Bill Killion is a partner in the firm's business litigation group. He provides counseling and litigation services to franchisors and manufacturers in all areas of product distribution, including franchise, antitrust, and products liability.

Bill places a particular emphasis on franchise law in his practice. He represents exclusively franchisors and manufacturers and has handled virtually every variety of franchise/distributor-related dispute. He has represented franchisors and manufacturers responding to claims based on antitrust laws, product pricing, little FTC acts, deceptive trade practices, franchise and special dealership statutes, the covenant of good faith and fair dealing, fiduciary duties, and unlawful termination. Bill has defended several class actions on behalf of franchisor clients.

Like his colleagues on the Faegre Franchise Team, Bill has a passion for franchising. He shares the Team's belief that effective representation of clients means understanding the franchisor's business needs. Although he has actually tried and arbitrated many cases on behalf of franchisors, Bill also understands that trials and arbitrations are not always (or not even usually) the best way to resolve disputes. He is therefore committed to alternative dispute resolution, where appropriate. Bill also believes the best way to "win" disputes with franchisees and third parties is to avoid the conflict altogether. He therefore works with franchisors to develop programs designed to reduce the risk of claims.

Bill was honored with a Burton Award for Legal Achievement in 2009 for his article, "The Modern Myth of the Vulnerable Franchisee"—one of 30 entries singled out for excellence among submissions by the nation's 1,000 largest law firms.

Representative Franchise/Distribution Cases

• American Dairy Queen Corp. v. Blume, 2011 WL 6994715 (D. Minn.), Report and Recommendation of Magistrate Judge adopted by Federal Court Judge on January 12, 2012 (rejecting franchisee's motion to dismiss franchisor's defamation and extortion claims for lack of personal jurisdiction, commitment to arbitrate, and other grounds)
• EmbroidMe.com, Inc. v. American Design Studios, Inc., Bus. Franchise Guide (CCH) 14,631 (S.D. Fla. 2011) (upholding arbitration award against non-signatories to agreement to arbitrate dispute)
• The Cleaning Authority, Inc. v. Neubert, 2011 WL 628839 (D. Md.) (granting franchisor's motion to dismiss RICO and fraud claims for failure to plead plausible claims and failure to plead with particularity)
• The Cleaning Authority, Inc. v. Neubert, 2010 WL 3516939 (D. Md.) (denying former franchisees' motions to dismiss action enforcing post-term noncompete alleging noncompete was unreasonable)
• Moua v. Jani-King International, Inc., Bus. Franchise Guide (CCH) 14,335 (D. Minn. 2010) (denying motion to certify class of franchisees)
• Dynamic Growth Partners, Inc. v. Lenny's Franchisor, LLC, Bus. Franchise Guide (CCH) 14,259 (AAA 2009) (summary judgment award in favor of franchisor dismissing claims of violations of Tennessee and Florida Little FTC Acts and common law claims of fraud)
• Johnson v. Shred-it America, Inc., Bus. Franchise Guide (CCH) 14,139 (AAA 2009) (grant of preliminary injunction enforcing post-term noncompete notwithstanding choice of California law in interpretation and construction of contract)
• Moua v. Jani-King International, Inc., 2009 WL 212425 (D. Minn.) (refusing to remand class action under CAFA and dismissing consumer fraud claims)
• Day Distributing Co. v. Cadbury Schweppes SBS, Inc., 2008 WL 2945442 (D. Minn.), Bus. Franchise Guide (CCH) 13,936 (D. Minn. 2008) (finding soft drink manufacturer not a franchisor)
• Michigan Dairy Queen Operators' Association v. International Dairy Queen, Inc., 2008 WL 2566547 (W.D. Mich.), Bus. Franchise Guide (CCH) 13,916 (W.D. Mich. 2008) (denying standing to franchisee association)
• Xenium S.A. De C.V. v. Regent Hotels Worldwide, Inc., Bus. Franchise Guide (CCH) 13,750 (N.D. Tex. 2007) (enforcing ICC arbitration award)
• Berglund v. RE/MAX, Bus. Franchise Guide (CCH) 13,735 (Minn. 2007) (finding franchisor not liable for MFA claims)
• Twin Cities Galleries, LLC v. Media Arts Group, Inc. (litigation over enforcement of arbitration award in favor of franchisor)
  • 476 F.3d 598 (8th Cir. 2007)
  • Bus. Franchise Guide (CCH) 13,354 (D. Minn. 2006)
  • Bus. Franchise Guide (CCH) 13,270 (D. Minn. 2006)
• Wilcox et al. v. Pirtek USA, LLC (litigation by and against a group of franchisees concerning pricing of product and enforcement of post-term obligations)
  • Pirtek USA, LLC v. Wilcox, Bus. Franchise Guide (CCH) 13,511 (AAA 2007)
  • Wilcox et al. v. Pirtek USA, LLC, Bus. Franchise Guide (CCH) 13,404 (AAA 2006)
  • Pirtek USA, LLC v. Zaetz, 408 F. Supp. 2d 81 (D. Conn. 2005)
  • Pirtek USA, LLC v. Layer, Bus. Franchise Guide (CCH) 13,257 (D. Fla. 2005)
• S&G Janitschke, Inc. v. Cottman Transmission Systems, LLC, Bus. Franchise Guide (CCH) 13,409 (D. Minn. 2006) (enforcing forum selection clause)
• Caring Senior Service Franchise Partnership LP v. Batson, Bus. Franchise Guide (CCH) 13,357 (D. Tenn. 2006) (enforcing noncompete)
• National Agri-Services, Inc. v. AGCO Corp., Bus. Franchise Guide (CCH) 13,258 (D. Minn. 2006) (enforcing choice-of-law provision)
• Auto-Chlor System of Minnesota, Inc. v. JohnsonDiversey, 328 F. Supp. 2d 980 (D. Minn. 2004) (finding exclusive territory provisions did not preclude acquisition of competitor)
• K.B. Restaurants, Inc. v. Country Hospitality Corp., Bus. Franchise Guide (CCH) 12,975 (D. Minn. 2004) (finding statute of limitations had run on franchise act claim)
• Kitchen Investment Group, Inc., d/b/a Country Kitchen International, Inc. v. Buchtel Food, Inc., Bus. Franchise Guide (CCH) 12,755 (N.D. Ohio 2004) (addressing franchisor as third-party beneficiary)
• Metro Motors, LLC v. Nissan Motor Corp., 339 F.3d 746 (8th Cir. 2003)
• Tatan Management v. Jacfran Corp., 270 F. Supp. 2d 197 (D. Puerto Rico 2003) (finding franchisor had just cause to terminate agreement)
• Vander Vreken v. American Dairy Queen Corp., 261 F. Supp. 2d 821 (E.D. Mich. 2003) (granting preliminary injunction against use of marks)
• Kitchen Investment Group, Inc., d/b/a Country Kitchen International, Inc. v. K.B. Restaurants, Inc., Bus. Franchise Guide (CCH) 12,385 (D. Minn. 2002) (finding personal jurisdiction over non-resident franchisee)
• Williams v. American Dairy Queen, Bus. Franchise Guide (CCH) 12,274 (C.D. Cal. 2002) (finding fraudulent joinder of state subfranchisor)
• Shred-it America, Inc. v. Haley Sales Inc., Bus. Franchise Guide (CCH) 12,038 (W.D.N.Y. 2001) (sustaining termination of franchisee for default)
• Collins v. International Dairy Queen (class action litigation raising antitrust and advertising issues)
  • 190 F.R.D. 633 (M.D. Ga. 2000)
  • 190 F.R.D. 629 (M.D. Ga. 1999)
  • 189 F.R.D. 496 (M.D. Ga. 1999)
  • 59 F. Supp. 2d 1312 (M.D. Ga. 1999)
  • 59 F. Supp. 2d 1305 (M.D. Ga. 1999)
  • 54 F. Supp. 2d 1351 (M.D. Ga. 1999)
  • 47 F. Supp. 2d 1376 (M.D. Ga. 1999)
  • 186 F.R.D. 689 (M.D. Ga. 1999)
  • 1998 WL 293314 (M.D. Ga.)
  • 2 F. Supp. 2d 1473 (M.D. Ga. 1998)
  • 2 F. Supp. 2d 1465 (M.D. Ga. 1998)
  • 990 F. Supp. 1469 (M.D. Ga. 1998)
  • 980 F. Supp. 1252 (M.D. Ga. 1997)
  • 174 F.R.D. 511 (M.D. Ga. 1997)
  • 169 F.R.D. 690 (M.D. Ga. 1997)
  • 1997 WL 12962 (M.D. Ga.)
  • 939 F. Supp. 875 (M.D. Ga. 1996)
  • 168 F.R.D. 668 (M.D. Ga. 1996)
• United States v. Days Inns of America, Inc. (claims of vicarious liability on part of franchisor for franchisee's failure to comply with ADA)
  • 22 F. Supp. 2d 612 (E.D. Ky. 1998)
  • 151 F.3d 822 (8th Cir. 1998)
  • 997 F. Supp. 1080 (C.D. Ill. 1998)
  • 1998 WL 461203 (E.D. Cal.)
  • 935 F. Supp. 874 (W.D. Tex. 1996)
• American Dairy Queen Corp. v. Fahey, 1996 WL 33077 (Minn. App.); Bus. Franchise Guide (CCH) 10,832 (Minn. App. 1996) (rejecting encroachment claim)
• Neff v. American Dairy Queen Corp., 58 F.3d 1063 (5th Cir. 1995) (rejecting application of ADA to franchisor)
• Alonzo v. Dairy Queen of Corpus Christi, Inc., 66 F.3d 320, 1995 WL 534759 (5th Cir. 1995)
• Banbury v. Omnitrition Int'l, Inc., 533 N.W.2d 876 (Minn. App. 1995) (finding multi-level distributor not a franchisee)
• Young v. American Dairy Queen Corp., 1994 WL 761233 (N.D. Tex.) (finding franchisor not liable for franchisee ADA violations)
• Banbury v. Omnitrition Int'l, Inc., 818 F. Supp. 276 (D. Minn. 1993)
• T.I.W., Inc. v. American Honda Motor Co., 808 F. Supp. 1399 (D. Minn. 1992)
• Inash Corp. v. American Dairy Queen Corp., 1990 WL 622095 (S.D. Ga.) (finding franchisor not fiduciary)
• Boca Mara Properties, Inc. v. International Dairy Queen, 732 F.2d 1550 (11th Cir. 1984)

Honors

• Chambers USA: America's Leading Lawyers for Business, Franchising, 2009–11
• Burton Award for Legal Achievement, 2009
• The Best Lawyers in America, Franchise Law, 2003–12
• Super Lawyers, Franchise/Dealership, 2003–11
• Super Lawyers, The Top 100 (Minnesota), 2008
• Who's Who of Franchise Lawyers
• Franchise Legal Eagle, Franchise Times
• Leaders in Their Field, Chambers USA: America's Leading Lawyers for Business, Franchising, 2008
• Certified as a civil trial specialist by the Minnesota State Bar Association
• Board certified in civil trial advocacy by the National Board of Trial Advocacy
• Editor-in-chief, Franchise Law Journal, 2003–06
• Awarded certified franchise executive (CFE) designation by the International Franchise Association

Legal Updates

• Author of Class Action Section of Franchise Litigation Book
  ABA Forum on Franchising (2010)
• The Modern Myth of the Vulnerable Franchisee: The Case for a More Balanced View of the Franchisor-Franchisee Relationship
  Franchise Law Journal (2008), winner of 2009 Burton Award for Legal Achievement
• Minnesota Section, Business Torts: A Fifty-State Guide
  Aspen Publishers (2007)
• Minnesota Section, Franchise Desk Book
  ABA Forum on Franchising (2007)
• Minnesota Section, Tort Law Desk Reference
  Aspen Publishers (2007)
• But It Doesn't Walk or Talk Like a Duck: The Perils of the Hidden Franchise
  Business Law Today, publication of the ABA Business Law Section (Sept./Oct. 2007). Reprinted in the "Best of ABA Sections" in GPSDO Magazine (March 2008)
• Franchisor Price Fixing: What Does Leegin Really Mean for Franchising
  LJN's Franchising Business & Law Alert (Sept. 2007)
• Bucking the System: Lessons From Bores v. Domino's Pizza
  Franchise Times (August 2007)
• Is Your Commitment to Arbitrate Enforceable?
  Franchise Times (March 2007)
• Putting Critical Decision-Making Where It Belongs: Scouring the Franchise Agreement for the "D" Word
  Franchise Law Journal (2005)
• Franchisor Vicarious Liability: The Proverbial Assault on the Citadel
  Franchise Law Journal (2005)
• Celebrating the 70th Birthday of Ken Taylor and 25th Anniversary of the Canadian Caper
  Franchise Law Journal (2004)
• One Person's Sense of Justice Is Another's Sense of Injustice
  Franchise Law Journal (2004)
• What Red Ball Jets, Attitude, and a New IFA Study Mean for Franchisor Trial Lawyers
  Franchise Law Journal (2004)
• Franchisor Liability for Failure by Franchisees to Comply With the Americans With Disabilities Act: Uncertain State of the Law
  Franchise Law Journal (2000)
• Broussard v. Meineke Discount Muffler Shops, Inc., Franchisors as Fiduciaries in Handling Marketing Dollars: Whose Money Is It Anyway?
  Franchise Law Journal (1997)
• Existence of Fiduciary Relationship Between Franchisor and Franchisee
  52 ALR 5th (1997)
• Compliance With the ADA: The Assault on Franchising
  Franchise Law Journal (1996)
• The Eight Commandments of the Efficient Use of Expert Witnesses
  For the Defense (1996)