Publications & Presentations

Ellen Lokker is a frequent writer and speaker on litigation, franchise, and antitrust topics.

Ms. Lokker has presented programs and submitted papers on many franchise and other business litigation topics, including:

• mediation of franchise disputes
• structuring franchise relationships
• judicial remedies
• mergers and acquisitions in franchising
• Unfair Trade Practices Act claims
• settlements of franchise disputes
• judicial updates on franchise law
• franchise terminations

Selected Articles

Ms. Lokker is a former Associate Editor of the Franchise Law Journal, published by the American Bar Association’s Forum Committee on Franchising, and has been a frequent author of “Franchising Currents,” a column on recent judicial developments in franchising that appears regularly in that publication.

Her publications include the following articles:

• “Franchising (& Distribution) Currents.” Franchise Law Journal, Vol. 25, No. 2, Fall 2005. (Co-author with Deborah S. Coldwell and Kimberly S. Toomey) An inclusive review of recent federal and state court decisions covering franchising and distribution issues, including contract formation, good faith and fair dealing, termination, trademarks, and more.
• “A Drama in Three Acts: How the Takeout Taxi Franchisees Gained Their Independence.” Franchise Law Journal, Vol. 25, No. 1, Summer 2005. (Co-author with Mark J. Loranger) Ms. Lokker, attorney for the former Takeout Taxi franchisees, and former franchisee Mr. Loranger provide an insightful look at the franchisee group’s litigation against the franchisor and the aftermath of the dispute.
• “Franchising (& Distribution) Currents.” Franchise Law Journal, Vol. 24, No. 2, Fall 2004. (Contributing Editor) A comprehensive review and analysis of recent court decisions affecting the franchising and distribution industries.
• “Franchising (& Distribution) Currents.” Franchise Law, Vol. 23, No. 3, Winter 2004. (Contributing Editor) A thorough review of recent court decisions on franchising and distribution issues, including a discussion of theBrenco case in which Ms. Lokker represented the plaintiffs.
• “Franchising Currents: Maris Strikes Out in Eleventh Circuit Decision.” Franchise Law Journal, Vol. 22, No. 4, Spring 2003. (Co-author) A survey and analysis of federal court decisions involving franchised businesses.
• “Franchising Currents: Ninth Circuit Panel Holds Arbitration Clause Unconscionable.” Franchise Law Journal, Vol. 21, No. 3, Winter 2002. (Co-author) A survey and analysis of judicial decisions that affect franchised businesses.
• “Internet Flower Sales Fare Better in Arbitration than Virtual Drug Store,” The Franchise Lawyer, Vol. 5, No. 2, Fall 2001. Is a franchisor’s e-commerce tantamount to e-croachment?

For additional information about Ms. Lokker’s publications and presentations, or for inquiries about her availability for speaking engagements, please contact our office.