Nelson, Patricia Jo

George Mykulak is a partner in the firm's Litigation/Controversy Department, and a member of the Business Trial Group. He joined the firm in 2000.

Practice

Mr. Mykulak is a seasoned trial attorney with a national commercial litigation practice focused on franchise/distribution, contract/business tort and real estate disputes. For more than thirteen years, he was co-national franchise litigation counsel for Chrysler Motors LLC prior to its bankruptcy and has continued in that capacity for the newly-formed Chrysler Group LLC. He regularly consults with and represents franchisors, manufacturers and distributors in connection with a wide spectrum of franchise and product distribution issues, including the establishment, relocation or termination of franchises, national market withdrawals, encroachment and branding issues and rights of first refusal.

Mr. Mykulak has successfully represented franchisors and affiliates in judicial, appellate and administrative proceedings throughout the United States at both the state and federal levels, in proceedings before the American Arbitration Association and in mediations. He has also successfully represented commercial landlords in connection with lease disputes and lenders and debtors in connection with loan, letter of credit, factoring and work-out disputes. In addition, he has appeared before various bankruptcy courts and the Massachusetts appellate tax board.

As a partner in the Litigation/Controversy Department, Mr. Mykulak is liaison to the Lawyers Clearinghouse on Affordable Housing and Homelessness and to Citizen Schools, co-chair of the Training and Education Committee and a member of the Knowledge Management Committee and Senior Associates Committee. He also has an active pro bono practice.

Recent Highlights

Mr. Mykulak represented Chrysler Group in its defense of over 400 arbitrations commenced by former dealers in 48 states under a unique federal statute enacted in response to the rejection of those dealers in “Old Chrysler’s” bankruptcy proceedings. The statute required the arbitrations to be completed in approximately 4 months. As one of several lead national counsel, Mr. Mykulak was intimately involved in strategy, selection of arbitrators, retention of experts, training outside trial counsel, discovery and prehearing preparation. Additionally, he tried and/or resolved close to 20 cases during a 3 month period. Since the completion of the arbitrations, Mr. Mykulak has been one of several lead national counsel representing Chrysler Group in multiple federal litigations commenced by dealers that either prevailed in the arbitrations, but were not satisfied with the statutory remedy, or lost the arbitrations.

In addition, Mr. Mykulak has successfully defended franchisors, manufacturers and distributors in a number of reported and precedential decisions, including:

Mr. Mykulak successfully represented DC Vans throughout the country in its defense of various judicial and administrative challenges to its announced discontinuation of a line of vehicles and other branding issues. He was able to obtain dismissals in 8 matters. In Freightliner of Knoxville, the District Court for the Eastern District of Tennessee dismissed all 11 claims asserted by the dealer ranging from common law breach of contract and fraud to local statutory claims to an antitrust claim under the Robinson-Patman Act. Based in part on the Knoxville decision, Mr. Mykulak also obtained dismissals of related cases in the District Court for the Northern District of Georgia and the Eastern District of Tennessee.

Mr. Mykulak obtained a ruling from the United States District Court for the Southern District of New York in Bronx Chrysler Plymouth that firmly rejected case law that had recognized the standing of an individual shareholder to assert claims on behalf of a terminated corporate dealership.

In cases of first impression under local statutory schemes, Mr. Mykulak successfully defended Chrysler before the United States District Court for the District of Vermont against a dealer's claims arising from the discontinuance of the Plymouth brand and before the Georgia Franchise Practices Board against claims asserted by a rejected purchaser in connection with Chrysler's exercise of its right of first refusal.

Mr. Mykulak obtained summary judgment on behalf of Chrysler in a potential class action brought by Indiana dealers in connection with amendments to the dealer agreements.

In another case of first impression, Mr. Mykulak successfully represented a national tow equipment distributor before the New Hampshire Motor Vehicle Industry Board, obtaining a dismissal for lack of jurisdiction.

Professional Activities

Mr. Mykulak is a fellow of the Litigation Counsel of America (LCA) and is a member of the American Bar Association, Forum on Franchising. He is also a member of the Massachusetts Bar Association and the Boston Bar Association.

Honors and Awards

Mr. Mykulak was recognized in the November 2010 and 2011 editions of Boston Magazine as a "New England Super Lawyer" for business litigation, as well as in the 2004 edition for franchise and dealership law.

Publications

Mr. Mykulak is a contributor to Massachusetts Continuing Legal Education publications, including a chapter on franchise disputes in "Business Torts in Massachusetts."

Community Involvement

Mr. Mykulak sits on the Board of Directors of the Lawyers Clearinghouse on Affordable Housing and Homelessness. He is also a former VISTA volunteer and an active participant in his local community youth athletic programs.