Bud Culp has represented clients in complex litigation, arbitration and appeals for more than two decades in a broad spectrum of industries, from entrepreneurial startups to multinational corporations. Bud is also a respected franchise and distribution attorney, counseling his clients in their strategic development and expansion. This unique combination of trial and transactional skills has led to favorable results in the courtroom and the boardroom, and has solidified Bud’s reputation as a problem solver and a go-to attorney when the stakes are high.
Bud has specific litigation experience in the areas of complex contract disputes, business valuation, securities, intellectual property, First Amendment law, telecommunications, utility rate-making and class action defense. Bud counsels his franchise and distribution clients on a broad array of issues, including preparation of contracts and franchise disclosure documents, registration, supply chain management, antitrust and pricing matters, termination, transfers and dispute resolution.
Bud is a former officer and assistant general counsel for a large multinational franchisor. In that capacity, he managed its North American litigation and served as chief counsel for its Canadian subsidiary.
Outside the office, Bud enjoys spending time with his wife and Golden Retriever. He is an avid traveler, golfer, skier, gardener, and rosarian.
Notable litigation:
• Franchisor - Seven-Eleven v. Quiznos Sub, 97-CV-6769, summary judgment in favor of client.
• Franchisor - Spicer v. Quiznos Sub, Case No. 98-CV-2336, jury verdict in favor of client.
• Franchisee - Factual Data - Southern California v. Kroll Factual Data, AAA Arbitration No. 77 114 Y 00140 05 JISI, panel consisting of the Honorable Robert Kapelke, Joseph E. Meyer III and Gordon Netzorg enjoined franchisor from internet encroachment in client franchisee's exclusive San Diego and Los Angeles territory, and awarded substantial compensatory damages and attorneys’ fees to client.
• Communications - In re Joint Application of SBC Communications, Inc. and AT&T Corp., Docket No. 05A-084T, Chief Commissioner Sopkin granted client’s motion to dismiss the proceeding and ruled that the Colorado Public Utilities Commission has no regulatory authority to require approval of the SBC/AT&T merger.
• Communications - WorldCom, Inc. (s/k/a MCI WorldCom) v. US West Communications, Inc., Case No. 96-B-404 (consolidated), $2,617,331.90 summary judgment in favor of client.
• Securities Fraud and Shareholder Derivative Suits - Robert W. Schrier M.D. et al. v. INVESCO et al., Case No. 00CV9545, motion to dismiss granted in favor of client, attorneys’ fees awarded.
• Class Action - while serving as in-house counsel, managed and oversaw dismissal of eleven consumer class actions, including five antitrust actions in the U.S. and Canada, each prior to certification.
• First Amendment - John and Patsy Ramsey v. American Media, Inc. et al., favorable settlement of $25 million defamation claim filed against client.
• Contract - Martin Marietta Corp. et al. v. Don Ward Trucking Co., No. 900900521, jury verdict for client relating to I-80 paving project.
• Criminal - People of the State of Colorado v. Patricia Reilly, Case No. 91-CR-2300, Courtroom 16, jury verdict of not guilty for charge of attempted first degree murder by client Veteran’s Administration oncology nurse accused of attempted mercy killing of dying patient (broadcast on Court TV).
Recent speeches and publications:
2011
• Bud Culp, “Starting and Growing a Franchise System in a Weak Credit Market,” Denver Business Journal 11 Feb. 2011.
2010
• Bud Culp and Dan Demolli, “Awarding the Franchise: Keys to Smart Growth,” Moye White New and Emerging Franchisor Conference, September 30, 2010
• Bud Culp and Dave Katalinas, “Supply Chain Risk Management,” Marsh Denver Restaurant Roundtable, April 13, 2010
2009
• Chesley K. (Bud) Culp III and Rochelle B. Spandorf, “Sourcing Products and Services for the System: Efficiencies and Traps in Supply Chain Management,” American Bar Association, 32nd Annual Forum on Franchising, October 14-16, 2009.