As head of Schwartz Cooper's Franchise & Distribution practice, Carmen Caruso has represented franchisors, franchisees, area developers, franchisee associations, distributors and dealers in more than 50 systems. He serves as both outside general counsel and trial counsel for a large international retailer, as well as for a significant independent franchisee association.

Some of Mr. Caruso's reported decisions include defense of McDonald's Corporation in antitrust and RICO action by a five-store owner, and in a claim for theft of trade secrets in oven technology; representation of a franchisee in claims for breach of the implied covenant of good faith and fair dealing; representation of a franchisee in claim of racial discrimination in the denial of a franchising opportunity; and representation of an employee in Title VII action for gender discrimination.

Mr. Caruso has briefed and argued many appeals in the Seventh Circuit Court of Appeals and the Illinois Appellate Courts, and has filed Amicus Curiae briefs in the United States Supreme Court on behalf of franchising associations, and decisions in his cases have been the subject of commentary by the American Bar Association (Forum on Franchising) and the Chicago Daily Law Bulletin.

Recognized as a "Legal Eagle" by Franchise Times, Mr. Caruso is a frequent author and lecturer on trial technique and franchise law for the American Bar Association (Forum on Franchising), the International Franchise Association, the Asian American Hotel Owners Association, the Association of Certified Fraud Examiners, and the American Association of Franchisees & Dealers (where he also serves pro bono as a member of the Board of Directors). He also has published numerous articles that have appeared in Franchising World, Franchise Times and other industry publications. In 2006, Mr. Caruso was named to the "Who's Who Legal Illinois" list by the International Bar Association. Additionally, he was appointed to the Illinois Leading Lawyers Network Advisory Board by the Leading Lawyers Network in 2006.  Mr. Caruso is frequently sought by members of the news media for information and commentary on franchise issues in the news.

Mr. Caruso is AV® Peer Review Rated by Martindale-Hubbell.*

*CV, BV and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Bar Admissions & Memberships

• United States Supreme Court
• United States Court of Appeals for the Seventh Circuit
• United States District Courts in Illinois, Wisconsin and Colorado
• Illinois Supreme Court

Education

• J.D. - Loyola University of Chicago, 1983
• B.A. - Marquette University, 1980 (Cum laude)

Civic and Community Involvement

• Member, Board of Advisors, Catholic Charities of Chicago
• Officer, Mount Carmel High School Fathers Club
• Member, Union League Club of Chicago

Representative Matters

• Petland, Inc. v. Hendrix, 2004-05. Successful representation of franchisor in fraud claims brought by a terminated franchisee. As substituted counsel, Schwartz Cooper obtained a preliminary injunction to enforce the franchisee’s post-termination non-compete clause, overcoming a laches contention based on a seven month delay after termination in seeking this enforcement, and also overcoming a contention of selective enforcement. As a consequence of this successful litigation result, the client transferred all of its legal matters to Schwartz Cooper.
• Interim Health Care of Northern Illinois v. Interim Health Care, Inc., 2001. Success in the United States Court of Appeals for the Seventh Circuit on behalf of a terminated franchisee. The Court of Appeals held that Schwartz Cooper had presented sufficient evidence to warrant a jury trial on the questions of whether the franchisor had breached the implied covenant of good faith & fair dealing by withholding referrals of “national account” patients to the franchisee, and by deliberately encroaching the franchisee’s trade area, such that the franchisee defaulted in royalty payments. The Interim case stands as one of the most widely cited franchisee victories in the last ten years.
• Home Repair, Inc. v. Paul W. Davis Systems, Inc., 2000. Success in the representation of a franchisee claiming racial discrimination in the denial of a franchise purchase opportunity, presenting sufficient evidence to withstand summary judgment and to warrant jury trial.
• Fiore v. McDonald’s Corporation, 1996. Successful defense of franchisor accused of fraud, RICO and antitrust violations arising out of the termination of a five store owner in New York.
• (Unpublished) Brodsky v. Cash Converters, 2001. Successfully negotiated a result in arbitration matter involving franchisee claims of fraud and false earnings claims.
• (Unpublished) Sears v. Bil-Ray, 2006. Successfully negotiated result in the defense of a franchisee accused of trademark infringement following termination.
• (Unpublished) Dunkin’ Donuts v. Cherian, 2006. Successfully negotiated a result in the defense of multi-store franchisee accused of under-reporting.

Professional Activities

• American Association of Franchisees & Dealers, Director
• International Franchise Association, Member
• Chicago Bar Association, Member
• American Bar Association, Section of Litigation and Forum on Franchising; Member of the Litigation and Alternative Dispute Resolution Committee of the ABA Franchise Forum