Elizabeth Weldon is a Certified Specialist in Franchise and Distribution Law, The State Bar of California, Board of Legal Specialization. She concentrates her practice on business litigation and franchise litigation, at trial, judicial reference, and arbitration. Elizabeth represents both large and small businesses in commercial litigation matters, including breach of contract, tort, unfair competition, class action, commercial real estate, intellectual property disputes, such as patent, trademark, and trade dress claims, as well as other complex matters. Additionally, she represents franchisors in matters including breach of contract, trademark and trade name infringement, business competition torts, vicarious liability and joint employer issues, and franchise law claims. She is licensed to practice in both California and Arizona.
Elizabeth is very active in her community and nationally in the American Bar Association’s Forum on Franchising. She is currently the Finance Officer of the governing committee of the Forum on Franchising and served as the co-chair of the 2020 Annual Meeting of the Forum on Franchising. She is a past president of the board of directors of Girls Inc. of Orange County, a non-profit organization serving over 3,500 girls each year, and also is a supporter of the Boys & Girls Clubs of Long Beach, California.
Lead claimant counsel in arbitration hearing on breach of lease claim, appearing before panel of three arbitrators. Panel addressed issues of prevailing party and the award of attorneys' fees and costs, for both the arbitration and the motion to confirm the arbitration decision in court.
Defense counsel for bank in multi-day judicial reference hearing on matters of breach of contract related to advertising.
Lead counsel for a Danish company in negotiations of dispute with international manufacturer of beauty products that alleged various claims against company, including breach of distribution agreement.
Lead defense counsel for HOA against claims of slander and violation of Fair Debt Collection Practices Act. Representation included filing motion for summary judgment.
Represented large company against consumer class action alleging claims of unfair business practices (Section 17200) and violation of the Consumer Legal Remedies Act.
Franchise and Distribution Litigation
Represented national real estate brokerage franchisor in multiple matters in state and federal courts asserting claims, including trademark infringement and breach of contract, against former franchisees. Representation included two-week arbitration hearing involving matters of breach of franchise agreement adverse to former franchisee.
Lead counsel for national services franchisor in multiple matters relating to claims of territory infringement and breach of franchise agreement.
Lead defense counsel for international franchisor in food industry in state court against claims of vicarious liability and joint employment.
Represented international brand in federal court in motion to compel arbitration in action on putative class claims including breach of contract, section 17200, and Seller Assisted Marketing Plan Act.
Defended international franchisor in food industry in state court against former franchisee's and its principals' claims of fraud in sale of franchise.
William & Mary School of Law (J.D., 2001)
Executive Editor, Environmental Law and Policy Review
University of Arizona (B.A., Classics and Anthropology, magna cum laude, 1998)
Litigation and Dispute Resolution Committee (LADR) (2012-2017)
Federal Bar Association of Orange County, Director (2019-present)
International Franchising Association, Southern California Women's Franchise Network
"AB 5: The Codification of the ABC Test - A Franchising Perspective," Presenter, California Lawyers Association Webinar (December 12, 2019)
"Words Matter: A Litigator’s Perspective on Drafting and Interpreting Key Provisions in the Franchise Agreement," Co-Author and Co-Presenter, American Bar Association, 42nd Annual Forum on Franchising, Denver, CO (October 16-18, 2019)
"Special Session: California Assembly Bill 5: What You Need to Know Now," Co-Speaker, American Bar Association, 42nd Annual Forum on Franchising, Denver, CO (October 16-18, 2019)
Lex Mundi Institute Cross-Border Dispute Resolution Program, Annual Conference Speaker (2013-2019)
"Fees, Initial Terms, and Renewal," Contributing Author, The Annotated Franchise Agreement (November 2018)
"2018 Annual Developments," Co-Presenter, American Bar Association, 41st Annual Forum on Franchising, Nashville, TN (October 11, 2018)
"Annual Franchise and Distribution Law Developments, 2018," Co-Author, American Bar Association, 41st Annual Forum on Franchising (October 2018)
"Clash of Counsel: Franchise Litigation and Dispute Resolution From the Perspective of Counsel for Franchisors and Franchisees," Panelist, American Bar Association, Forum on Franchising Webinar (April 28, 2015)
"How to Litigate a Franchise Dispute," Co-Presenter, The State Bar of California Business Law Webinar (February 19, 2015)
"Patent Litigation: The New Normal, Moderator, Be On Your Offensive Game: Managing Intellectual Property Litigation Costs With a Team Approach," Association of Corporate Counsel SoCal, Long Beach, CA (June 2011)
"Model Jury Instructions: Copyright, Trademark and Trade Secret Litigation," Contributing Author, ABA Section of Litigation (May 2008)
"Practically Irrigable Acreage Standard: A Poor Partner for the West's Water Future," Note, 25 Wm. & Mary Envt'l L. & Pol'y Rev. 203 (2000)
The Best Lawyers in America®, Franchise Law (2016-2021)
Legal Eagles, Franchise Times (2011-2020)
Legal Eagles Hall of Fame (2020)
Southern California Super Lawyers®, Rising Stars Edition, Franchise/Dealership, Business Litigation, Intellectual Property Litigation (2007-2016)
"The Top Women Attorneys in Southern California," Los Angeles Magazine (2014, 2016)
Wiley W. Manuel Certificate for Pro Bono Legal Service, State Bar of California (2013)
Association of Corporate Counsel (ACC), Southern California Chapter “Rising Stars” (2012)
Girls Inc. Orange County
Board of Directors (2011-2019)
President Elect (2015)
Friends of READ/Orange County (2005-2009)
Mariscal, Weeks, McIntyre & Friedlander, P.A., Associate, Phoenix, AZ
United States Court of Appeals, Ninth Circuit, Extern for Hon. Barry G. Silverman
Supreme Court of California
Supreme Court of Arizona
United States District Court, District of Arizona
United States District Court, All Districts of California