Nicole Liguori Micklich
Nicole Liguori Micklich has spent fifteen years successfully representing franchisees and development agents at every step of the franchise relationship and in litigation with franchisors. Ms. Micklich regularly advises franchisees about all aspects of their business. She also frequently draws on her construction knowledge and experience to effectively represent property owners and contractors in a variety of construction disputes.
Ms. Micklich routinely assists potential franchisees as they review disclosure documents and proposed agreements. Ms. Micklich’s knowledge and experience is well-known. Franchise Dictionary Magazine recently published a six-part series Breaking Down the FDD, authored by Ms. Micklich.
Ms. Micklich’s commitment to her clients and to the field of franchise law leads to enviable results. The outcome of each case depends on the facts and circumstances of each particular case. She has successfully represented development agents and franchisees in arbitration and in state and federal courts in cases regarding alleged non-compliance, termination and non-renewal, franchisor refusal to consent to transfer, bad faith, contract and tort claims, and violations of state and federal laws, including disclosure laws. She has also favorably settled numerous cases on behalf of franchisees and development agents involved in such disputes.
Ms. Micklich has advised clients regarding the transfer of franchise agreements valued from hundreds of thousands to tens of millions of dollars. She has drafted and negotiated the Asset Purchase Agreements and related Agreements, Notes and Resolutions for those transactions. She also frequently drafts and negotiates transfer and termination agreements and releases.
Ms. Micklich enjoys extensive involvement in the American Bar Association Forum on Franchising. She has served on multiple committees of the Forum and was humbled to be the recipient of the 2017 ABA Forum on Franchising Future Leader Award. Ms. Micklich proudly holds a Martindale-Hubbell AV® Preeminent™ Rating and strives to work easily and collegially with franchisor counsel. She was recognized as a Super Lawyer in the field of Franchise/Distribution in 2017 and 2018, and prior to that time was named to the New England Rising Starts list each year from 2010 through 2016. For more about the selection process visit http://www.superlawyers.com/Connecticut/Selection_details.html.
Ms. Micklich is an adjunct professor of Franchise Law at Quinnipiac University Law School, in Hamden, Connecticut, and a frequent author and lecturer on franchise law. Panels on which Ms. Micklich has recently presented include:
- As My Franchisor Lay Dying: Franchisee and Franchisor Options in a Struggling System, American Bar Association Forum on Franchising, 2017
- So … You May Want to Teach Franchise Law: A Webinar for Anyone Who Has Considered Teaching Franchise Law, (Moderator), American Bar Association Webinar, 2017
- If You’re Not Worried About Your Arbitration Clause, You’re Not Paying Attention: Lessons Learned from Recent Case Law, American Bar Association Webinar, December 8, 2016
- Litigating on a Shoestring, Solo & Small Firm Breakfast, American Bar Association Forum on Franchising, 2016
- Who Owns the Goodwill in a Franchise?, American Bar Association Forum on Franchising, 2015
- Transfers of Franchises: Disputes Arising From Assignments, American Bar Association Forum on Franchising, 2013
- Representing the Franchisee, Connecticut Bar Association Annual Meeting, 2012
Recent articles written or co-authored by Ms. Micklich include:
- Strange Weather: California’s Amended Franchise Relations Act, AB 525, Franchise Law Journal, Spring 2016, Co-authored with Elizabeth Weldon
- Who Owns the Goodwill in Franchise Relationships?, The Franchise Lawyer, Spring 2015
- The Continuing Evolution of Franchise Valuation: Expanding Traditional Methods, Franchise Law Journal, Spring 2013, Co-authored with Michael Lynch and Ingrid Festin
- Can’t Give It Away: Statutory Prohibitions That Protect Franchisees from Releasing Too Much, Franchise Law Journal, Winter 2010, co-authored with Michael Pepe.
In her construction law practice, Ms. Micklich represents property owners, general contractors and subcontractors. She regularly advises clients regarding contracts and corporate plans and policies and drafts Construction Management Agreements, Agreements between Owner and Contractor and General Conditions of Contracts for Construction, Design Build Agreements, Subcontracts, and Agreements between Owner and Architect. Ms. Micklich has successfully represented property owners in various construction and design defect claims and in land use disputes. The results in any case depend on the facts and circumstances of that particular case. Representative cases include:
- Favorably settled claims of design-build contractor against owner, subcontractors, and design team arising on low-income housing project (2018)
- Successfully represented condominium association in dispute with prior owners, contractors, and design team arising from construction and transition of luxury apartment complex (2013-2017)
- Favorably settled claims of major subcontractor against owner, general contractor and surety arising on senior residential and assisted living project (2016)
- Successfully represented major subcontractor on private school project in dispute with State of Connecticut Department of Labor, to satisfaction of both client and general contractor (2015)
- Successfully resolved dispute between homeowner and manufacturer and installer of spray polyurethane foam insulation through private mediation, without filing lawsuit (2015)
- Successfully represented general contractor in disputes arising from construction of retirement community and subsequent bankruptcy of owner (2006-2015)
- Successfully represented major subcontractor in dispute with federal contractor and surety in connection with work performed at the New London Naval Submarine Base, Groton, Connecticut (2011)
- Successfully represented major subcontractor in dispute with federal MBE contractor over non-payment for work performed at the New London Naval Submarine Base, Groton, Connecticut (2010)
Ms. Micklich has also enjoyed publishing and presenting to construction industry groups. This includes the following presentations:
- Construction Law Update, Connecticut Bar Association Annual Update 2014, 2008, 2006
- Red Flags on Construction Projects, Associated Builders & Contractors, 2009
- Material Price Escalation Clauses, ABA Forum on the Construction Industry, 2006
Ms. Micklich is admitted in the State Courts of Rhode Island and Connecticut, the U.S. District Court, District of Connecticut and the U.S. Court of Appeals, Second Circuit.
Ms. Micklich is a 1999 cum laude graduate of the University of Pittsburgh. She earned her JD from the University of Connecticut School of Law in 2003.