Jason M. Murray


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President & Chief Executive Officer

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201 S. Biscayne Blvd.
Suite 2800
Miami FL 33131
Phone: 305-913-1347
Direct Dial: 305-777-6329
Fax:
Email: jmurray@murraylawpa.com
vCard: Download

Bar Admissions

  • Florida
  • District of Columbia

Court Admissions

  • United States Supreme Court
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • Florida State Courts
  • District of Columbia Court of Appeals

Practice Experience

  • Mr. Murray practices in the area of franchise and distribution law and provides counsel and assistance with creating, managing, licensing, protecting and enforcing franchised business relationships, product distribution systems and dealership networks. His franchise and distribution law practice specifically relates to licensing and development, regulation and compliance, and dispute resolution through mediation, arbitration and litigation. Mr. Murray's litigation experience consists of general commercial litigation in state and federal courts, including franchise and distribution law, intellectual property, and real property matters.
  • His extensive experience in the area of franchise, distributor, and dealership dispute resolution includes negotiation, mediation, arbitration and litigation in matters involving disputes over termination, covenants not to compete, trademark infringement, wrongful use and/or theft of intellectual property, breach of contract, and statutory violations. Often times the resolution of these disputes includes a demand for injunctive relief. Specifically, Mr. Murray represents franchisors in actions in both state and federal courts to enforce post-termination provisions of franchise agreements, to prevent disclosure of confidential information, and to stop the wrongful use of trademarks and intellectual property by terminated franchisees. Additionally, he represents sub-franchisors, master franchisees, area developers, and multi-unit franchisees seeking to prevent a franchisor from wrongfully terminating a franchise relationship. In representing manufacturers/distributors, Mr. Murray has litigated complex antitrust issues regarding the termination of distribution arrangements.
  • Jason Murray provides full-service franchise legal compliance programs that include the structuring, registration and updating of franchise offering documents throughout the United States. He oversees the preparation of all the required federal and state-specific disclosure provisions and drafts all the contracts necessary to establish, protect and enforce franchised business relationships. Mr. Murray maintains the on-going disclosure, reporting and registration renewal needs of clients in strict compliance with all the federal and state laws that govern their franchise, distributor and dealer relationships.
  • Additionally, his practice includes the representation of developers, mortgage lenders and title companies in litigation involving disputes over real property.
  • Mr. Murray is a member of the American Arbitration Association Commercial Arbitrator Panel. Additionally, he serves as an arbitrator for Franchise Arbitration and Mediation Services, an arbitration and mediation referral service specializing in the resolution of disputes between franchisors and franchisees or otherwise involving franchising issues, using alternative dispute resolution techniques.

Representative Matters

  • Representation of retail pharmacy franchisor in providing a full-service franchise legal compliance program that include the structuring, registration and updating of franchise offering and disclosure documents throughout the United States.
  • Representation of master franchisee for an office supply systemin resolving disputes with Florida franchisees over issues involving system standards, training, system support, and royalties.
  • Representation of a packaging and shipping franchisor in state court action against franchisee related to the franchisee's breach of its franchise agreement by failing to pay royalties and the franchisor's decision to terminate the franchise agreement. Despite termination of the franchise agreement, the franchisee continued to operate and use trademarks, service marks, trade names and trade dress which infringed upon the rights of the franchisor in violation of law. The action involved claims for trademark infringement; false designation of origin; injury to business reputation and dilution; deceptive and unfair trade practices; misappropriation of trade secrets; and injunctive relief.
  • Representation of a business consulting franchisor in federal court action brought by franchisee alleging that the franchisor's failure to take action against certain franchisees that were in non-compliance with franchise system standards constituted breach of contract, breach of the duty of good faith and fair dealing, and supported other claims because the franchisor failed to fulfill its obligations contained in the franchise agreement.
  • Representation of licensor and its president in federal court action brought by licensee claiming that the licensor's business arrangement constituted a franchise and that the licensor failed to comply with state and federal franchise laws.
  • Representation of home improvement franchisor in an arbitration action brought by franchisee seeking to rescind the franchise agreement and to recover damages by alleging: 1) franchisor failed to provide franchisee a Uniform Franchise Offering Circular; 2) franchisor provided false and misleading information concerning historical and projected revenue and profitability of franchise; and 3) franchisor breached the franchise agreement.
  • Representation of a foreign manufacturer in state and federal court actions arising out of dispute over the termination of distribution arrangement for home security systems. Distributor requested and obtained from an arbitrator an interim order freezing the foreign manufacturer's U.S. assets stored in a bonded warehouse facility. Distributor filed a verified petition in state court to confirm the arbitrator's interim decision freezing the assets of manufacturer, and also requested an emergency hearing to prevent the manufacturer from removing any assets out of the United States. Foreign manufacturer filed a federal declaratory judgment action coupled with a request for preliminary and permanent injunctive relief seeking to enjoin distributor from proceeding with the arbitration which clearly exceeded the scope of the arbitration clause contained in the parties' agreement.
  • Representation of a domestic clothing manufacturer in a state court action brought by a distributor claiming that the manufacturer's decision to cease selling its merchandise to the distributor following the request of another distributor that the manufacturer deal only with one distributor in a certain geographical area constituted an unreasonable vertical restraint on competition in violation of Florida's antitrust laws.
  • Representation of an investment company in the acquisition of a restaurant franchise system.
  • Representation of a start-up quick service restaurant franchisor in the preparation of all state-specific disclosure provisions and the drafting of all the contracts necessary to establish, protect and enforce the franchised business relationship.
  • Representation of a home improvement franchisor in the preparation of asset purchase and sale agreement to acquire assets of a franchisee.
  • Representation of casual dining restaurant franchisee in the purchase of a franchise unit and the acquisition of real estate for the franchise business.

Representative Decisions

  • Wright v. City of Miami Gardens, 200 So. 3d 765 (Fla. 2016)
  • Johnson v. Pires, 968 So.2d 700 (Fla 4th DCA 2007).
  • Gold X-Press Corp. v. Very Beary Venture I, No. 03-60176-CIV-ALTONAGA/Bandstra, 2003 U.S. Dist. LEXIS 19747 (S.D. Fla. October 3, 2003).
  • Kidder, Peabody & Co., Inc. v. Brandt, 131 F.3d 1001 (11th Cir. 1997).
  • Smith Barney, Inc. v. Hyland, 969 F. Supp. 719 (M.D. Fla. 1997) aff'd, No. 97-2846, slip op. (11th Cir. June 19, 1998).
  • United Impex, Inc. v. Citibank, N.A., 677 So.2d 1006 (Fla. 3d DCA 1996).

Publications

Speaking Engagements

  • Co-presenter with Erica L. Calderas, “Good Faith and Fair Dealing – Alive and Well or is it a Matter of Business Judgment?” presented to the American Bar Association Forum on Franchising 39th Annual Forum on Franchising Meeting on November 2-4, 2016 in Miami, Florida.
  • Co-Presenter with Michael J. Boxerman and James M. Susag, "The Fight Over Where to Fight: Removal, Transfer of Venue and Compelling Arbitration," presented to the American Bar Association Forum on Franchising, 34th Annual Forum on Franchising Meeting on October 19-21, 2011 in Baltimore, Maryland.
  • Speaker, "Create Your Own Job and Be Your Own Boss" at the Soul Saving Station For Every Nation, Florida District Conference, Sunny Isles, Florida (July 7-10, 2011).
  • Speaker, "Antitrust Aspects of Franchise and Distribution Relationships," presented to The Florida Bar Association on behalf of The Florida Bar Continuing Legal Education Committee, The Florida Bar Business Law Section, and the American Bar Association Forum on Franchising at The Florida Bar and ABA Forum on Franchising Joint CLE Course, Fundamentals of Franchising 2011.
  • Panelist, "Whose Job Is It?" for the Diversity Summit of the Florida Association for Women Lawyers (May 20, 2011).
  • Co-Presenter with Kathie S. Lee and Jan Gilbert, "Game Changers: new Laws Affecting Franchise Systems in 2011," International Franchise Association's 44th Annual Legal Symposium, Washington, D.C. (May 15-17, 2011).
  • Co-Presenter with Cynthia M. Klaus and K. Kristann Carey, "Vicarious Liability," presented to the American Bar Association Forum on Franchising, 31st Annual Forum on Franchising Meeting on October 15-17, 2008 in Austin, Texas.
  • Speaker at the Wilkie D. Ferguson, Jr. Bar Association's Young Lawyers Boot Camp at Carlton Fields' Miami office, provided guidance on how to plan a future in law practice, market yourself, and build a book of business (June 7, 2008).
  • "Enjoining Nonsignatories to Covenants Against Competition," presented to The Florida Bar Business Law Section on behalf of the Antitrust Franchise & Trade Regulation Committee of The Florida Bar on December 6, 2007 in Miami, Florida.
  • Panelist, "Practicing with Professionalism," at The Florida Bar Young Lawyers Division's seminar in Miami.
  • Panelist, "Franchising," Focus on Small BusinessConference on November 1, 2007 in Coral Gables, Florida.
  • Conducted a three-hour workshop for the Wilkie D. Ferguson, Jr. Bar Association's Board Retreat on August 11, 2007.
  • Co-Presenter with Michael R. Gray, "The Enforcement of Covenants Against Competition," presented to the American Bar Association Forum on Franchising, 28th Annual Forum on Franchising Meeting on October 19-21, 2005 in Orlando, Florida.
  • "An Overview of a Commercial Trial," presented to The Florida Bar Association on behalf of The Florida Bar Continuing Legal Education Committee and the Young Lawyers Division at The Florida Bar CLE Course, Basic Commercial Litigation 2005.
  • Co-Presenter with Nancy G. Gourley, "As Good As It Gets: The Rise of Mediation Options," presented to the American Bar Association Forum on Franchising, 26th Annual Forum on Franchising Meeting on October 22-24, 2003 in Hollywood, Florida.
  • "Beginning and Ending Franchise Relationships: The Florida Franchise Act and Franchise Relationship Laws," presented to The Florida Bar Association, 2003 Midyear Meeting.
  • "Practical Steps down the Road to Diversity," presented to the National Association for Law Placement (NALP) at the 2003 Annual Education Conference on April 23-26, 2003 in Orlando, Florida.
  • "The Cost of Education: An Update on Selected Issues in Florida Franchise Law," presented to the American Corporate Counsel Association, 2001 Corporate Counsel Institute.
  • "Florida Deceptive and Unfair Trade Practices Act," presented to The Florida Bar Association on behalf of the Antitrust Franchise & Trade Regulation Committee of The Florida Bar at The Florida Bar 2000 Midyear Meeting.
  • Co-Presenter with Edward Wood Dunham and Mitchell S. Shapiro, "Advanced Litigation Topics: The Franchisor And Franchisee Perspectives," presented to the American Bar Association Forum on Franchising, 21st Annual Forum on Franchising Meeting on October 28-30, 1998 in Philadelphia, Pennsylvania.
  • Jason is a frequent lecturer and author both in the substantive areas of law in which he practices as well as in areas related to promoting equal opportunities in the legal profession for minority lawyers and the economic empowerment of minority communities.

Professional Recognition

  • AV rated by Martindale-Hubbell 2001-2017
  • Recipient, The Wilkie D. Ferguson, Jr. Bar Foundation’s 2016 Distinguished Honoree Award
  • Recipient, Diversity Best Practices' 2008 Diversity Officer Leadership Award
  • Recipient, The Florida Bar Young Lawyers Division's 2003 Diversity and Gender Sensitivity Award
  • Honoree, Twelve Good Men 2001, Ronald McDonald House
  • 1999 and 1995 Recipient, Pro Bono Service Award from "Put Something Back," a joint pro bono project of the Eleventh Judicial Circuit and the Dade County Bar Association
  • Listed in The Best Lawyers in America 2007-2017 editions
  • Listed in Franchise Times Legal Eagle 2011-2017
  • Listed in United Who's Who 2006
  • Listed in Florida Super Lawyers 2006, 2013-2017
  • Listed in Florida Trend magazine's 2004 Florida Legal Elite issue
  • Listed in Miami Metro magazine's 2001 South Florida Legal Guide to Top Lawyers
  • Listed in The Miami Herald newspaper's People to Watch in 2001 special insert
  • Listed in Franchise Times magazine's 2001 Hotshots Under 40 issue
  • Named Best Lawyers' 2013 "Lawyer of the Year" for Franchise Law in Miami

Professional and Civic Activities

  • Florida Supreme Court Task Force on Management of Cases Involving Complex Litigation (2006-09)
  • Eleventh Judicial Circuit Grievance Committee "B", Member (2009-10), Chairman (2010-12)
  • Eleventh Judicial Circuit of Florida Ad Hoc Committee on Complex Business Litigation Section (2006-08)
  • United States District Court, Southern District of Florida Ad Hoc Committee on Attorney Admissions, Peer Review and Attorney Grievance (2003-05)
  • United States District court, Southern District of Florida Federal magistrate Judge Merit Selection Panel (2010)
  • American Law Institute
  • American Bar Foundation, Fellow
  • American Bar Association
    Forum on Franchising
    Topic & Article Editor, Franchise Law Journal (2013 – Present)
    Associate Editor, The Franchise Lawyer (2005-08)
    Diversity Caucus Steering Committee (2010-13)

    Section of Litigation
    Associate Editor, Litigation Magazine (2000-06)

    ABA Intellectual Property Law Section, Franchising Committee
  • National Bar Association
    Commercial Law Section
    Minority Partners in Majority Law Firms Div. (1999-12)
  • Federal Bar Association
  • The Florida Bar
    Equal Opportunities Law Section
    Trial Lawyers Section

    Business Law Section
    Member, Executive Council (2002-2012)
    Antitrust, Franchise & Trade Regulations Committee Chair (2003-04, 2009-11), Vice-Chair (2002-03)
    Chairman, Diversity Committee (2009-12)
  • Virgil Hawkins Florida Chapter National Bar Association
  • Dade County Bar Association
    President (2015-Present)
    President-Elect (2014-15)
    Vice President (2013-14)
    Secretary (2012-13)
    Treasurer (2011-12)
    Member, Board of Directors (1998-01, 2011- Present)
    Member, Executive Committee (1998-99, 2000-01, 2011-Present)
    Chairman, Judicial Issues Committee (2000-01)
    Chairman, By-laws Committee (2001-02)
    Member, Membership Committee (2001-02)
    Member, Editorial Board, The Bulletin, DCBA Newspaper (1999-01)

  • Wilkie D. Ferguson, Jr. Bar Association
    f/k/a Black Lawyers Association, Inc.
    Immediate Past President (2001-02)
    President (2000-01)
    President-Elect (1999-00)
    Member, Executive Committee (1999-02)
    Chairman of Elections Committee (2001-02)
    Chairman, Scholarship Selection & Banquet Committee (1999-00)
    Chairman of By-laws Committee (1999-00)
  • Miami-Dade County Black Affairs Advisory Board (2002-2004)
  • The Soul Saving Station of Christ's Crusaders of Florida, Inc.
    Assistant Pastor & Vice President (2013 – Present)
    Ordained Minister (2013 – Present)
    President, Men’s Department (2013 – Present)
    President, Youth Department (2012 – Present)
    Licensed Minister (2010 – Present)
    Member, Board of Directors (2008 – Present)
    Superintendent of the Sunday School (2006 – Present)
    Assistant Superintendent of the Sunday School (2001 – 2006)
    Member, Prison Ministry Team (2001 – 2006)
    Chairman, Anniversary Committee (2000 – Present)
    General Counsel (1999 – Present)
    Counsel (1992 – 1999)
  • Miami Midnight Basketball League, Inc.
    President (1995-97)
    Chairman, Executive Cabinet (1995-97)
    Member, Board of Directors (1995-97)
    Chairman, Special Task Force to Restructure & Reorganize Corporation (1995)
    Chairman, Law & Legislative Affairs Comm. (1994-95)
    Member, Advisory Board (1993-95)
    Mentor (1993-97)
  • Duke University Alumni Admissions Advisory Committee for Miami
  • Duke Club of Miami/Ft. Lauderdale
    Vice President (1995-96)
    Member, Board of Directors (1994-96)
  • BAC Funding Corporation
    Member, Board of Directors (2002-11)
  • Greater Miami Chamber of Commerce
    Leadership Miami Alumni
  • Kappa Alpha Psi Fraternity, Inc.
  • American Arbitration Association Commercial Arbitrator Panel

Background

  • Carlton Fields, P.A., Shareholder (1997-2012)
  • Morgan, Lewis & Bockius LLP, Associate (1992-1997)
  • Judicial Clerk for The Honorable Joseph W. Hatchett, United States Circuit Judge, United States Court of Appeals for the Eleventh Circuit (1991-1992)

Education

  • University of Virginia School of Law (J.D., 1991)
  • Duke University (B.A., 1988)
    Majors: History, Political Science and English