Peter Loh

Partner

A pragmatic business litigation attorney, Peter Loh views litigation, or potential litigation, as a business dispute in search of a business solution. With extensive courtroom experience, Peter litigates tenaciously on clients’ behalf. He also counsels them on how to avoid litigation, recognizing that clients view it as inconvenient, expensive, and unpleasant.

“Peter is a thoughtful and conscientious lawyer who has an ability to think through strategy in both individual disputes as well how it will affect your business at an organizational level. He makes sober and realistic assessments of risk and communicates clearly. He is also adept at leveraging the firm’s significant resources to assist your business in ways you might not have considered. Peter provides excellent counsel and I highly recommend him.“ Stephen Hagedorn, former General Counsel for Jani-King International, Inc.

Peter represents plaintiffs and defendants in complex commercial litigation disputes throughout the country in the manufacturing, retail, tech, finance, and consumer products sectors. He advises on and litigates claims of breach of contract, fraud, trade secret misappropriation, tortious interference, and violations of the Computer Fraud and Abuse Act (CFAA) and the Fair and Accurate Credit Transaction Act (FACTA).

Peter has a national reputation for his extensive experience representing franchisors. He has litigated against the Department of Labor and Small Business Administration on behalf of national franchise systems in cases involving employment misclassification and the issuance of loans from the Paycheck Protection Program (PPP).

“We are very pleased with the relationship that’s developed with Peter and his team at Foley & Lardner. Peter’s understanding and expertise in our manufacturing contractual disputes has helped guide us accurately. His availability is commendable and second to none and he has professionally utilized other resources at Foley for our needs.”

Peter is vice chair of the Distribution & Franchise Practice Group and the Business Litigation and Dispute Resolution Practice Group Leader for Foley’s Texas, Florida, and Mexico City offices. He has handled cases in state and federal courts in Texas, Oklahoma, California, New York, Hawaii, Arizona, Colorado, Maryland, Minnesota, Florida, Tennessee, Louisiana, Delaware, New Mexico, and Pennsylvania. He speaks basic conversational Mandarin.

Clients include:

  • Colonial Savings, F.A.
  • Dickey’s Barbecue Restaurants, Inc.
  • Docupace
  • Elias Industries, Inc.
  • iServe Residential Lending LLC
  • GEA Farm Technologies
  • Good Times Restaurants, Inc.
  • Jani-King International Inc.
  • McGrath RentCorp
  • MultiCam, Inc.
  • Precision Powered Products, Inc.
  • Steel King Industries, Inc.
  • SSCP Management, Inc.

Representative Experience

  • Lead trial counsel in federal court in Delaware defending national restaurant franchisor against claim of breach of the duty of good faith and fair dealing arising from failed negotiations for sale of client’s wholly owned subsidiary. Trial court awarded judgment in favor of client, and matter is presently on appeal. The case presents novel issues concerning whether a non-binding letter of intent may contain an implied duty of good faith and fair dealing.
  • Lead defense counsel in federal court in Oklahoma against Department of Labor’s suit claiming misclassification of franchises as independent contractors instead of employees against commercial cleaning franchisor. At the time of filing of the original suit, the department had never before brought such claims against a franchisor. Client’s motion for summary judgment is currently pending before the trial court.
  • Lead counsel in Texas state court action to appoint receiver over importer of foreign manufactured construction materials and prosecute claims of breach of contract, breach of fiduciary duty, and tortious interference.
  • Lead counsel in Delaware Superior Court representing purchaser of aerospace parts manufacturer against seller for pre-closing fraudulent misrepresentations. Client defeated seller’s counterclaims at summary judgment and settled remainder of claims on favorable terms.
  • Lead counsel in federal court in Maryland representing provider of consulting and regulatory compliance services to financial institutions. Client prevailed on its claims of breach of contract at summary judgment and was awarded attorneys’ fees over two times the amount of actual damages.

Awards and Recognition

  • Texas Super Lawyers®
    • Business Litigation (2020-2023)
    • Rising Stars (2011-2012)
  • “Best Lawyers in Dallas,” D Magazine
    • Business/Commercial Litigation (2016-2023)

Affiliations

  • State Bar of Texas – Member
  • Dallas Bar Association – Member
  • National Asian Pacific American Bar Association – Member
  • Dallas Asian American Bar Association – Member
  • Texas Bar Association – Fellow
  • Dallas Bar Association – Fellow

Community Involvement

  • Dallas Council on World Affairs – Board of Directors (2018-Present)
  • Swiss Avenue Historic District Association – President (2017-2019)
  • Leadership Dallas class of 2018, Dallas Regional Chamber of Commerce
  • Boy Scouts of America, Circle 10 Troop 43 – Advancement Committee Chair
  • Flight, Vogel Alcove’s Young Professionals Organization – Vice President, Founding Board of Directors (2013-2014)
  • St. Thomas Aquinas Wildcats, Dallas Little League – Coach (2013-2016)
  • St. Thomas Aquinas Catholic School Parents’ Advisory Council – Member (2010-2013)
  • Lower Greenville Neighborhood Association – Vice President, Board of Directors (2009-2012)
  • Leadership Arts Institute, Business Council for the Arts – Graduate (2006-2007)

Presentations and Publications

  • Co-author, “The Franchise Rule and State Franchise Law Requirements (TX), Thomson Reuters Practical Law Commercial Transactions (2023)
  • Co-author, “State Pre-Sale Franchise Registration and Disclosure Laws Charts: Overview,” Thomson Reuters Practical Law Commercial Transactions (2023)
  • Co-author, “Smart Manufacturing is the Future of Automotive Manufacturing,” Foley & Lardner’s Dashboard Insights (August 2023)
  • Co-author, “Understanding Claims of Joint Employment and Employment Misclassification,” Franchising Magazine USA (July 2023)
  • Moderator and Contributor, “Supply Arrangements and Revolts: Franchisor’s Rights v. Franchisee Revolts,” IFA Legal Symposium (May 2022)
  • Moderator, Foley & Lardner LLP Law of Product Distribution Franchise Seminars (November 2021)
  • Contributor, “The Franchise Rule and State Franchise Requirements (TX),” Thomson Reuters Practical Law Commercial Transactions (November 3, 2021)
  • Speaker, “It’s Baack! (With a Vengeance) — The Joint Employer Doctrine,” Foley & Lardner LLP Law of Product Distribution Franchise Seminars (October 2021)
  • Co-author, “Making the case: remote litigation can benefit your franchise in the long-term,” Global Franchise Magazine (August 2021)
  • Quoted, “Remote Legal Process Benefits ‘Zees and ‘Zors, Says Lawyer,” Franchise Times (June 9, 2021)
  • Contributor, “Zooming to Victory in Remote Franchise Litigation,” IFA Annual Legal Symposium (May 2021)
  • Speaker, “So, You Want to Terminate? Some Do’s and Don’ts,” Foley & Lardner LLP Law of Product Distribution Franchise Seminars (June 7, 2020)
  • Contributor, “The Franchise Rule and State Franchise Requirements (TX),” Thomson Reuters Practical Law Commercial Transactions (September 21, 2020)
  • Contributor, “The Franchise Rule and State Franchise Requirements (TX),” Thomson Reuters Practical Law Commercial Transactions (September 30, 2019)
  • Speaker, “How to Defend Against Joint Employment and Employee Misclassification Claims,” Foley & Lardner LLP Law of Product Distribution Franchise Seminars (2018, 2019)

Languages

  • Chinese (Mandarin)
  • English
05 February 2024 Legal News: Distribution & Franchise

The Department of Labor Returns to the Totality-of-the-Circumstances Test for Worker Classification

On January 9, 2024, the United States Department of Labor issued its long-awaited final rule regarding worker classification under the Fair Labor Standards Act.
23 January 2024 Article

Seymour Foodmart, LLC v. Drake Petroleum Company

In Seymour Foodmart, LLC v. Drake Petroleum Company, a Connecticut Superior Court ruled on a motion for summary judgment and offered valuable insights into the circumstances under which a franchise relationship can exist.
10 January 2024 Article

Breadeaux’s Pisa, LLC v. Beckman Bros. Ltd.

Litigants may be stuck with the choices they make in pursuing their rights under franchise agreements. In Breadeaux’s Pisa, LLC v. Beckman Bros. Ltd., Breadeaux, a franchisor, and Beckman Brothers Ltd., a franchisee operating under the name Main Street Pizza, were in a franchise relationship.
11 December 2023 Article

Holt Texas, Ltd. v. Vita Inclinata Techs., Inc.

In Holt Texas, Ltd. v. Vita Inclinata Techs., Inc., the U.S. District Court for the Western District of Texas ruled on a motion to dismiss based on a forum selection clause in a dispute between a franchisor and its distributor.
06 November 2023 Labor & Employment Law Perspectives

NLRB’s New Rule Sings “Come Together, Right Now”

On October 26, 2023, the National Labor Relations Board issued its long-awaited final rule addressing the standard for determining joint-employer status under the National Labor Relations Act.
02 November 2023 Article

NLRB Issues Final Rule on Joint-Employer Status

On October 26, 2023, the National Labor Relations Board issued its long-awaited final rule addressing the standard for determining joint-employer status under the National Labor Relations Act.