A skilled trial lawyer, Ed Spalty focuses on franchise and complex business litigation including intellectual property, non-compete and trade secret disputes. He previously served as Managing Partner of the Kansas City office and chair of the Antitrust, Franchise and Distribution practice group.
As one of the few franchise attorneys in the region, Ed represents start-up and established franchisors—most often in the hotel and real estate brokerage industries—in all legal issues that develop in licensed networks. He is national counsel for two of the world’s largest franchisors, represents 20 of the most famous 200 brands, and is outside general counsel to one of the best known health care non-profits. Chambers USA says that: “He is lauded for his attentive, dogged no-stone-left unturned approach to litigation.”
On the transactional side, he counsels on the development of optimal corporate structure, agreements, asset protection, operational issues, registration, sales and on the impact of antitrust and trade regulation laws. He also guides franchisors through the process of trademark registration and licensing, and on the protection of those trademarks, trade secrets and other intellectual property.
In state, federal and appellate courts across the country, Ed defends franchisors against vicarious liability claims. These claims include: fraud, personal injury caused by negligence, product liability, consumer protection laws and deceptive practices, civil rights, employment discrimination, harassment, contractual issues, trademark infringement and violations of various federal and state statutes and licensing laws.
Ed’s experience extends to general business tort, class action, product liability and antitrust cases. The majority of his business litigation cases involve trademark infringement, non-compete and trade secret matters. In the product liability area, he defends distributors and manufacturers against claims arising out of accidents involving mechanical products. Within the antitrust arena, Ed defends clients against claims of predatory pricing, refusals to deal, product bundling, price discrimination and price-fixing.