialty practice in California.
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Member of the International Network of Boutique Law Firms, and is currently the President of INBLF’s Los Angeles chapter. The INBLF is an organization of the most highly credentialed and preeminent single-discipline law firms throughout the United States and some of the world’s most prominent full-service law firms in foreign nations.
- Certified Specialist in Franchise and Distribution Law for the State Bar of California, Board of Legal Specialization.
Scholarly Lectures and Writings:
- Exclusive Distributorships and Dual Distribution: How to Avoid Dealer Litigation, which appeared in the November 2002 issue of the Orange County California Lawyer.
- Current Developments in Franchise Law for the Business Law Section, Franchise Law Committee, California State Bar Association in March, 2003; and
- Hot Topics in Franchise Litigation: Rights and Remedies of Franchisees and Franchisors, presented to the California State Bar Annual Meeting in September, 2003,
- Hot Topics in Franchise Litigation presented during the California State Bar annual meetings in September 2004;
- Franchise Fundamentals: A Guide for the Uninitiated from a Regulatory, Transactional, and Litigation Perspective presented to the California State Bar annual meeting in September, 2004;
- Hot Topics in Franchise Litigation: Recent Developments Involving the Rights, Remedies, and Alternative Dispute Resolution Procedures for California Franchisors and Franchisees, presented to the California State Bar Annual Meeting in September, 2005;
- Franchise Agreement Drafting – Basic Tracks presented during the International Franchise Association’s Annual Symposium in May, 2006;
- Recent Decisions and Legislation: California Franchise and Distribution published in the June, 2006 edition of Business Law News for the California State Bar, Business Law Section;
- An Overview of New Franchise Legislation and Pre-Dispute Arbitration Provisions: Issues of Unconscionability and Enforceability under California Law, which was presented during the California State Bar annual meeting in September, 2006;
- Contributing author of Chapter 5: Tying Law and Policy in Antitrust Law and Economics of Product Distribution by the American Bar Association, Antitrust Law Section (2006);
- Hidden Franchises: Definition and Consequences, Federal and State Laws, which was presented to the California State Bar, Education Institute Section in January, 2007;
- Inadvertent Franchises: Risks and Remedies, which was presented to the Orange County Bar Association, Business and Corporate Law Section in January, 2009;
- Inadvertent Franchises: Risks and Remedies, which was presented to the San Diego County Bar Association, Financial Professional Liaison Section, in March, 2009;
- Mr. Mulcahy’s publications include, among others: Chapter 5 (Handling Department of Corporations Enforcement Actions) and Chapter 11 (California State Antitrust Law Issues) of the CEB's new publication entitled California Franchise Law and Practice (2011);