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, franchise litigation, and intellectual property litigation. Elizabeth represents both large and small businesses in commercial and intellectual property litigation matters, including breach of contract, tort, class action, trademark, and trade dress claims. Additionally, she represents franchisors in matters including breach of contract, trademark and trade name infringement, business competition torts, and franchise law claims.
Lead claimant counsel in successful arbitration of breach of lease claim, appearing before panel of three arbitrators. Panel determined that claimant was the prevailing party and claimant received an award of attorneys’ fees and costs, for both the arbitration and the motion to confirm the arbitration decision in court.
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. Matter settled on confidential terms after negotiations.
Lead defense counsel for HOA against claims of slander and violation of Fair Debt Collection Practices Act. Matter settled after HOA filed 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.
Represented defendant, an international franchisor in food industry, in state court against former franchisee’s and its principals’ claims of fraud in sale of franchise. Matter settled on confidential terms after franchisor filed motion for summary judgment against plaintiffs.
Lead counsel for national manufacturer in action against distributor for breach of contract, and against cross complaint for claims including interference and misrepresentation.
Intellectual Property Litigation
Represented respondent in section 337 investigation by the International Trade Commission (ITC) against claims of patent infringement brought by competitor. Matter settled on confidential terms after the filing of motions for summary determination, including a motion challenging the validity of patents at issue.
Represented defendant in multi-defendant action in Eastern District of Texas against claims of infringement of computer software patent brought by non-practicing entity.
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)
Phi Beta Kappa
Phi Kappa Phi
State Bar of California
Franchise Law Committee (2012-2016, 2019-2020)
American Bar Association, Forum on Franchising
Governing Committee Member (2018-present)
Finance Officer (2019-present)
Litigation and Dispute Resolution Committee (LADR) (2012-2017)
International Franchising Association, Southern California Women's Franchise Network
Litigation Counsel of America
"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 (2016-2020)
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