Zac Foster

Navigating companies through high-stakes, complex commercial disputes

Zac Foster assists with complex commercial litigation for a variety of clients in industries such as:

• Franchise and distribution
• Network marketing and direct selling
• Beverage manufacturing
• Medical benefits
• Financial services

While he is a skilled tactician and tenacious advocate, Zac’s strength as a litigator stems from his ability to quickly and efficiently master the nuances of a client’s business and factual issues in dispute. Never a reactive litigator, Zac’s overriding goal is to position clients for early and cost-efficient success. When matters proceed deeper into litigation, Zac leverages his strategic prowess to lead substantial litigation teams and ensure absolute lockstep between client goals and external litigation efforts. Zac’s deep knowledge of his client’s business objectives and industry pressures allows him to cut through the unproductive noise and craft practical, business-oriented litigation strategies that advance a client’s core objectives.

Zac is co-chair of the firm’s Class Action Defense team.

• Represents franchisors in contract disputes, enforcement of noncompetition agreements and restrictive covenants, and actions to protect intellectual property and confidential information.
• Defends clients against high-stakes class action and multidistrict litigation, including claims arising under RICO, the Magnuson–Moss Warranty Act, TCPA, FDCPA, FCCPA and various state deceptive and unfair trade practices acts.
• Proactively crafts client policies, procedures and best practices aimed at minimizing future litigation risk.

• Obtained dismissal of putative class action aiding and abetting fraud and conspiracy claims in multidistrict litigation against a consulting firm.
• Obtained dismissal of putative class action RICO, conspiracy and state law consumer protection claims against network marketing entrepreneurs.
• Obtained dismissal of a putative class action TCPA telemarketing claims alleged against telemedicine company.
• Obtained dismissal with prejudice of former distributor’s breach of contract claims seeking enhanced contractual termination buyout payment.
• Obtained jurisdictional dismissal of breach of contract claims brought by foreign inventor against medical device manufacturer and successful defending dismissal on appeal.
• Defeated a motion for class certification in a proposed consumer class action alleging violations of state and federal debt collection statutes against a mortgage servicer.
• Obtained judgment following trial on behalf of a franchisor for tortious interference and trade secret misappropriation claims brought against a third party that misappropriated a franchise location.