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Cynthia M. Klaus is an attorney in the Business Litigation Department of Larkin Hoffman. She handles a broad range of commercial disputes, including breach of contract issues, business torts, shareholder disputes, products liability, contract termination issues, enforcement of covenants not to compete, and enforcement of trademark and other intellectual property rights. Cynthia has significant experience representing franchisors and manufacturers in litigation as a member of the firm’s Franchise and Distribution practice group. Bar Admissions Minnesota, 1997 U.S. District Court, District of Minnesota U.S. Court of Appeals, 8th Circuit U.S. District Court, District of Colorado U.S. Tax Court Professional Associations & Memberships American Bar Association, Forum on Franchising International Franchise Association Minnesota State Bar Association Minnesota Women Lawyers Women in Franchising Larkin Hoffman Daly & Lindgren Ltd. Chair of Summer Law Clerk Program, 2007-present Legal Personnel Committee, 2008-present Education University of Minnesota Law School, Minneapolis, MN, 1997 J.D.
Service Areas
Franchise and Distribution Litigation |
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Franchise and Distribution Experience
Franchisor Saves Market, Protects Customer List From Competitor
A franchisor client contacted Larkin Hoffman after it received a letter from one of its largest multi-unit franchisees, indicating they were closing all their stores, and demanding a six figure payment to protect from having more than 10,000 customer names and information delivered to a competitor. On one day’s notice, we obtained an injunction, prohibiting disclosure of the confidential information. That injunction led to the client taking over the entire business.
Courts Grant Two Separate Franchisors’ Motions to Dismiss Lawsuits and Enforce Contractual Mediation Provision
Despite having mandatory mediation and binding arbitration provisions in their franchise agreement, two franchisees of two different franchisors we represent brought suit in California, 18 months apart, seeking both damages and injunctive relief against our franchisor clients. In each case, we had the lawsuit dismissed, and each dismissal led to favorable settlements for our clients.
Protection of Franchisor Confidential Information
A national franchisor contacted Larkin Hoffman when their Minneapolis franchisee ceased operations and transferred customer records to a competitor.
Court Watch: Franchise Alert- December 2011
In the December 2011 issue of the Law Journal Newsletter's – Franchising Business & Law Alert, Cynthia Klaus discusses three recent cases.
Court Watch: Franchise Alert -July 2011
In the June 2011 issue of the Law Journal Newsletter's – Franchising Business & Law Alert, Cynthia Klaus and Meredith Bauer discuss the recent decision by the U.S. Supreme Court enforcing class arbitration waivers.
Court Watch: Franchise Alert - March 2011
A California court recently decided that a franchisee of several McDonald's restaurants was reasonably likely to succeed on the merits of his claim that the franchisor had agreed to renew three franchise with fewer than five years remaining on the agreements when it approved of the franchisee's purchase of the restaurants from another franchisee.
Court Watch: Franchise Alert - Dec. 2010
In the December 2010 issue of the Law Journal Newsletter's – Franchising Business & Law Alert, Cynthia Klaus and Meredith Bauer discuss a recent case that highlights the tensions that can arise when disputes occur among franchisees. Although not directly involved, a franchisor can unwittingly be pulled into a lawsuit or be subject to a claim based on a franchisee's frustration that it is failing to do enough to resolve the dispute.
To read the article, click here.
Court Watch: Franchise Alert - Sept. 2010
In the September 2010 issue of the Law Journal Newsletter's – Franchising Business & Law Alert, Cynthia Klaus and Meredith Bauer discuss the potential of a franchisee rescinding the purchase of a franchise and what a recent court decision means for franchisors.
Court Watch: Franchise Alert - March 2010
In the March 2010 issue of the Law Journal Newsletter's Franchising Business & Law Alert, Cyndi Klaus and Meredith Bauer discuss developments in antitrust law relative to franchise and distribution agreements.
Personal Liability of Franchisor Executives and Employees Under State Franchise Laws
Cynthia Klaus discusses statutory provisions regarding personal liability of franchisor executives, differences in how the provisions have been interpreted, and the lack of litigation under these laws.
Minnesota Supreme Court Clarifies Statute of Limitations for Negligence Claims
On September 3, 2009, in the case of Fleeger v. Wyeth, et al., 771 N.W.2d 524 (Minn. 2009), the Minnesota Supreme Court issued a decision that will potentially allow more products liability and negligence cases to go forward under Minnesota’s statute of limitations.
Court Watch: Franchise Alert - September 2009
In the September 2009 issue of the Law Journal Newsletter - Franchising Business & Law Alert, Cynthia Klaus and Meredith Bauer discuss a Hawaii District Court's evaluation of what constitutes an indirect franchise fee.
Court Watch: Franchise Alert - June 2009
In the June 2009 issue of the Law Journal Newsletter - Franchising Business & Law Alert, Cynthia Klaus and Meredith Bauer discuss the inconsistent circumstances in which arbitration awards may be modified or vacated by a court and also how franchisors can protect their systems from post-termination use of phone numbers by former franchisees.
Court Watch: Franchise Alert - March 2009
In the March 2009 issue of the Law Journal Newsletter - Franchising Business & Law Alert, Cynthia Klaus and Meredith Bauer discuss noncompete provisions in franchise agreements, specifically pertaining to a franchisee's ability to lease a franchised location to a competitor.
Fair and Accurate Credit Transactions Act
The Fair and Accurate Credit Transactions Act ("FACTA") responds to consumer concerns about credit card identity theft. FACTA prohibits merchants from printing (1) more than the last five digits of a credit or debit card number and (2) the card's expiration date on receipts. A hot issue for litigation has been whether credit card numbers and expiration dates displayed on-screen as part of online transactions are "printed" within the meaning of FACTA.
Court Watch: Franchise Alert - December 2008
In the December 2008 issue of the Law Journal Newsletter - Franchising Business & Law Alert, Cynthia Klaus and Meredith Bauer discuss jury trial waiver provisions in franchise agreements.
Covenants Not to Compete Found Unenforceable in Georgia
In the September 2008 issue of the Law Journal Newsletter - Franchising Business & Law Alert, Cynthia Klaus discusses a franchisor's noncompete agreement that the Georgia Court of Appeals found unenforceable.
Court Watch: Franchise Alert - July 2008
In the July 2008 issue of the Law Journal Newsletter - Franchising Business & Law Alert, Cynthia Klaus discusses a franchisor's non-compete agreement upheld in New Jersey.
Can I Go To Federal Court To Confirm or Vacate My Arbitration Award?
Cyndi Klaus discusses arbitration awards in the April 2008 edition of The Franchise Lawyer, an American Bar Association publication.
Court Watch: Franchise Alert - March 2008
Cynthia Klaus discusses current franchise issues.
Klaus and Bauer Present on Contract Law
Cynthia Klaus and Meredith Bauer will present, "Understanding Contracts: Making Them, Living With Them" at the National Concierge Association Convention.
2010 Minnesota Law & Politics Rising Stars
Eight Larkin Hoffman attorneys selected for the 2010 Minnesota Law & Politics Rising Stars® list.
Eight Larkin Hoffman Attorneys Selected as 2009 Rising Stars
Eight Larkin Hoffman attorneys named to the Minnesota Law & Politics Rising Stars® list.
Larkin Hoffman Attorneys Named as 2008 Minnesota Law & Politics Rising Stars
Nine Larkin Hoffman attorneys have been named to the 2008 Rising Stars list published by Minnesota Law & Politics magazine.
Larkin Hoffman Women's Networking Event at the Minneapolis Central Library
The Larkin Hoffman women attorneys hosted a professional networking event at the the Minneapolis Central Library. The annual event strives to connect women with women to foster professional relationships.Larkin Hoffman Women's Networking Event
The Larkin Hoffman women attorneys hosted a professional networking event at the Target Field Metropolitan Club.
Four Larkin Hoffman Franchise Attorneys to Participate in the 43rd Annual IFA Legal Symposium
Larkin Hoffman Franchise Attorneys Jim Susag, Chuck Modell, Cynthia Klaus, and Pam Merkle participated in the 43rd Annual IFA Legal Symposium held on May 17-19, 2010 at JW Marriott in Washington, DC.
Fittante Plans Annual Forum on Franchising
Joseph Fittante selected as program co-chair for the 31st Annual American Bar Association Forum on Franchising.
Fittante, Klaus and Modell Speak at the International Franchise Legal Symposium
Joe Fittante, Cyndi Klaus and Chuck Modell Speak at the International Franchise Legal Symposium
