Dennis R. LaFiura
dlafiura@daypitney.com

New Jersey
One Jefferson Road
Parsippany, NJ 07054-2891
T: (973) 966 8068
F: (973) 206 6600

Dennis R. LaFiura – Partner

Professional Experience

Dennis LaFiura, chairman of Day Pitney's Executive Committee, practices in the following distinct areas of litigation: franchising, with particular emphasis in matters involving motor vehicles, hotels, rental cars, and consumer products and services; officer and director liability; securities litigation; professional liability; consumer litigation; and general equity matters. He regularly represents companies in arbitrations, mediations, and other alternative dispute resolution proceedings. He clerked for The Honorable George H. Barlow, chief judge, United States District Court for the District of New Jersey.

Practice Areas

Representative Matters

  • Franchising and Distribution of Products and Services: Mr. LaFiura represents business entities that distribute products and services, such as franchisors, licensors, and manufacturers, in litigation with the business entities that distribute their products and services to the public. Mr. LaFiura has had significant experience in handling such matters in a variety of industries, including the following:
  • Hotels: Mr. LaFiura represents Wyndham Worldwide Corporation, which is the parent company of Howard Johnson, Ramada, Days Inns, Super 8, Travelodge, Knights Inns, Wyndham Hotels, Wingate Inns, Amerihost, and Baymont Hotels, in connection with disputes throughout the United States arising under their license agreements with hotel operators. Published opinions relating to Mr. LaFiura's activities in this area include Ramada Franchise Systems, Inc. v. Boychuk, 283 F. Supp. 2d 777 (N.D.N.Y. 2003); Howard Johnson International, Inc. v. Wang, 7 F. Supp. 2d 336 (S.D.N.Y. 1998); Days Inns of America, Inc. v. LA, Inc., 1998 WL 765182 (S.D.N.Y. 1998); Days Inns of America, Inc. v. Memorial Hospitality Corp., 1997 WL 782049 (S.D.N.Y. 1997); Ramada Franchise Systems, Inc. v. Timeless Towns of America, Inc., 1997 Lexis 13861 (D.N.J. 1997)
  • Car Rental Franchisors: Mr. LaFiura represents Avis and Budget in litigation
  • Motor Vehicles: Mr. LaFiura represents domestic and foreign motor vehicle manufacturers, including Ford Motor Company, Subaru of America, Inc., Kawasaki Motors Corporation, U.S.A., and other entities in motor vehicle-related businesses in dealer-related disputes, such as claims for wrongful terminations, statutory protests of decisions to establish or relocate dealerships, claims arising out of decisions to terminate lines of business, and claims for increased warranty reimbursement under state retail-reimbursement statutes. Mr. LaFiura has been involved in a number of matters that have generated significant published opinions in this area, including Monmouth Chrysler-Plymouth v. Chrysler Corp., 102 N.J. 485 (1986); Liberty Lincoln Mercury, Inc. v. Ford Motor Co., 562 F. 3d 553 (3d Cir. 2009); Liberty Lincoln Mercury, Inc. v. Ford Motor Co., 171 F.3d 818 (3d Cir. 1999); Liberty Lincoln Mercury, Inc. v. Ford Motor Co., 134 F.3d 557 (3d Cir. 1998); Bayshore Ford Truck v. Ford Motor Co., 2010 U.S. Dist. LEXIS 7454 (D.N.J. Jan. 29, 2010); Liberty Lincoln-Mercury, Inc. v. Ford Motor Co., 38 F. Supp. 2d 450 (D.N.J. 1998); Liberty Lincoln-Mercury, Inc. v. Ford Motor Co., 923 F. Supp. 665 (D.N.J. 1996); Pacesetter Motors, Inc. v. Nissan Motor Corp., 913 F. Supp. 174 (W.D.N.Y. 1996); Liberty Lincoln Mercury, Inc. v. Ford Marketing Corp., 149 F.R.D. 65 (D.N.J. 1993); C.J.'s Kawasaki, Inc. v. Kawasaki Motor Corp., 1998 WL 656498 (N.J. Adm. 1998)
  • Consumer Products and Services: Mr. LaFiura represents a nationwide franchisor of tax preparation services and defended a national distributor of household products in an action alleging a variety of business torts brought by numerous distributors following the reorganization of the distribution network
  • ADR Matters: Mr. LaFiura regularly represents companies in arbitrations, mediations, and other alternative dispute-resolution proceedings. Mr. LaFiura frequently represents franchisors in mediations administered by CPR through its national franchise mediation program and defended a diversified company in an arbitration proceeding, seeking millions of dollars for environmental indemnity arising out of the company's sale of a multiplant division. He also serves as an arbitrator in disputes between motor vehicle manufacturers and their dealers
  • Officer and Director Liability: Mr. LaFiura represents officers and directors of corporations in derivative and other actions seeking damages for various forms of allegedly tortious conduct, including breaches of fiduciary duty
  • Securities Litigation: Mr. LaFiura represents corporations and their officers, directors, and professional advisors in the defense of class actions brought pursuant to federal and state securities laws
  • Professional Liability: Mr. LaFiura represents professionals, including accountants, lawyers, insurance brokers, and appraisers, in the defense of professional liability claims
  • General Equity Matters: Mr. LaFiura regularly represents businesses in connection with actions seeking injunctive and other forms of equitable relief in federal courts and in the Chancery Division of the New Jersey state courts. Such matters include actions brought pursuant to New Jersey's oppressed shareholder statute and those seeking to restrain the disclosure of trade secret information, to enforce restrictive covenants, and to rescind contracts for the purchase or sale of real estate

News, Publications & Presentations

  • Co-editor, "Franchise Litigation Handbook," ABA Forum on Franchising, October 2010
  • Interviewed, "New Jersey Judicial System: Offering A Superior Legal Environment," The Metropolitan Corporate Counsel, July 2009
  • Speaker, NJSBA's Program, "Marketing and Business Development Challenges for New Jersey Law Firms in 2007," September 20, 2007
  • "Litigation and Technology: Electronic Document Retention and Discovery," presented at the American Bar Association's 28th Annual Forum on Franchising, entitled "Bridging the Divide," Fall 2005
  • "Hot Topics in Franchising - What You Need to Know Today," audio webcast by the American Bar Association Section on Litigation, Summer 2005
  • "Damages in Franchise Cases: Contract, Tort and Statutory," presented at the 25th Annual ABA Forum on Franchising, Fall 2002
  • "Professional Ethics and Issues in Corporate Governance in the Current Environment," presented at the seminar on "Emerging Regulatory Challenges in Corporate America," sponsored by the ABA Section of Administrative Law and Regulatory Practice Corporate Counsel Committee and the American Corporate Counsel Association, April 2002
  • "Drafting Responses to Judicial Decisions," presented at the International Franchise Association's 34th Annual Legal Symposium, May 2001
  • "Liquidated Damages Provisions and the Case for Routine Enforcement," 20 Franchise Law Journal 175, 2001
  • "Using Contractual Forum Selection and Federal Forum Transfer Rules as a Method of Controlling the Forum in Franchising Litigation," presented at the International Franchise Association's 32nd Annual Legal Symposium, May 1999
  • "Assessing Damages in Commercial Litigation," presented at a seminar sponsored by the New Jersey Institute for Continuing Legal Education, November 1998
  • "The Defense of Consumer Class Actions Brought Against Banks and Other Financial Institutions," presented to the Banking Law Section of the New Jersey State Bar Association, May 1998
  • "How to Win Litigation," presented to the New Jersey Corporate Counsel Association, November 1997

Education

  • Boston College Law School, J.D., 1977
  • Duke University, B.A., 1974

Admissions

  • State of New Jersey, 1977

Professional Affiliations

  • Federal Bar Association
  • Morris County Bar Association
  • International Franchise Association
  • American Bar Association, Forum on Franchising
  • New Jersey State Bar Association, Securities Litigation Committee and Franchise Law Committee

Awards and Achievements