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Richard S. Order represents clients in business disputes involving claims such as breach of contract, breach of fiduciary duty, antitrust, franchise, false advertising, ERISA, fraud, RICO, business torts, unfair trade practices and competition, breach of employment and non-compete agreements, vexatious litigation, and tortious interference in federal and state trial and appellate courts throughout the country.
Mr. Order has represented clients also in domestic and international arbitrations and mediations before such alternative dispute resolution providers as the American Arbitration Association, the International Centre for Dispute Resolution, and the National Association of Securities Dealers Dispute Resolution, now merged into FINRA. Mr. Order serves as a member of the American Arbitration Association's National Roster of Neutrals.
One of Mr. Order's first prominent trials was Petereit v. S.B. Thomas, Inc., 853 F. Supp. 55 (D. Conn. 1993), aff'd in part, rev'd in part, 63 F.3d 1169 (2d Cir. 1995), in which he represented plaintiff distributors of Thomas's English Muffins. This case established criteria for determining the elements of a franchise and the concept of constructive termination of a franchise and is cited as a seminal decision under the Connecticut Franchise Act and as persuasive authority in construing other state franchise statutes. After an eight-day trial, Mr. Order obtained a ruling that the distributorships were, in fact, franchises, and the court issued an injunction requiring S.B. Thomas to restore the distributors' territories and delivery routes. After appeal, S.B. Thomas converted to a franchise system and established formal franchises for the distributors.
Other significant cases Mr. Order has handled include:
Ambrogio v. Beaver Road Associates, 267 Conn. 148 (2003): On behalf of an oral surgeon, Mr. Order brought a breach of contract claim against the contractor who built out the surgeon's office, which later suffered constant moisture filtration through the floors. The Superior Court dismissed the surgeon's consequential damages claim for lost profits resulting from the unsanitary conditions, but the Appellate Court and the Supreme Court held that such consequential damages are available remedies in a breach of construction contract claim.
Cahaly v. Benistar Property Exchange Trust Co. (2001-2003): Mr. Order defended property exchange and employer benefits companies and officers in a four-week jury trial in the Business Litigation Session of Superior Court in Boston against breach of contract, breach of fiduciary duty, fraud, and unfair trade practices claims.
Cahaly v. Benistar Property Exchange Trust Co., 268 Conn. 264 (2004): One of the plaintiffs in the Massachusetts case described above sued also in Connecticut Superior Court, seeking solely a prejudgment remedy ("PJR") of attachment in anticipation of obtaining a judgment in the Massachusetts case. The Superior Court granted the PJR, and the Appellate Court affirmed. In a case of first impression, the Supreme Court unanimously reversed on the grounds that the plaintiff had prematurely commenced an action for enforcement of a foreign judgment before obtaining judgment and that PJRs are not available in Connecticut to secure potential future judgments in foreign courts.
San v. United Magazine Company (1995-1996): Mr. Order defended a periodicals distribution company and its officers in a six-week jury trial in state court in Columbus, Ohio against defamation, promissory estoppel, breach of employment agreement, and fraud claims.
Travelers Ins. Co. v. Allied-Signal (1990-1992): In federal court in Connecticut, Mr. Order represented Northeast Utilities in a rare form of class action (defendants class action) and federal interpleader brought by Travelers against the ten largest investors in its real estate investment account for pension funds. The pension funds obtained a large settlement.
Turbine Controls, Inc. v. Aviall (1992-1993): After an evidentiary hearing before the American Arbitration Association, Mr. Order obtained a mid-six figure arbitration award for an FAA repair shop against an American Airlines affiliate for breach of contract.
Jarrow Formulas v. International Nutrition Company (2001-2006): Mr. Order defended a Dutch nutritional supplement company and its U.S. attorney against vexatious litigation and antitrust claims stemming from their commencement of a patent and
trademark
infringement action. The underlying action had been dismissed because the district court granted comity to a French court's determination that the Dutch company was not the owner of the U.S. patent. Mr. Order's defense was that the prior attorney and the client had probable cause to commence and maintain the infringement action and that the U.S. court should have decided the issue of ownership of the patent instead of yielding to the French court. On the verge of trial, Mr. Order obtained a favorable settlement for the clients.
Benistar Cases (2002-2005), Mr. Order successfully defended the nation's largest third-party administrator of multiple employer welfare benefit plans in a number of cases in Philadelphia, Chicago, Minneapolis, and Michigan alleging fraud, breaches of fiduciary duties and RICO and ERISA violations, and seeking appointment of a receiver for one of the plans. Mr. Order's vigorous defense contributed to the withdrawal of class action allegations from the Chicago federal court action and a settlement with the plaintiffs.
INEOS Fluor v. Honeywell (2006-2007): Mr. Order represented the plaintiff in breach of contract claims in federal court in Delaware for improper price increases in a chemical supply contract and obtained a favorable amendment to the supply contract.
Chemical Company v. Oil Company [identities withheld pursuant to
confidentiality agreement]
(2006-2009): On behalf of a global chemical company, Mr. Order asserted arbitration claims before the American Arbitration Association based on improper force majeure invocation by a global oil company. Shortly before the evidentiary hearing, the client received a favorable settlement.
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| Practice Focus |
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| Education |
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- J.D., Columbia University School of Law, New York, New York, 1981
Managing Editor, Columbia Human Rights Law Review
- B.A., Classics, summa cum laude, Wesleyan University, Middletown, Connecticut, 1978
Phi Beta Kappa
Ingraham Prize |
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Professional & Community
Associations |
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- American Arbitration Association, Member of the National Roster of Neutrals
- American Bar Association, Litigation Section, Committee on Corporate Counsel, Co-Chairman ADR Subcommittee (1999-2008); Forum on Franchising
- Connecticut Bar Association, Federal Practice Section, Chairman, (1995-98); Treasurer, (1993-95); Secretary, (1992-93); Executive Committee, (1992-present); Franchise Law Section, Executive Committee
- Hartford County Bar Association
- Association of the Bar of the City of New York
- American Franchisee Association, Attorney Affiliate Member
- Town of Simsbury, Connecticut, Board of Ethics, Chairman
- Community Health Services, Inc., Board of Directors, Secretary, Executive Committee, and Chairman of Governance Committee
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| Bar & Court Admissions |
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- State of Connecticut
- State of New York
- U.S. Supreme Court
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court District of Connecticut
- U.S. District Court Southern District of New York
- U.S. District Court Eastern District of New York
- U.S. District Court Eastern District of Michigan
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| Publications |
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- Effective Written Advocacy in the U.S. District Court for the District of Connecticut, Connecticut Bar Association Annual Meeting, June 14, 2010
- Doe v. Norwalk Community College Analysis for LexisNexis Expert Commentaries, November 2007
- Decisions Interpreting Connecticut's Rules of Class Action Procedure in Survey of State Class Action Law, American Bar Association Section of Litigation, Annual Report of the State Laws Subcommittee of the Class Actions and Derivative Suits Committee (2006-2010)
- Arbitration Freed From American Fee Rule, The Connecticut Law Tribune, Business Litigation Supplement,
April 17, 2006
- Federal Litigation Guide: New York and Connecticut, Matthew Bender, 1998 (Contributor)
- Staff Privileges Emerge as Managed Care Battleground, Physician's Management, March 1997
- Judge Restricts Witness-Coaching at Depositions, Connecticut Bar Association Federal Practice Section Newsletter, Fall 1994
- Alternative Dispute Resolution: Simplified Justice or a Shield for Smoking Guns?, Hartford Business Review, June 1993
- Washington Turns Up Antitrust Heat on Doctors, interview in Medical Economics, August 5, 1991
- Lender's Liens Lost, Connecticut Lawyer, May 1991
- War Correspondents: Military Pawns or Truth Seekers?, The Hartford Courant, Op-Ed Page,
March 31, 1991
- Are Aliens Still a Suspect Class After Norwick?, 11 Columbia Human Rights Law Rev. 227, 1979
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| Presentations |
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- Effective Oral and Written Advocacy in the U.S. District Court, Federal Practice Section program at Connecticut Bar Association Annual Meeting, June 14, 2010
- Emanuel Synagogue 2010 Gubernatorial Political Forum, Emanuel Synagogue, West Hartford, Connecticut, April 9, 2010
- An Advanced Guide to Mitigating and Managing Litigation Risks, IQPC Corporate Counsel Exchange,
February 24, 2008
- Settlement from Inside and Outside, ABA Section of Litigation Committee on Corporate Counsel Annual Meeting,
February 14, 2004
- Why Do Franchisors Pick on Good Franchisees?, American Franchisee Association,
April 27, 2001
- Everything You Always Wanted to Know About the Federal Courts But Were Afraid to Ask, Connecticut Bar Association Annual Meeting,
June 16, 1997
- Interview on WEZN (Bridgeport) Radio concerning cameras in the courtroom and the O.J. Simpson trial, March 5, 1995
- What Really Is a Franchise? - The Effect of Recent Case Law Changes, Connecticut Bar Association, Franchise Law in Connecticut Seminar,
March 9, 1994
- Interview on WTIC (Hartford) and WBZ (Boston) Radio concerning legal aspects of National Hockey League players strike, April 2 and 7, 1992
- Interview on WPOP (Hartford) Radio concerning the military and the media during the Persian Gulf War, February 11, 1991
- Federal Courts - Avoiding the Pitfalls, Hartford County Bar Association,
November 8, 1990
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