Robert C. Brady

Robert C. Brady

Director, Commercial & Criminal Litigation

Mr. Brady, an experienced trial lawyer and appellate practitioner, is the current Chair of the New Jersey State Bar Association’s Franchise Practices Committee. He is a thoughtful appellate advocate and a down-in-the-trenches litigator who prides himself on his written work product and oral advocacy skills before both federal and state trial courts and appellate panels. Mr. Brady has a particular emphasis representing large franchisors and licensors in commercial disputes, trademark litigation, and enforcement of franchise and license agreement obligations. Additionally, he has extensive experience in litigation involving covenants not to compete and confidentiality provisions. He often litigates matters involving partnership and shareholder disputes, including oppression and dissenter’s rights cases.

Mr. Brady represents large corporations and individuals in virtually all aspects of complex commercial litigation in both state and federal courts throughout the region. Recent representations have included, inter alia:

    • defending large national franchisors in defense of claims brought by former franchisees and employees of franchisees;
    • defending shareholders in a closely held corporation valued at more than $70 million from claims of minority shareholder oppression;
    • representing a number of electric utilities and power generators in a challenge to New Jersey’s Long Term Capacity Agreement Pilot Program on the basis of various constitutional claims including field preemption, conflict preemption, and violation of the dormant commerce clause; and
  • defending the City of Newark in constitutional challenge to municipal ordinances enacted pursuant to the New Jersey Economic Stimulus Act.

Mr. Brady is a Master in the John C. Lifland American Inn of Court. He serves as an adjunct professor of law at Seton Hall University School of Law, where he teaches appellate advocacy. Mr. Brady regularly speaks at continuing legal education seminars on issues related to franchise law and civil procedure and is the Vice President of Governance of the University of Massachusetts Alumni Association.

Areas of Focus

Franchise Law

Mr. Brady advises franchisors on disputes ranging from termination and restrictive covenant litigation, termination and non-renewal disputes, transfer and succession issues, enforcement of system standards, and vicarious liability issues.

Additionally, he regularly assists in counseling companies on the initial decision to franchise, helping them to navigate the myriad state and federal registration and disclosure laws. Thereafter his services range from drafting franchise agreements and disclosure documents to developing internal policies and best practices for managing a franchise and distribution system; from negotiating with suppliers, distributors, and other third parties to litigating and arbitrating when necessary to enforce contracts with franchisees, area developers, and others; and to defeat antitrust, Racketeer Influenced and Corrupt Organizations Act (RICO), and other high stakes claims.

Restrictive Covenant Litigation

Mr. Brady has significant experience both enforcing and challenging restrictive covenants, including non-compete, non-solicit, and confidentiality/non-disclosure covenants, as well as other trade secret and unfair competition related disputes. He ably generates effective court papers quickly to support or oppose emergency applications for injunctive relief and, if necessary, to file emergent appeals. Mr. Brady is equally experienced following these matters through to conclusion, often through negotiations after the immediate situation is brought under control by emergency court proceedings.

Minority Shareholder Disputes

Mr. Brady regularly represents both oppressed minority shareholders, as well as majority shareholders accused of oppression. In these tense cases that often involve closely held family businesses, he balances zealous advocacy with the sensitivity necessary to resolve emotionally charged disputes between family members and/or former friends.

Appellate Litigation

Mr. Brady draws on his experience as a former law clerk to the then Presiding Judge of the Appellate Division and as an Adjunct Professor of Appellate Advocacy in support of his appellate practice. Mr. Brady has argued appeals in the New Jersey state court system and various federal circuit courts throughout the Northeast.

Recently, Mr. Brady was responsible for briefings before the Superior Court of New Jersey Appellate Division and the Supreme Court of New Jersey, which successfully defended Newark City ordinances that were challenged by various taxpayers for violating the commerce clause of the United States and New Jersey Constitutions.

Credentials

Education

Temple University James E. Beasley School of Law (LL.M., Trial Advocacy)

Seton Hall University School of Law (J.D.)

    • Associate Editor, Seton Hall Legislative Journal
  • Member, Moot Court Board

Villanova University (M.A.)

University of Massachusetts - Amherst (B.A., cum laude)

Professional Admissions

State of New Jersey

State of New York

Commonwealth of Pennsylvania

United States District Court for the District of New Jersey

United States District Court for the Eastern District of New York

United States District Court for the Southern District of New York

United States District Court for the Eastern District of Pennsylvania

United States Court of Appeals for the First Circuit

United States Court of Appeals for the Second Circuit

United States Court of Appeals for the Third Circuit

United States Court of Appeals for the Fourth Circuit

United States District Court of Appeals for the Federal Circuit

Supreme Court of the United States

Professional Activities

Seton Hall University School of Law
Adjunct Professor, 2003-Present

John C. Lifland American Inn of Court Master

New Jersey State Bar Association
Chairman, Section on Franchise Law, 2013

University of Massachusetts Amherst Alumni Association, 2012-Present
Vice President of Governance, 2015-Present

New Jersey State Bar Association
Equity Jurisprudence Section
Franchise Law Section

Association of the Federal Bar of the State of New Jersey

American Bar Association
Forum on Franchising

Judicial Clerkship(s)

Law clerk to the Honorable Joel A. Pisano, United States District Court, District of New Jersey, 2001-2002

Law clerk to the Honorable John E. Keefe, P.J.A.D. Superior Court of New Jersey, Appellate Division 2000-2001