Daniel R. Garner

Dan works closely with many of the world’s largest energy companies and franchised brands on a wide range of their downstream marketing efforts and litigation matters. He has deep knowledge and experience assisting these companies with compliance, customer relationships, product sales, franchising, and dispute resolution. His relevant efforts include the following:

• Pricing and compliance expertise, including state and federal below cost laws, Robinson-Patman Act, UCC 2-305 good faith and non-discrimination, meeting competition, state price posting and weights and measures compliance, discount and reward pricing, and general antitrust obligations.
• Retail promotions, including gift card and customer loyalty programs, sweepstakes, contests, and sales/discounting.
• Implementation and operation of Electric Vehicle Charging stations.
• Franchise compliance, including with state law and federal Petroleum Marketing Practices Act termination and non-renewal obligations.
• Assisting national brands with regulatory and consumer responses to off-spec energy products.
• Lead counsel on behalf of an international oil company and franchisor in Oakland, California in Power Quality & Electrical Systems, Inc., et al. v. BP West Coast Products LLC, Case No. 16-cv-04791-YGR, 2018 WL 510130 (N.D. Cal. Jan. 23, 2018). Obtained summary judgment in the client’s favor on claims by former franchisees for breach of contract, breach of the covenant of good faith and fair dealing, and fraud (seeking more than $2 million in damages), as well as on client’s counterclaims for breach of contract, resulting in a judgment for $1,982,774, plus attorneys’ fees and costs in the amount of $375,000.
• Lead counsel for a major national energy franchise brand in a Lanham Act case against an unauthorized retailer in Tennessee improperly selling a third-party product under the franchisor’s brand.
• Lead counsel for an international energy franchise brand intervening in a case seeking to invalidate the brand’s deed restrictions on property in Illinois.
• Part of lead counsel team for an international oil company in Los Angeles in connection with franchised dealers’ claims of unfair gas pricing. In a five-week bellwether trial, a jury found in favor of the energy company on the pricing claims from four plaintiffs.
• Successfully defended a national oil pipeline owner/operator in a multimillion-dollar vendor contract dispute alleging improper termination. Part of a team representing a major oil company in connection with its $2.6 billion sale of a refinery, including development of the terms of sale and divestment of related retail assets.
• Successfully represented a domestic software development company accused of patent infringement for customer loyalty program technology.
• Part of lead counsel team for an international oil company in connection with a two-month bench trial in Chicago alleging pricing claims as well as various fraud and breach of contract claims, resulting in a complete defense verdict.
• Part of lead counsel team for a major home appliance manufacturer/retailer in arbitration alleging breach of contract and tortious interference.