Daniel Gildin, Appellate Attorney in New York

Daniel Gildin is a founding member of the firm and its managing partner since 1985. As managing partner, Dan supervises and coordinates the activities of the firm's attorneys and support staff to ensure that each matter is handled efficiently and to each client's satisfaction.

As head of the firm's litigation department, Dan takes primary responsibility for the firm's most complex litigation matters- - - - negotiating settlements or litigating vigorously, depending on what is advantageous for the client- - - the overriding goal being to find the right solution for the problem. No two cases and no two clients are alike. We take pride in knowing when to fight and when to settle and in customizing the best solution for each client.

Dan has been included in numerous New York Metropolitan Area and United States Super Lawyers and Best Lawyers lists for business litigation and franchising over the past 20+ years.

Due to his varied background and experience, Dan also represents numerous companies as outside general counsel, advising on general business matters, corporate, real estate and other assorted issues and regularly represents tenants in commercial leasing transactions (both shopping center and street locations) nationwide and has worked with most of the major shopping center owners.

Representative Matters

• Representing a luxury furniture franchisor, successfully moved at the pleading stage to dismiss a AAA arbitration proceeding commenced by a franchisee claiming wrongful termination without cause under the Dealership Agreement and the Illinois Franchise Disclosure Act and Illinois Consumer Fraud and Deceptive Business Practices Act and obtained an Award for unpaid royalties which was confirmed in the US District Court for the Southern District of New York.

• Representing the same luxury furniture franchisor, obtained an arbitration award from the AAA terminating a Franchise Agreement with an under-performing franchisee in its most important market, opening the door to outstanding growth of the brand nationwide.

• Representing the limited partnership owner of a multi-unit residential property, obtained summary judgment declaring that the execution by a limited partner of an agreement granting a purported interest in the real property was unauthorized and, therefore, void.

• Representing a real estate brokerage franchisor/defendant, obtained summary judgment in a case filed by 3 franchisees involving common law and statutory claims related to franchise disclosure. The Court granted summary judgment dismissing the statutory claims (a ruling of first impression under both the NY and Rhode Island statutes), and further limited plaintiffs’ sole remaining common law claim, making settlement on extremely favorable terms inevitable.

• On behalf of a fast-casual restaurant franchisor, successfully litigated termination of a multi-unit franchisee in Chicago.

• On behalf of a major hotel franchisor, successfully litigated enforcement of termination of its franchisee at JFK Airport. All claims of the franchisee were dismissed on summary judgment and a judgment against the franchisee and its principals for $3 million was entered.

• On behalf of a Singapore-based licensee of an international indoor skydiving equipment manufacturer/licensor, defeated the claims of the licensor in an international arbitration forum seeking to block the client from purchasing equipment from other sources and successfully prosecuted counterclaims seeking (i) a declaration that the parties’ agreement terminates on a date certain and (ii) an award of significant attorneys’ fees.

• Represented numerous franchisors (including Arby’s Restaurant Group, Inc., IHG Hotels Group, Inc. (Holiday Inn/Crowne Plaza), Weichert Real Estate Affiliates, Inc., Bonchon Franchise LLC, Taco Bell Corp., KFC Corp. and 7-Eleven, Inc.) in franchise termination and post-termination litigation in state and federal courts and bankruptcy courts nationwide.

• On behalf of a nationally recognized business strategy coach, successfully defended claims that a signed term sheet constituted a binding and enforceable agreement, rather than an unenforceable “agreement to agree”, leading to settlement of all claims on favorable terms.

• Representing the writer and performer of the longest-running one-man show in Broadway history, the multi-million dollar claims of a theater owner in NYC against him were quickly (18 minutes) dismissed after a 2-week jury trial

• Successfully defended numerous cases seeking injunctive relief prohibiting competition by former employees, all of which were favorably settled before trial.

• Successfully defended a securities fraud claim against a broker-dealer and its principal officer in US District Court (affirmed by the US Court of Appeals).

Honors

• Super Lawyers, 2009-2010, 2013-2023

• Best Lawyers

Professional Associations

• American Bar Association, Member

• ABA Forum on Franchising, Member