Representing franchise brands, distributors, manufacturers, and suppliers, Jess focuses his practice on franchise litigation, business disputes, and other complex commercial litigation, as well as U.S. and international franchise disclosure, registration, and transactional matters. He helps multiple national and international franchisors with their franchise programs, including preparing and updating Franchise Disclosure Documents, managing franchise registration and exemption matters, and advising on franchisee relationship issues and disputes. He provides risk assessments of franchise and supply chain issues in merger and sales transactions.

A former assistant attorney general, Jess understands both sides of litigation. He frequently litigates cases in state and federal court, and in domestic and international arbitration, involving:

  • Covenants not to compete
  • Franchise sales and relationship matters, including defaults and terminations
  • Commercial contracts
  • Business torts
  • Trademark and trade dress infringement
  • Trade secret protection

Jess regularly presents and writes on franchise issues.

Education

  • Truman State University (B.A., 2001)
    • History, summa cum laude; Dean's List; Phi Beta Kappa
  • Georgetown University Law Center (J.D., 2004)
    • cum laude; Dean's List; Georgetown Journal of Law and Public Policy, Senior Editor

Bar Admission

  • Colorado, 2004

Court Admissions

  • State of Colorado, 2004
  • U.S. District Court, District of Colorado, 2005
  • U.S. Court of Appeals, Tenth Circuit, 2006
  • U.S. Supreme Court, 2008

Professional Affiliations

  • Colorado Bar Association
    • Denver Bar Association
  • International Franchise Association
  • American Bar Association

Recognition

  • Selected for inclusion in Best Lawyers in America® for:
    • Commercial Litigation, 2023-2026
    • Franchise Law, 2021-2026
  • Selected as Colorado Super Lawyers, Rising Star
    • Franchise & Dealership, 2012-2019
  • Franchise Times Magazine Legal Eagles Recognition, 2019, 2021-2022, 2024-2025
  • Co-Recipient, Colorado Lawyer Committee's "Team of the Year Award," 2012
Publications
All Publications
Proposed American Franchise Act Would Bring Sanity to “Joint Employment” Standard in Franchising
 A bipartisan group in the U.S. House of Representatives introduced the American Franchise Act (H.R. 5267), on Sept. 10, 2025, taking direct aim at the standard for determining when franchisors may be considered joint employers of a franchisee’s employees under the National Labor Relations Act (NLRA) and Fair Labor Standards Act (FLSA). If enacted, the Act would bring clarity — and sanity — to what has become a long-volatile area of law. Years of Legal Whiplash The past decade has witnessed wild swings in how joint employment is evaluated under the NLRA, the federal law governing collective bargaining and certain labor practices, and the FLSA, the federal wage-and-hour law. Through agency rulemaking and court challenges, the legal standard has bounced between a focused
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Deadline Approaches for Comments on NASAA Proposed Model Franchise Broker Law
Key Takeaways: The North American Securities Administrators Association (NASAA) has proposed a Model Franchise Broker Registration Act that would require franchise brokers and their representatives to register with states and provide presale disclosure statements. If adopted, the model law would serve as a framework for states to regulate franchise brokers, similar to existing laws in California, New York and Washington. The proposed act outlines prohibited practices, registration requirements, disclosure obligations and recordkeeping duties for franchise brokers and their representatives. Comments on the proposal are due by August 27, 2025, and NASAA may adopt a final version after reviewing public input. NASAA is requesting public comment for its proposed NASAA Model Franchise Broker Registration Act (Franchise Broker Act). If adopted by NASAA, the proposed law would
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