Services
Education
- Temple University School of Law, J.D.
- La Salle University, B.A., cum laude
Admissions
- U.S. Supreme Court
- Pennsylvania
- New York
- New Jersey
RecognitionMr. Tractenberg was named “New York Franchise Law Lawyer of the Year” by U.S. News/Best Lawyers for 2012. He has been recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business, “SuperLawyers,” the International Who’s Who of Franchise Lawyers and Best Lawyers in America. Craig has been recognized for the past ten years as a “Legal Eagle” by Franchise Times and he was inducted into the Legal Eagles Hall of Fame in 2013.
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CRAIG R. TRACTENBERG
Craig Tractenberg is the leader of the franchise and distribution group, and a partner in the business litigation and bankruptcy teams in the New York and Philadelphia offices of Nixon Peabody LLP. His practice focuses on complex litigation and counseling requiring experience with franchise and distribution, insolvency or intellectual property issues.
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Philadelphia Office:
Two Penn Center, Suite 200
1500 JFK Blvd
Philadelphia, PA 19102
Phone: 215-246-3525
Fax: 866-852-2714
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New York Office:
437 Madison Avenue
New York, NY 10022
Phone: 212-940-3722
Fax: 866-852-2714
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Mr. Tractenberg’s representative matters include:
- Domestic and international arbitration
- Temporary restraining orders and preliminary injunctions
- Termination and non-renewal litigation
- Restrictive covenant, trademark, and trade secret litigation
- Insolvency litigation and counseling
- Negotiation of area development agreements
- Franchise encroachment issues
- Acquisitions and dispositions of franchise systems and restaurants
- Product liability defense
Representative publications and presentations
- “International Arbitration in Franchise and Distribution,”Commercial Leasing and Strategy, May 1, 2012.
- “Ways to Avoid Vicarious Liability for Franchisors,” The Legal Intelligencer, March 23, 2012.
- “Preliminary Injunctions and TRO’s in Commercial Litigation,” Lorman Educational Services, 2012. (Author)
- “Scrutinizing Franchise Legal Claims Under Pennsylvania Law,” The Legal Intelligencer, December 2011. (Author)
- “The Role of Motive and Intent in Franchise Terminations,” The Legal Intelligencer, September 2011. (Author)
- “The Economy Needs More Franchise Financing,” The Legal Intelligencer, July 2011. (Author)
- “How Franchise Companies Avoid Class Action Cases,” The Legal Intelligencer, May 2011. (Author)
- “Avoiding New Media Threats to Your Brand,” Law Technology News, 2011. (Author)
- “Avoiding Threats to Your Brand in the Age of New Media,” The Legal Intelligencer, January 2011. (Author)
- “Mac’s Shell Service, Inc. v. Shell Oil Products: Looking for the Practical Answer,” LJN’s Franchising Business & Law Alert, March, 2010. (Author)
- “Mergers and Acquisitions for Franchise Companies,” Joint Meeting of ABA Forum and NY State Bar Association, 2010. (Speaker)
- “Franchise Law: Does Notice Need to Be Given for Incurable Defaults?” The Legal Intelligencer, June 2009. (Author)
- “Keeping Your Arbitration Agreements Enforceable,” New York Law Journal, 2008. (Author)
Representative Experience
- Worldwide development of new franchise program for iconic brand.
Worldwide development of new franchise program for iconic brand.
- Representation of the Republic of Turkey, Ministry of Energy, before the International Court of Commerce in Geneva, Switzerland in a power plant case.
Representation of the Republic of Turkey, Ministry of Energy, before the International Court of Commerce in Geneva, Switzerland in a power plant case.
- School of Rock v. Smith (3d. Cir. 2010), affirming arbitration award appeal for franchise breach and trade secret violations, awarding damages, injunctive relief and counsel fees.
School of Rock v. Smith (3d. Cir. 2010), affirming arbitration award appeal for franchise breach and trade secret violations, awarding damages, injunctive relief and counsel fees.
- School of Rock v. Rock Nation LLC (Cal. Super. Ct.. 2011), confirming arbitration award granting injunctive relief, damages, and counsel fees for unfair competition and cybersquatting.
School of Rock v. Rock Nation LLC (Cal. Super. Ct.. 2011), confirming arbitration award granting injunctive relief, damages, and counsel fees for unfair competition and cybersquatting.
- Keepers of Eden v. Historical Media (SDNY 2010), confirming arbitration award with counsel fees in motion picture distribution dispute.
Keepers of Eden v. Historical Media (SDNY 2010), confirming arbitration award with counsel fees in motion picture distribution dispute.
- Philips Services Corp. v. Luntz (D. Del. 2003), successful defense of preference action and asserting $1 billion fraudulent conveyance defense.
Philips Services Corp. v. Luntz (D. Del. 2003), successful defense of preference action and asserting $1 billion fraudulent conveyance defense.
- Hostile acquisition by 60 franchisees of the Ground Round restaurant system.
Hostile acquisition by 60 franchisees of the Ground Round restaurant system.
- Amicable acquisition by 30 franchisees of the KnowledgePoints education system.
Amicable acquisition by 30 franchisees of the KnowledgePoints education system.
- Bankruptcy advice for U.K. based law firm acquiring German offices of a U.S. based law firm.
Bankruptcy advice for U.K. based law firm acquiring German offices of a U.S. based law firm.
- Defense of manufacturer against scaffold collapse.
Defense of manufacturer against scaffold collapse.
- Successor liability defense in toxic tort cases.
Successor liability defense in toxic tort cases.
. . . Hide Representative Experience . . .
AffiliationsMr. Tractenberg is member of the American Bar Association, Business Law and Forum Committee on Franchising, International Franchise Association, Philadelphia Bar Association, Pennsylvania Bar Association (Corporate, Bus and Banking Section, Chair, Franchise Law Committee), New Jersey Bar Association, and New York State Bar Association (member of the Business Law Section Executive Committee and Special International Task Force Subcommittee). Thought Leadership/Alerts
Press
Media Clips- Necessary Formality in Franchise Agreements
Commercial Leasing Law & Strategy | March 1, 2013
The article, co-authored by franchise & distribution practice group leader Craig Tractenberg and Boston franchise & distribution partner Gregg Rubenstein, discusses a recent federal court decision suggesting that expansive and formal franchise agreements are a necessary evil. - Helpful Amendments Made to the Pennsylvania Health Club Act
The Legal Intelligencer | February 22, 2013
New York City partner and leader of the firm’s Franchise & Distribution practice Craig Tractenberg discusses new amendments to the Pennsylvania Health Club Act. - Forum Selection Clause an Important Provision in Franchise Agreements
Commercial Leasing Law & Strategy | February 1, 2013
Partner and leader of the firm’s Franchise & Distribution practice Craig Tractenberg and Boston Franchise & Distribution partner Gregg Rubenstein authored this article discussing a case in which a franchisor’s action to enforce its post-term restrictive covenant was dismissed for being in violation of its own forum selection clause. . . . View all . . .
Events
Conferences/Speaking Engagements
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