Richard M. Franklin

Member Profile - The Chicago International Dispute Resolution Association (CIDRA)

Position:  Partner, Baker & McKenzie LLP.  Chicago, IL
Education:  University of Freiburg ; University of Wisconsin (B.A.) (1970); Columbia University (J.D. ) (1973)
ADR Experience: Mr. Franklin has represented many clients in international commercial arbitration matters under the Rules of the International Chamber of Commerce, the International Commercial Rules of the American Arbitration Association, the UNCITRAL Rules and in ad hoc arbitration. Mr. Franklin was instrumental in the drafting of the Illinois International Commercial Arbitration Act.
Specific Expertise: Mr. Franklin speaks German fluently and participated in an associate training program at the Firm’s Frankfurt office. As a result, a great deal of Mr. Franklin’s practice involves the representation of German, Swiss and Austrian clients in U.S. litigation or arbitration. Mr. Franklin has extensive familiarity with issues of international practice and procedure, particularly as they affect German, Swiss and Austrian clients, including such issues as the service of process abroad under the Hague Service Convention and otherwise, the taking of evidence abroad under the Hague Evidence Convention and otherwise, proof of foreign law and the enforcement of judgments. Mr. Franklin’s German language ability and bi-cultural background provide him with unique facility in dealing with German, Swiss and Austrian clients and with issues involving the laws and business practices of those countries.
Lectures: Some of Mr. Franklin’s recent speeches include: “Overview of Recent Developments in Product Liability Law in the USA” (Client Seminar, Frankfurt, April 18, 1997); “American Civil Proceedings” (Client Seminar, Zurich, June 13, 1997, Essen, October 30, 1997); “Representing European Clients in U.S. Litigation” (Firm Symposium, Amsterdam, April 24, 1998); “Perspectives from Counsel in an International Arbitration” (Chicago Bar Association Seminar, May 21, 1998); “Product Liability-Comparison with Foreign Jurisdictions” (Client Seminar, Chicago, June 2, 1998); “U.S. Litigation-What Will Happen if Your Company is Sued in the U.S.” (Swiss-American Chamber of Commerce, Zurich, April 20, 1999); “Arbitration Proceedings, Mediation, Alternative Dispute Resolution” (Client Seminar, Düsseldorf, September 3, 1999); “U.S. Product Liability – The Risks a Foreign Manufacturer Faces when Marketing Products in the United States” (Foreign Trade Commissioners Seminar, Chicago, January 18, 2001); “Protecting Against U.S. Class Actions” (Client Seminar, Warsaw, April 11, 2002); “U.S. Litigation Risks-Product Liability and Procedural Law” (Client Seminar, Chicago, October 7, 2002); “Cross Border Jurisdictional and Discovery Issues” (Client Seminar, Chicago, October 7, 2002); “Global Litigation” (Client Seminar, Chicago, October 9, 2002); “The Globalization of U.S. Litigation” (Firm Symposium, Denver, May 17. 2003); “U.S. Product Liability Exposure of German Automotive Equipment Manufacturers after the TREAD Act” (Client Seminar, Frankfurt, June 13, 2003); “The Alien Tort Claims Act (“ATCA”) and its Impact on German Companies”) (General Counsel Symposium, Düsseldorf, June 26, 2003); “U.S. Approaches to Discovery in Taking Evidence” (Client Seminar on “Overcoming Challenges to Effective International Arbitration”, New York, October 14, 2003); “Litigation Against Swedish Companies in U.S. Courts” (Client Seminar, Stockholm, February 2, 2004); “Litigation Against Dutch Companies in U.S. Courts” (Client Seminar, Amsterdam, February 3, 2004)
Publications: Some of Mr. Franklin’s publications include: “Scienter and Securities and Exchange Commission Rule 10b-5 Injunctive Actions: A Reappraisal in Light of Hochfelder,” 51 New York University Law Review 769 (with Robert L. Berner, Jr.); “Business Transactions in Germany” (Matthew Bender) (contributor); “American Civil Proceedings” (1997); “United States Product Liability Law” (1998) (with Peter J. Mone, Michael J. Wagner and Robert B. Davidson); “Product Liability in North America” (2003) (with Peter J. Mone, David G. Wix, Erin McCloskey Maus, James Holloway and Stephanie Vaccari); “Discovery and Production of Evidence” in “International Arbitration Checklists” (2003) (Lawrence W. Newman and Grant Hanessian, Editors)
Areas of Expertise: Extensive experience in business and commercial litigation of all kinds, including contract litigation, distributor, dealer and franchise litigation, Uniform Commercial Code litigation, corporate litigation (including class action and derivative suits), product liability and toxic tort litigation (including mass tort class actions) banking litigation, securities and antitrust litigation and creditor’s rights litigation.
Additional Resource:  Web Site