James M. Guenthner


James M. Guenthner


James Guenthner is a litigation associate in the Dallas office of Foley & Lardner, LLP. He handles various litigation and business issues, including contract disputes, distribution and franchise matters, bankruptcy, and litigation risk analysis. He has a deep knowledge of the video game, digital content creation, streaming, and video on demand industries, as well as the developing field of U.S. artificial intelligence law.

James graduated from the University of North Texas with a degree in decision science. He worked as a business analyst for a major tech company for four and a half years, where he gained valuable experience in data analysis and project management. He decided to pursue a career in law and obtained his J.D. from the University of Texas School of Law, where he was a staff editor of The Review of Litigation and the Texas Review of Entertainment and Sports Law.

As an attorney, James combines his technical background and legal skills to provide effective and creative solutions for his clients. He has a keen interest in the legal issues arising from content streaming, video game development, publishing, and distribution, as well as the use of emerging tech and artificial intelligence across all industries.

07 August 2023 Article

Ninth Circuit Rules Washington Suppliers and Manufacturers Can Contract to Permit Termination of the Distributor Relationship Without Cause and to Limit Remedies for Such Termination

The Ninth Circuit has recently vacated a preliminary injunction prohibiting the termination of a beer distribution agreement.
27 July 2023 Article

Third Circuit Rules Texas Auto Dealer Incentive Programs Must Use Reliable Standards

The Texas Third Court of Appeals has offered guidance on the use of dealer incentive programs under the Texas Occupations Code.
17 July 2023 Article

Court Denies Motion to Dismiss Suit Alleging that Franchisor Was a Joint Employer

In Acuff v. Dy N Fly, LLC, four female plaintiffs sued a franchisor of hair salons (Dy N Fly), two of its franchisees, and the owner of the two franchisees for wrongful retaliatory termination and sexual harassment in the workplace.
05 July 2023 Article

Court Looks at What a Franchise Is Under the Minnesota Franchise Act

In Louis Degidio, Inc. v. Industrial Combustion, LLC, Louis Degidio, Inc. and Louis Degidio Services, Inc. sued Industrial Combustion, LLC, a manufacturer of “institutional boiler system” burners, for breach of a sales representative agreement.
27 June 2023 Article

Federal Court Deals with Personal Jurisdiction and Choice of Law Issues

In Luxury Concepts, Inc. v. Bateel International, LLC, a franchisee, Luxury Concepts, Inc., sued a retail outlet and e-commerce franchisor, Bateel International LLC, as well as multiple Bateel directors in federal court in Michigan.
30 March 2023 Article

“Your Comments Here”: the FTC Seeks Public Comment on the Nature of Franchise Relationships

On March 10, 2023, the FTC notified the public it is seeking comments from franchisors, franchisees, and other related parties about franchise agreements, franchisor business practices, and how franchisors may exert control over franchisees and their workers.