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George W. Mykulak

Partner

One Post Office Square
30th Floor
Boston, MA 02109
george.mykulak@nelsonmullins.com

George Mykulak is a partner of Nelson Mullins Riley & Scarborough LLP in the Boston office where he focuses his business litigation practice on franchise/distribution, contract/business tort, and real estate disputes. A first chair trial and appellate attorney with more than three decades of varied experience, Mr. Mykulak has litigated in Massachusetts state and federal...

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George Mykulak is a partner of Nelson Mullins Riley & Scarborough LLP in the Boston office where he focuses his business litigation practice on franchise/distribution, contract/business tort, and real estate disputes. A first chair trial and appellate attorney with more than three decades of varied experience, Mr. Mykulak has litigated in Massachusetts state and federal trial, appellate, bankruptcy, and tax courts and regularly appears pro hac vice in judicial, administrative, and arbitral proceedings throughout the country. Many of his cases are published decisions, and several are cases of first impression.

 

trial, appellate, bankruptcy, and tax courts and regularly appears pro hac vice in judicial, administrative, and arbitral proceedings throughout the country. Many of his cases are published decisions, and several are cases of first impression.

 

George Mykulak is a partner of Nelson Mullins Riley & Scarborough LLP in the Boston office where he focuses his business litigation practice on franchise/distribution, contract/business tort, and real estate disputes. A first chair trial and appellate attorney with more than three decades of varied experience, Mr. Mykulak has litigated in Massachusetts state and federal... trial, appellate, bankruptcy, and tax courts and regularly appears pro hac vice in judicial, administrative, and arbitral proceedings throughout the country. Many of his cases are published decisions, and several are cases of first impression.

 

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Matters

Franchise/distribution:

  • Regularly advises and represents domestic and import motor vehicle manufacturers, the world's leader towing and recovery equipment distributor, and hospitality, temporary office, home healthcare, and printing franchisors in connection with a variety of franchise/distribution issues, including the establishment, relocation, and termination of franchises, national market withdrawals, encroachment and branding issues, vicarious liability, and rights of first refusal
  • As one of several lead counsel, represented a domestic automotive OEM in its defense of more than 400 arbitrations commenced by former dealers in 48 states under federal legislation enacted in response to the OEM's bankruptcy. Involved in strategy, selection of arbitrators, retention of experts, outside trial counsel training, discovery, settlements, and prehearing preparation. Tried and/or resolved almost 20 cases during a three-month period and then defended the OEM at trial in the Eastern District of New York and before the Second Circuit
  • In cases of first impression under 2011 amendments to the New Jersey Franchise Act, defended a motor vehicle franchisor in administrative protest proceedings commenced by existing dealers seeking to prevent the establishment of competing dealerships
    • Following a 10-day trial and the filing of an amicus brief by the New Jersey dealer association, obtained a final ruling and appellate affirmance in favor of the franchisor under the amended statute
    • Obtained a final ruling that the protesting dealer lacked standing because the 2011 amendment expanding New Jersey's "relevant market area" for protests could not be retroactively applied
  • In cases of first impression, challenged the New Hampshire Motor Vehicle Industry Board's jurisdiction over a tow equipment distributor and over the establishment of a Vermont dealer
  • Obtained a favorable appellate clarification of the two year/two mile exemption under the Pennsylvania Board of Vehicles Act and then defeated the dealer's applications for further appellate review before the Commonwealth Court and the Pennsylvania Supreme Court. In a related case brought in Pennsylvania state court by the same dealer seeking damages, obtained a dismissal based on the language of the franchise contract
  • Defended a commercial van distributor in several judicial and administrative challenges to its announced discontinuation of a vehicle line. Through motions or negotiations, obtained dismissals in eight matters, including cases in federal courts sitting in Tennessee and Georgia, as well as an affirmance from the Sixth Circuit
  • Obtained a ruling from the Southern District of New York firmly rejecting precedent that had recognized the standing of an individual shareholder to assert claims on behalf of a terminated corporate dealership
  • Defended a motor vehicle franchisor in Vermont federal court against a dealer's claims arising from the discontinuance of a vehicle line and in Georgia administrative proceedings against claims asserted by a rejected purchaser in connection with the franchisor's exercise of its right of first refusal
  • In Indiana state courts, obtained summary judgment and appellate affirmance in a potential class action brought by dealers challenging amendments to the dealer agreements

Non-franchise:

  • Has represented landlords, developers, landowners, lenders and other commercial entities on a variety of real estate, contract, and lending issues, including environmental, construction, eminent domain, condominium, easement, and foreclosure controversies and letters of credit, factoring, and tax disputes
  • Defended the acquiring entity under a merger agreement in a declaratory judgment action filed by one of the sellers seeking the release from escrow of shares of stock held as security for indemnity obligations. Obtained a ruling from the Northern District of New York dismissing the case based on the statute of limitations and a subsequent affirmance from the Second Circuit
  • Represented a national retailer in Massachusetts state court litigation seeking contractual and statutory indemnity and damages from the seller under a real estate purchase agreement and its officers and directors as a result of contamination found in the soil after the closing
  • Represented a lender in pursuing receiverships in Massachusetts federal court in aid of state court foreclosure proceedings and a landowner in Massachusetts state court in resolving a long-standing easement dispute

Pro bono:

  • Defended a patients' rights blogger in Massachusetts federal court in a publicized defamation suit
  • Represented a veteran in obtaining benefits before the Court of Appeals for Veteran Claims
  • Defended two Massachusetts private schools in mediating and resolving construction disputes
  • Supervised and participated in representation of homeless clients generated through intakes at various local shelters
  • Participated in the national Clemency Project 2014

Previous Professional Experience

  • More than 16 years as a commercial litigation partner at the Boston office of WilmerHale (2000-2016)
  • Litigation partner at a mid-size Boston law firm focused on a variety of real estate, work-out and bankruptcy disputes while developing current franchise/distribution practice (1981-2000)

Education

  • Boston College Law School, JD, cum laude (1981)
    • Articles and Citations Editor, International & Comparative Law Review
  • Yale University, BA, English (1977)

Admissions

  • Massachusetts
  • Supreme Court of the United States
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the District of Massachusetts

Practice Areas

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

Professional Activities

  • Hearing Officer, Massachusetts Board of Bar Overseers
  • Contributor, Massachusetts Continuing Legal Education publications, including Chapters in Business Torts in Massachusetts (Franchise Disputes) and Enforcement of Judgments

Professional Associations and Memberships

  • Member, American Bar Association, Litigation Section and Forum on Franchising
  • Member, Massachusetts Bar Association, Civil Litigation Section
  • Member, Boston Bar Association, Business Litigation Section; Steering Committee for Annual Meeting (2014)
  • Fellow, Boston Bar Foundation Society of Fellows
    • Steering Committee, John & Abigail Adams Benefit (2014- 2016)
    • Fellows Committee
  • Board of Directors, Immediate Past President, Lawyers Clearinghouse on Affordable Housing and Homelessness
    • Operates Massachusetts Legal Clinic for the Homeless at local shelters and Legal Referral Program for nonprofits
    • Oversees the Supreme Judicial Court’s Access to Justice Fellows Program
  • Yale Baseball Association, Alumni Nonprofit Alliance, and Alumni Schools Committee
  • Boston College Law School Reunion Committees and Grimes Moot Court/Mock Trial Judge
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