Ernie Baird and Jim Reed have represented clients in motion and appellate practice regarding Sherman Antitrust Title I and II actions, state and federal unfair trade practice claims, including Robinson-Patman Act claims, commercial defamation, and civil RICO claims.
Franchise and unfair competition claims, including commercial defamation, franchise agreement violations, antitrust and civil RICO claims, are complex and document intensive.
Ernie Baird is an experienced and respected franchise agreement attorney, and provides flexible service agreements for start-up companies and franchisees that he believes will succeed long-term. He has handled numerous franchise disputes and commercial defamation claims, typically settling them on reasonable terms. As Arizona State House of Representatives Majority Leader in the 1990’s, Baird co-sponsored the Arizona Limited Liability Company Act, the second of its kind in the United States. He is an expert on the functioning and tax implications of LLC and Chapter S corporations, and is the quiet counselor and advisor that corporations seek out. And as the former managing partner of Baird Williams & Greer, LLP, and a longtime business lawyer, Baird knows the inside and out of normal corporate practices; this lends itself well to settling business v. business or business v. member disputes.
Jim Reed has won summary judgment motions or otherwise beaten commercial defamation cases, multiple civil RICO actions, and unfair trade practice claims during his 25+ year career in Arizona. Reed defeated a twenty-six million dollar RICO claim on summary judgment in defense of a co-defendant with Lake Havasu City, affirmed by Division One. Reed recently forced a settlement of a three million dollar commercial defamation claim by pursuing discovery of U.S. Postal Authority criminal investigation and moving for summary judgment, for a de minimis payment of attorney fees and costs. In 2015, Reed was amicus counsel of record for several antitrust professors in the successful Third Circuit Court of Appeals decision in Mylan Pharmaceuticals Inc. v. Warner Chilcott Public Limited Company, 838 F. 3d 421 (3d Cir. 2016), and was quoted in the national law daily “Law360” regarding the delicate legislative balance between patent law and antitrust law and the effect upon consumer interests.
In addition to litigation, Baird and Reed provide day-to-day counseling to clients on a variety of business matters involving internal audits, royalty agreements, licensing and franchise agreements, pricing practices, and joint ventures. As antitrust and unfair competition law becomes an increasingly used litigation claim, Ernie Baird and Jim Reed can help you better understand your legal rights and responsibilities.
