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303.583.8270
  • Education
    • J.D., Georgetown University Law Center, 2004, cum laude; Dean's List; Georgetown Journal of Law and Public Policy, Senior Editor
    • B.A., Truman State University, 2001, History, summa cum laude; Dean's List; Phi Beta Kappa
  • 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

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.

  • Obtained summary judgment in California state court on behalf of franchisor of massage studios in case seeking to hold franchisor directly and vicariously liable for alleged misconduct of franchisee's employee.
  • Won preliminary injunction in federal court enforcing post-termination covenant not to compete against former franchisee and enjoining former franchisee's use of franchisor's trademarks, trade dress, and confidential information.
  • Obtained dismissal and award of attorneys' fees in favor of national franchisor in franchisee lawsuit alleging contractual breaches and pre-sales misrepresentations and omissions.
  • Prepared Franchise Disclosure Documents, and obtained and maintained franchise registrations and exemptions, for multiple emerging and established franchise brands.
  • Formed franchisee association and negotiated system-wide improvements and programs on behalf of franchisees of national movie theater chain.
  • Helped national franchisor update its contracts, operations manuals, policies, and procedures to minimize franchisee misclassification and joint-employment risks.
eAlerts Updates
Co-Author
December 4, 2020
text icon Publications & Presentations
Co-Author, Franchising.com
December 4, 2020
eAlerts Updates
Co-Author
November 11, 2020
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“US Franchising, Texas” (chapter), Getting Through the Deal
Presenter, Lexology
2020
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Running on Empty: Dealing with Supply Chain Issues
Speaker, ABA Forum on Franchising
October 2020
eAlerts Updates
January 21, 2020
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Co-Author, Franchise Law Journal, Volume 38, No. 3, Winter 2019
January 2019
text icon Publications & Presentations
Enforcing System Standards - A Franchisor's Prerogative?
Speaker, 2018 ABA Forum on Franchising
October 11-12, 2018
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Anti-Poaching Provisions Under Fire in Franchise Agreements
Author, Franchise Update Sales Report 
September 3, 2018
eAlerts Updates
July 2018