James A. Ullman

 
 
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Jim is recognized as one of the leading attorneys in the United States specializing in franchise and intellectual property law. He brings to the table a common sense approach for his clients. Jim learned franchising early in his career as an in-house counsel to an international transportation company that commenced franchise activities in the early 1980s. Subsequently, Jim spent many years practicing in large law firm environments acquiring expertise and ultimately mentoring newer franchise attorneys. Throughout the years, he has worked on a number of significant deals for national and multi-national corporations and major financial institutions, including private equity and venture capital groups. On occasions, he has served as Special Counsel to prominent law firms seeking his advice relative to the franchise aspects of complicated merger and acquisition transactions. In addition, Jim acts as a catalyst to nurture start-ups and help successful businesses that desire to expand through franchising.

In the capacity of representing a start-up franchise, Jim fully comprehends the needs of his clients. He acts as a business advisor and counselor who will guide them cost-efficiently and expeditiously. Jim’s early in-house experience with a high-profile entrepreneurial company provides him the insight to understand and solve the challenges that new franchisors face when launching a new licensing system. Jim has franchised clients in a vast array of industries, businesses and professional endeavors including: quick service restaurants, fine dining restaurants, cosmetics and beauty supply stores, electronics, hotels and casinos, daycare facilities, med spas, yoga studios, senior living placement, sleep apnea clinics, dental practices, bakeries and gourmet pastries and vision apparel retailers.

Jim also enjoys representing franchisees, whether acquiring single or multiple units. His depth and breadth of experience representing franchisors, both as in-house counsel and in private practice, translates well in reviewing, analyzing, critiquing and negotiating franchise agreements from the perspective of a client desiring to join a franchise system. Jim ensures that his clients will gain an understanding of the obligations and commitments that are required. He informs his franchisee clients about the document terms, educating them with the knowledge to make an informed investment decision.

Whether it be a single unit acquisition or a large multi-national transaction, Jim’s ability to negotiate and attention to detail are hallmarks of his representation. His earnest desire to help clients achieve success is evidenced in deals such as the engagement that won Latin American Deal of the Year for Jim and the members of his acquisition team.

A key ingredient of any franchise or licensing system is the intellectual property that has been developed and needs to be protected. Over the years, Jim has worked collaboratively with his clients and their management and marketing personnel to brand products and services.

These services include trademark clearance and prosecution at the U.S. Patent and Trademark Office, ongoing maintenance and policing of Marks and brand protection activities. Jim serves as outside counsel to several clients maintaining multi-national trademark portfolios and liaises with foreign counsel in virtually every jurisdiction throughout the world.

Copyright protection is also a key aspect of intellectual property law and Jim is able to guide clients to maintain these valuable rights. In the franchise context, Jim often reviews operational manuals. His role is to ensure they accurately and comprehensively reflect the licensed businesses, enabling new franchisee training to proceed smoothly. 

Recognition:

  • The Best Lawyers in America® 2020 & 2021

    - listed every year from 1995 to present

  • Southwest Super Lawyers® 2007-2020

    - Franchise/Dealership category

    - Top 50 Arizona Attorneys Recognized 3 Consecutive Years

    - Arizona’s only franchise Super Lawyer® 2017

Education:

  • University of Michigan, B.A., 1968

  • State University of New York at Buffalo, J.D. 1971

Selected Publications and Presentations:

  • Author, “New Arizona Law Releases Chokehold on Franchise Employment Status Dilemma”, May 2017

  • Author, “Is Your Dispute, Subject to Arbitration Under Your Franchise Agreement, Going to be Litigated in Court?” Dickinson Wright Franchise and Distribution Newsletter, March 2017

  • Co-Presenter, “Are You Ready to Franchise or Expand Your Product or Service Line?,” Quarles & Brady Franchising Workshop Series, January 2015

  • Panelist, “Franchisors and Multi-Unit Franchisees: Plan a Smart Exit Strategy,” October 2014

  • Presenter, “Look Before You Leap – Top 10 Pitfalls for an Upstart Franchisor,” International Franchise Association Law Conference, Washington, D.C., May 2014.

  • Presenter, “Is Your Business Ready to Franchise?,” February 2010

  • Presenter, American Law Institute/American Bar Association “Restaurant Law,” Washington, D.C., 2002