John R.Skelton
Partner
Franchise & Distribution
jskelton@seyfarth.com
John helps his franchise and distribution clients achieve their strategic goals as they develop and manage their franchise and dealer networks.
More About John
Today's manufacturers, distributors, and franchisors operate in a rapidly changing environment driven by unprecedented technological change and governed by inconsistent federal, state, and local laws and regulations. Clients look to John to help them resolve systemwide challenges as they develop and manage their networks and litigate complex disputes with franchisees and dealers.
Since the early 1990s, John has worked with clients in the automobile, restaurant, hospitality, and bedding industries, developing a deep knowledge and understanding of those industries, and the complex web of federal and state laws and regulations governing his clients’ distribution networks. John knows his clients' business, people, and agreements—something he believes is essential to being able to resolve disputes and develop effective business strategies. John especially enjoys working with some of the largest, most sophisticated automotive manufacturer and distribution clients, and relishes the daily challenge of anticipating the emerging trends and issues facing clients in one of the most heavily regulated franchise industries.
John is proud to serve as co-chair of Seyfarth’s multidisciplinary Franchise & Distribution team because each member is dedicated to providing strategic advice and counseling to help clients anticipate and solve network issues and disputes. From setting up a new franchise system and the strategic counsel to make it grow to litigating the most complex disputes, his colleagues bring decades of franchise, distribution, antitrust, and trial experience to bear. John has been recognized by US News’ Best Lawyers in America (franchise law) from 2013 to 2022 and was named Franchise “Lawyer of the Year” in 2019 (Woodward/White Inc.).
Since the early 1990s, John has worked with clients in the automobile, restaurant, hospitality, and bedding industries, developing a deep knowledge and understanding of those industries, and the complex web of federal and state laws and regulations governing his clients’ distribution networks. John knows his clients' business, people, and agreements—something he believes is essential to being able to resolve disputes and develop effective business strategies. John especially enjoys working with some of the largest, most sophisticated automotive manufacturer and distribution clients, and relishes the daily challenge of anticipating the emerging trends and issues facing clients in one of the most heavily regulated franchise industries.
John is proud to serve as co-chair of Seyfarth’s multidisciplinary Franchise & Distribution team because each member is dedicated to providing strategic advice and counseling to help clients anticipate and solve network issues and disputes. From setting up a new franchise system and the strategic counsel to make it grow to litigating the most complex disputes, his colleagues bring decades of franchise, distribution, antitrust, and trial experience to bear. John has been recognized by US News’ Best Lawyers in America (franchise law) from 2013 to 2022 and was named Franchise “Lawyer of the Year” in 2019 (Woodward/White Inc.).
- JD, Western New England University School of Law
Summa cum laude
Western New England Law Review, editor - BA, Saint Anselm College
Cum laude
- Massachusetts
- New Hampshire
- US Court of Appeals, First Circuit
- US District Court, District of Massachusetts
- US District Court, District of New Hampshire
Related Services
- Bankruptcy & Restructuring
- Consumer Class Actions
- Commercial Litigation
- Antitrust & Competition
- Construction & Development Projects
- Product Liability & Complex Tort
- Government Relations & Policy
- Construction Claims & Disputes
- Class & Collective Actions
- International Dispute Resolution
- Transactional Risk Insurance
- Trial
Related Key Industries
- Successfully opposed proposed sale of car dealership in Ch. 11 bankruptcy based on, among other things, the dealer’s post-petition violation of its dealer agreement obligations and proposed sale terms which did not comply with the manufacturer’s contractual and statutory rights.
- Obtained a dismissal of a wrongful death asbestos suit brought by a former construction worker against a multinational investment bank and 22 other “premises defendants” asserting claims based on the defendants’ ownership in the 1970s of buildings undergoing construction projects.
- Successfully enforced the terms of a multinational vehicle manufacturing company's pre-petition Wind-Down Agreement in a dealer’s bankruptcy proceeding.
- Successfully defended a multinational vehicle manufacturing company's proposed relocation of a competing dealer before the NJ Office of Administrative Law. ALJ’s decision affirmed by NJ appellate court.
- Successfully represented a Japanese mall restaurant franchisor in dispute with franchisee concerning franchise agreement obligations and termination.
- Successfully defeated motion for preliminary injunction which sought to require approval of proposed sale and a relocation contrary to a multinational vehicle manufacturer company’s network plan.
- Obtained summary judgment that a multinational vehicle manufacturer company had good cause to terminate a dealer for failure to maintain floor plan financing and to conduct customary operations.
- Obtained dismissal of post-bankruptcy wrongful termination suit brought by the 100-percent shareholder on the basis that the shareholder lacked standing.
- Obtained dismissal of statewide consumer protection class action alleging a defect in antifreeze against a multinational vehicle manufacturer company.
- Successfully defended establishment of dealership in an adjacent marketplace in multiday Massachusetts Federal Court trial.
- Negotiated on behalf of California based restaurant holding company, license and management services agreement in connection with the establishment of Asian restaurant in California casinos.
- Represents various manufacturers of branded products in connection with enforcing rights under applicable license and distribution agreements.
- Successfully enforced termination of major captive motor vehicle finance company's floor plan and related financing based on a vehicle dealers' default in multiday preliminary injunction hearing.
- Successfully represented various automakers in numerous bankruptcy proceedings in connection with proposed sales of dealerships, including upholding automaker’s contractual right of first refusal and defending automaker’s set off and recoupment rights.
- Successfully defended numerous protests for a major automobile manufacturer before Connecticut Department of Motor Vehicles, challenging the proposed establishment and relocation of competing dealerships.
Related News & Insights
-
Sponsored Events
Dec 10, 2024
Seyfarth to Sponsor Alliance for Automotive Innovation Franchise Summit 2024
-
Legal Update
Sep 12, 2024
The Massachusetts Supreme Judicial Court Upholds 7-Eleven Franchise System in Denying Franchisees’ Challenge to Their Independent Contractor Status
-
Firm News
08/15/2024
220 Seyfarth Attorneys Chosen as Leaders in Their Fields by Best Lawyers in America 2025
-
Webinar
Jul 31, 2024
Webinar: Bumper-to-Bumper 2023-2024 - Significant Motor Vehicle Franchise Decisions and Developments
- Recognized for Transportation (Nationwide) by Chambers USA (2023-2024)
- Listed in Best Lawyers in America (Woodward/White Inc.) for Commercial Litigation (2021-2025) and Franchise Law (2013–2019, 2021-2025)
- Recognized as "Lawyer of the Year" by Best Lawyers in America (Woodward/White Inc.) for Franchise Law (2014, 2019-2021)
- Franchise “Lawyer of the Year”, New England, Best Lawyers in America (Woodward/White Inc.) (2019)
- Listed in Massachusetts Super Lawyers for General Litigation (Thomson Reuters) (2010-2012, 2014-2019)
- American Bar Association, Forum on Franchising
- Massachusetts Bar Association
- Boston Bar Association
- Co-Author, “The Massachusetts Supreme Judicial Court Upholds 7-Eleven Franchise System in Denying Franchisees’ Challenge to Their Independent Contractor Status,” Legal Update, Seyfarth Shaw LLP (September 12, 2024)
- Co-Author, “Recent Illinois Board Decision Reinforces Need for Vigilance on Dealer Agreement Renewals,” Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (July 16, 2024)
- Co-Author, "Franchise & Distribution," 2024 Commercial Litigation Outlook, Seyfarth Shaw LLP (February 2024)
- Co-Author, "2023 Super Bowl Auto Ads: Is There a Hidden Message?," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (February 13, 2023)
- Co-Author, "Ten Tips for Franchisors This FDD Renewal Season," Legal Update, Seyfarth Shaw LLP (January 9, 2023)
- Co-Author, "Patel, et al. v. 7-Eleven, Inc., et al – While the Massachusetts’ Independent Contractor Statute May Apply to Franchise Relationships, the SJC’s Decision Actually offers Protection for Franchisors," Legal Update, Seyfarth Shaw LLP (March 29, 2022)
- Co-Author, "2022 Super Bowl Auto Ads: the EVolution is here!," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (February 14, 2022)
- Co-Author, "An Ounce Of Prevention Is Worth A Pound Of Cure: How OEMs Can Protect Brand Strength In A Dealer Termination," Legal Update, Seyfarth Shaw LLP (March 15, 2021)
- Co-Author, "The Super Bowl's Auto Ads: What They Tell Us About the Industry," Legal Update, Seyfarth Shaw LLP (February 8, 2021)
- Co-Author, "DOL Proposes Its First-Ever Interpretation on Independent Contractor vs. Employee," Legal Update, Seyfarth Shaw LLP (September 22, 2020)
- Co-Author, "Seyfarth's Future of Automotive Series: $1 Million PPP Loans for Auto Dealers: Lifeline or Added Debt?," Legal Update, Seyfarth Shaw LLP (August 21, 2020)
- Co-Author, "California DMV Finds 'Care by Volvo' Subscription Service Violates State Law," Legal Update, Seyfarth Shaw LLP (May 8, 2020)
- Co-Author, "Getting Back to Business: Considerations for Motor Vehicle Manufacturers in the COVID-19 Environment," Legal Update: Future of Automotive Series, Seyfarth Shaw LLP (April 28, 2020)
- Co-Author, "Hotel Franchising in the Time of COVID-19," Legal Update, Seyfarth Shaw LLP (March 27, 2020)
- Co-Author, "The Financially Distressed Dealership -- Strategies for Auto Franchisors," Legal Update, Seyfarth Shaw LLP (March 18, 2020)
- Co-Author, "Franchising during the Coronavirus recession," Legal Update, Seyfarth Shaw LLP (March 17, 2020)
- Co-Author, "COVID-19 expected to trigger sales declines; OEMs should plan ahead," Legal Update: Future of Automotive Series, Seyfarth Shaw LLP (March 13, 2020)
- Author, "Electric and Autonomous Vehicles Go Mainstream on Super Bowl Sunday," Legal Update: Future of Automotive Series, Seyfarth Shaw LLP (February 4, 2020)
- Co-Author, "New York DMV Appeals Board Affirms Decision Rejecting Excessive Warranty Reimbursement Rate Demanded By Dealer," Legal Update, Seyfarth Shaw LLP (December 19, 2019)
- Co-Author, "Let’s Try on the Patterson Gloss Again: The Ninth Circuit Retracts Vazquez," Legal Update, Seyfarth Shaw LLP (July 24, 2019)
- Co-Author, "Tesla Takes on Michigan," One Minute Memo, Seyfarth Shaw LLP (October 26, 2016)
- "FLSA Compliance For Franchises…and the Joint Employer Tightrope," One Minute Memo, Seyfarth Shaw LLP (July 27, 2016)
- "Strategies for Responding to the Financially Distressed Auto Dealership (Part Two)," LJN's Franchising Business & Law Alert (June 2009)
- "Strategies for Responding to the Financially Distressed Auto Dealership (Part One)," LJN's Franchising Business & Law Alert (May 2009)
- Speaker, "Dealer Ownership and Control: Transitions from Family-Owned to Public and Private Equity Ownership," National Association of Motor Vehicle Boards and Commissions Workshop (September 2024)
- Co-Presenter, "Bumper-to-Bumper Coverage of 2022: Significant Motor Vehicle Franchise Decisions and Developments," Webinar, Seyfarth Shaw LLP (January 11, 2023)
- Co-Presenter, "Commercial Litigation Outlook: Part 1: Insights and Predictions for Litigation Trends in 2022," Webinar Series, Seyfarth Shaw LLP (April 12, 2022)
- Co-Presenter, "Bumper-to-Bumper Coverage of 2021: Significant Motor Vehicle Franchise Decisions and Developments," Webinar, Seyfarth Shaw LLP (January 12, 2022)
- Speaker, Association of Global Automakers’ Franchise Law Summit, Retail Warranty Reimbursement and Surcharge / Pricing Rights (March 2012)
- Panelist, 11th Annual New England Business Litigation Conference (January 2012)
- Panelist, 10th Annual New England Business Litigation Conference (January 2011)
John helps his franchise and distribution clients achieve their strategic goals as they develop and manage their franchise and dealer networks.
More About John
Today's manufacturers, distributors, and franchisors operate in a rapidly changing environment driven by unprecedented technological change and governed by inconsistent federal, state, and local laws and regulations. Clients look to John to help them resolve systemwide challenges as they develop and manage their networks and litigate complex disputes with franchisees and dealers.
Since the early 1990s, John has worked with clients in the automobile, restaurant, hospitality, and bedding industries, developing a deep knowledge and understanding of those industries, and the complex web of federal and state laws and regulations governing his clients’ distribution networks. John knows his clients' business, people, and agreements—something he believes is essential to being able to resolve disputes and develop effective business strategies. John especially enjoys working with some of the largest, most sophisticated automotive manufacturer and distribution clients, and relishes the daily challenge of anticipating the emerging trends and issues facing clients in one of the most heavily regulated franchise industries.
John is proud to serve as co-chair of Seyfarth’s multidisciplinary Franchise & Distribution team because each member is dedicated to providing strategic advice and counseling to help clients anticipate and solve network issues and disputes. From setting up a new franchise system and the strategic counsel to make it grow to litigating the most complex disputes, his colleagues bring decades of franchise, distribution, antitrust, and trial experience to bear. John has been recognized by US News’ Best Lawyers in America (franchise law) from 2013 to 2022 and was named Franchise “Lawyer of the Year” in 2019 (Woodward/White Inc.).
Since the early 1990s, John has worked with clients in the automobile, restaurant, hospitality, and bedding industries, developing a deep knowledge and understanding of those industries, and the complex web of federal and state laws and regulations governing his clients’ distribution networks. John knows his clients' business, people, and agreements—something he believes is essential to being able to resolve disputes and develop effective business strategies. John especially enjoys working with some of the largest, most sophisticated automotive manufacturer and distribution clients, and relishes the daily challenge of anticipating the emerging trends and issues facing clients in one of the most heavily regulated franchise industries.
John is proud to serve as co-chair of Seyfarth’s multidisciplinary Franchise & Distribution team because each member is dedicated to providing strategic advice and counseling to help clients anticipate and solve network issues and disputes. From setting up a new franchise system and the strategic counsel to make it grow to litigating the most complex disputes, his colleagues bring decades of franchise, distribution, antitrust, and trial experience to bear. John has been recognized by US News’ Best Lawyers in America (franchise law) from 2013 to 2022 and was named Franchise “Lawyer of the Year” in 2019 (Woodward/White Inc.).
- JD, Western New England University School of Law
Summa cum laude
Western New England Law Review, editor - BA, Saint Anselm College
Cum laude
- Massachusetts
- New Hampshire
- US Court of Appeals, First Circuit
- US District Court, District of Massachusetts
- US District Court, District of New Hampshire
Related Services
- Bankruptcy & Restructuring
- Consumer Class Actions
- Commercial Litigation
- Antitrust & Competition
- Construction & Development Projects
- Product Liability & Complex Tort
- Government Relations & Policy
- Construction Claims & Disputes
- Class & Collective Actions
- International Dispute Resolution
- Transactional Risk Insurance
- Trial
Related Key Industries
- Successfully opposed proposed sale of car dealership in Ch. 11 bankruptcy based on, among other things, the dealer’s post-petition violation of its dealer agreement obligations and proposed sale terms which did not comply with the manufacturer’s contractual and statutory rights.
- Obtained a dismissal of a wrongful death asbestos suit brought by a former construction worker against a multinational investment bank and 22 other “premises defendants” asserting claims based on the defendants’ ownership in the 1970s of buildings undergoing construction projects.
- Successfully enforced the terms of a multinational vehicle manufacturing company's pre-petition Wind-Down Agreement in a dealer’s bankruptcy proceeding.
- Successfully defended a multinational vehicle manufacturing company's proposed relocation of a competing dealer before the NJ Office of Administrative Law. ALJ’s decision affirmed by NJ appellate court.
- Successfully represented a Japanese mall restaurant franchisor in dispute with franchisee concerning franchise agreement obligations and termination.
- Successfully defeated motion for preliminary injunction which sought to require approval of proposed sale and a relocation contrary to a multinational vehicle manufacturer company’s network plan.
- Obtained summary judgment that a multinational vehicle manufacturer company had good cause to terminate a dealer for failure to maintain floor plan financing and to conduct customary operations.
- Obtained dismissal of post-bankruptcy wrongful termination suit brought by the 100-percent shareholder on the basis that the shareholder lacked standing.
- Obtained dismissal of statewide consumer protection class action alleging a defect in antifreeze against a multinational vehicle manufacturer company.
- Successfully defended establishment of dealership in an adjacent marketplace in multiday Massachusetts Federal Court trial.
- Negotiated on behalf of California based restaurant holding company, license and management services agreement in connection with the establishment of Asian restaurant in California casinos.
- Represents various manufacturers of branded products in connection with enforcing rights under applicable license and distribution agreements.
- Successfully enforced termination of major captive motor vehicle finance company's floor plan and related financing based on a vehicle dealers' default in multiday preliminary injunction hearing.
- Successfully represented various automakers in numerous bankruptcy proceedings in connection with proposed sales of dealerships, including upholding automaker’s contractual right of first refusal and defending automaker’s set off and recoupment rights.
- Successfully defended numerous protests for a major automobile manufacturer before Connecticut Department of Motor Vehicles, challenging the proposed establishment and relocation of competing dealerships.
Related News & Insights
-
Sponsored Events
Dec 10, 2024
Seyfarth to Sponsor Alliance for Automotive Innovation Franchise Summit 2024
-
Legal Update
Sep 12, 2024
The Massachusetts Supreme Judicial Court Upholds 7-Eleven Franchise System in Denying Franchisees’ Challenge to Their Independent Contractor Status
-
Firm News
08/15/2024
220 Seyfarth Attorneys Chosen as Leaders in Their Fields by Best Lawyers in America 2025
-
Webinar
Jul 31, 2024
Webinar: Bumper-to-Bumper 2023-2024 - Significant Motor Vehicle Franchise Decisions and Developments
- Recognized for Transportation (Nationwide) by Chambers USA (2023-2024)
- Listed in Best Lawyers in America (Woodward/White Inc.) for Commercial Litigation (2021-2025) and Franchise Law (2013–2019, 2021-2025)
- Recognized as "Lawyer of the Year" by Best Lawyers in America (Woodward/White Inc.) for Franchise Law (2014, 2019-2021)
- Franchise “Lawyer of the Year”, New England, Best Lawyers in America (Woodward/White Inc.) (2019)
- Listed in Massachusetts Super Lawyers for General Litigation (Thomson Reuters) (2010-2012, 2014-2019)
- American Bar Association, Forum on Franchising
- Massachusetts Bar Association
- Boston Bar Association
- Co-Author, “The Massachusetts Supreme Judicial Court Upholds 7-Eleven Franchise System in Denying Franchisees’ Challenge to Their Independent Contractor Status,” Legal Update, Seyfarth Shaw LLP (September 12, 2024)
- Co-Author, “Recent Illinois Board Decision Reinforces Need for Vigilance on Dealer Agreement Renewals,” Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (July 16, 2024)
- Co-Author, "Franchise & Distribution," 2024 Commercial Litigation Outlook, Seyfarth Shaw LLP (February 2024)
- Co-Author, "2023 Super Bowl Auto Ads: Is There a Hidden Message?," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (February 13, 2023)
- Co-Author, "Ten Tips for Franchisors This FDD Renewal Season," Legal Update, Seyfarth Shaw LLP (January 9, 2023)
- Co-Author, "Patel, et al. v. 7-Eleven, Inc., et al – While the Massachusetts’ Independent Contractor Statute May Apply to Franchise Relationships, the SJC’s Decision Actually offers Protection for Franchisors," Legal Update, Seyfarth Shaw LLP (March 29, 2022)
- Co-Author, "2022 Super Bowl Auto Ads: the EVolution is here!," Legal Update: Seyfarth's Future of Automotive Series, Seyfarth Shaw LLP (February 14, 2022)
- Co-Author, "An Ounce Of Prevention Is Worth A Pound Of Cure: How OEMs Can Protect Brand Strength In A Dealer Termination," Legal Update, Seyfarth Shaw LLP (March 15, 2021)
- Co-Author, "The Super Bowl's Auto Ads: What They Tell Us About the Industry," Legal Update, Seyfarth Shaw LLP (February 8, 2021)
- Co-Author, "DOL Proposes Its First-Ever Interpretation on Independent Contractor vs. Employee," Legal Update, Seyfarth Shaw LLP (September 22, 2020)
- Co-Author, "Seyfarth's Future of Automotive Series: $1 Million PPP Loans for Auto Dealers: Lifeline or Added Debt?," Legal Update, Seyfarth Shaw LLP (August 21, 2020)
- Co-Author, "California DMV Finds 'Care by Volvo' Subscription Service Violates State Law," Legal Update, Seyfarth Shaw LLP (May 8, 2020)
- Co-Author, "Getting Back to Business: Considerations for Motor Vehicle Manufacturers in the COVID-19 Environment," Legal Update: Future of Automotive Series, Seyfarth Shaw LLP (April 28, 2020)
- Co-Author, "Hotel Franchising in the Time of COVID-19," Legal Update, Seyfarth Shaw LLP (March 27, 2020)
- Co-Author, "The Financially Distressed Dealership -- Strategies for Auto Franchisors," Legal Update, Seyfarth Shaw LLP (March 18, 2020)
- Co-Author, "Franchising during the Coronavirus recession," Legal Update, Seyfarth Shaw LLP (March 17, 2020)
- Co-Author, "COVID-19 expected to trigger sales declines; OEMs should plan ahead," Legal Update: Future of Automotive Series, Seyfarth Shaw LLP (March 13, 2020)
- Author, "Electric and Autonomous Vehicles Go Mainstream on Super Bowl Sunday," Legal Update: Future of Automotive Series, Seyfarth Shaw LLP (February 4, 2020)
- Co-Author, "New York DMV Appeals Board Affirms Decision Rejecting Excessive Warranty Reimbursement Rate Demanded By Dealer," Legal Update, Seyfarth Shaw LLP (December 19, 2019)
- Co-Author, "Let’s Try on the Patterson Gloss Again: The Ninth Circuit Retracts Vazquez," Legal Update, Seyfarth Shaw LLP (July 24, 2019)
- Co-Author, "Tesla Takes on Michigan," One Minute Memo, Seyfarth Shaw LLP (October 26, 2016)
- "FLSA Compliance For Franchises…and the Joint Employer Tightrope," One Minute Memo, Seyfarth Shaw LLP (July 27, 2016)
- "Strategies for Responding to the Financially Distressed Auto Dealership (Part Two)," LJN's Franchising Business & Law Alert (June 2009)
- "Strategies for Responding to the Financially Distressed Auto Dealership (Part One)," LJN's Franchising Business & Law Alert (May 2009)
- Speaker, "Dealer Ownership and Control: Transitions from Family-Owned to Public and Private Equity Ownership," National Association of Motor Vehicle Boards and Commissions Workshop (September 2024)
- Co-Presenter, "Bumper-to-Bumper Coverage of 2022: Significant Motor Vehicle Franchise Decisions and Developments," Webinar, Seyfarth Shaw LLP (January 11, 2023)
- Co-Presenter, "Commercial Litigation Outlook: Part 1: Insights and Predictions for Litigation Trends in 2022," Webinar Series, Seyfarth Shaw LLP (April 12, 2022)
- Co-Presenter, "Bumper-to-Bumper Coverage of 2021: Significant Motor Vehicle Franchise Decisions and Developments," Webinar, Seyfarth Shaw LLP (January 12, 2022)
- Speaker, Association of Global Automakers’ Franchise Law Summit, Retail Warranty Reimbursement and Surcharge / Pricing Rights (March 2012)
- Panelist, 11th Annual New England Business Litigation Conference (January 2012)
- Panelist, 10th Annual New England Business Litigation Conference (January 2011)