2011 Super Lawyers Pro Bono Award
Attorney Profile

Carmen D. Caruso

Carmen Caruso

Carmen D. Caruso Law Firm
77 West Wacker Drive, 48th Floor
Chicago, IL 60601

Chicago

Illinois (IL)

Contact Contact Carmen D. Caruso
T: 312-606-8706
F: 312-276-8646

Visit: www.cdcaruso.com
Practice Areas: Franchise/Dealership (50%), Business Litigation (50%)

Franchise/Dealership

Business Litigation

Industry Groups: Automobile, Distribution, Health Care, Hospitality, Licensing, Manufacturing, Petroleum Marketing, Professional Services, Restaurant, Retail

Profile

I am an experienced trial and appellate lawyer who obtains the best results for my clients by pursuing my cases aggressively and wisely, and in planning to win, in the courtroom, from the client's first phone call. My practice is concentrated in representing franchising and distribution clients in a wide variety of litigation, arbitration, and related client counselling -- with an emphasis on protecting the rights of franchisees and dealers.   We also engage in general business and professional liability litigation.  Our clients are located throughout the United States and, internationally.  Our franchise and dealership cases include:  Fraud and RICO claims; breach of contract claims; claims based on the implied covenant of good faith and fair dealing; registration and disclsoure violations; antitrust and pricing issues; supplier disputes; underreporting claims; terminations and non-renewals; trade secret claims; trademark infringement claims; class actions; the enforcement of covenants not to compete.  I have a strong background in a wide variety of complex civil cases -- professional liability claims, contract cases, fraud and RICO cases, business tort claims, trademark and trade secret cases, employment cases (discrimination and sexual harassment), defamation claims, covenant not to compete cases, and various statutory claims.

Selected To

Illinois Super Lawyers 2012
Illinois Super Lawyers 2011
Illinois Super Lawyers 2010
Illinois Super Lawyers 2009
Illinois Super Lawyers 2008
Illinois Super Lawyers 2007
Illinois Super Lawyers 2005

International Locations

Global Region(s): Asia, Australia/New Zealand, Canada (Region), Europe


About Carmen Caruso

Admitted: 1985, Illinois

Professional Webpage: www.linkedin.com/in/ccarusolaw

Honors and Awards:

  • Recognized as an Illinois Leading Lawyer, a Chicago Daily Law Bulletin publication, and serves as a member of the Leading Lawyers Advisory Board.
  • Who's Who Legal Ilinois, Published by the International Bar Association, 2011
  • In each of the last several years, Carmen has been selected by the franchising community as one of the top franchise and dealer lawyers in the United States., Legal Eagle, Franchise Times, a Crain's Publication, 2011

Bar/Professional Activity:

  • Caruso serves on the Illinois Attorney General’s Franchise Advisory Board.
  • Member Illinois State Bar Association, Member Chicago Bar Association
  • Carmen is an active member of the American Bar Association (Forum on Franchising; and Sections of Litigation and Antitrust Law).  

Pro bono/Community Service:

  • Board of Advisors, Catholic Charities of Chicago; and Officer, Fathers Club of Mount Carmel High School in Chicago.

Scholarly Lectures and Writings:

  • Carmen Caruso will be a speaker at the Fall, 2011 American Bar Association (ABA) Forum on Franchising Annual Meeting.
  • Speaker at the American Asian Hotel Owners Association (AAHOA) Annual Meeting in June 2011 in Las Vegas and 2010 in Chicago.
  • Speaker at the Dunkin Donuts Independent Franchise Owners (DDIFO)Spring Franshise Owners Meeting, 2011.
  • Editor, Illinois Chapter Franchise Desk Book of State and Federal Laws published by the American Bar Association Forum on Franchising.
  • This was an advanced trial practice program for experienced franchise litigators.   See www,cdcaruso.com for more information, Presenter, Evidence in Franchise Cases, American Bar Association (forum on Franchising), 2008
  • Authored an article in The Franchise Law Journal, a Publication of the American Bar Association, Franchisees Claims for Constructive Termination Under the PMPA After Mac's Shell,, Published in The Franchise Law Journal Vol. 30 N. 1 Winter Edition 2011, 2011

Verdicts and Settlements:

  • Recent Confidential Seven Figure Settlements -- (1) For Plaintiff Dealers alleging that their dealership agreements were unlawful "hidden franchises" and claiming fraudulent inducement' and (2) For Defendants, a law firm accused of negligence in the preparation of a franchise offering circular (the settlement was approximately 15% of the demand); (3) For Plaintiff Franchisees, we obtained a restructuring of the franchisor's pricing structure that resulted in millions of dollars worth of savings to our clients.Other franchise litigation which we initiated on behalf of a national brand independent franchisee association led to the franchisor's modification of the business plans that we were challenging.

Transactions:

  • We are actively franchising several new ventures including an urgent care clinics, imported automobile dealerships, and home health care services.

Representative Clients:

  • Representation of national independent association (and numerous state franchisee associations) of a major, well-recognized national food industry brand in litigation seeking declaratory and injunctive relief against “coerced concept change” whereby the franchisor seeks to require its franchisees to make investments that will arguably have the effect of converting their historic units into a new brand with consequently higher costs.  
  • Multi-unit franchisees/dealers in the BP and CITGO systems.  Independent franchisee associations in several regional and national brands including the Dairy Queen Operators Association and the National Association of Pre-Cast Wall Manufacturers.  Numerous franchisee/dealer clients in multiple industries.
  • Confidential.  Referrals and further information available on request.

Educational Background:

  • J.D., Loyola University of Chicago School of Law; B.A., Marquette University (1980), cum laude., 1983
Map Location

White Papers

Franchisees Claims for Constructive Termination Under the PMPA After Mac's Shell,

Published in The Franchise Law Journal Vol. 30 N. 1 Winter Edition 2011, a publication of the American Bar Association.

Ready for Trial Your Honor

Co-authored, Ready for Trial, Your Honor Published in The Franchise Lawyer, Vol. 13 N. 2 Spring 2010 a publication of the American Bar Association Forum on Franchising.

Industry Group(s): American Bar Association Forum On Franchising


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