Kyle Orne is a talented commercial litigator whose practice focuses on protecting brands and resolving complex commercial disputes for a wide range of clients across a variety of industries, including franchise, licensing, technology, and real property, in the courts and in arbitration.
Kyle has particular experience representing franchisors, licensors, and manufacturers to protect their brands from infringement and misuse, by obtaining necessary injunctive relief, and defending and bringing cases in arbitration and courts across the country against franchisees, licensees, and former business partners. He has also had great success litigating commercial real estate disputes in the courts, including complete verdicts on both the plaintiff and defense side.
Kyle takes a business-focused approach to litigating and resolving disputes by keeping the client’s business needs and goals at the forefront of all strategic decisions.
A selection of Kyle’s engagements include:
- Awarded seven figures in damages plus attorneys’ fees and costs following a week-long bench trial related to a commercial sublease transaction in Scottsdale, Arizona. JFQ Lending, LLC v. THR Property Management LP, Superior Court of Arizona, Maricopa County, Case No. CV2020-004477.
- Obtained a multi-country injunction for a public atrial fibrillation device manufacturer against its former Chinese distributor to stop the promotion and sale of a series of infringing devices, which was then upheld by the U.S. Court of Appeals for the Sixth Circuit. AtriCure, Inc. v. Meng et al., S.D. Ohio, Case No. 1:19-cv-00054-MRB.
- Represented an executive in a dispute with his former employer over ERISA benefits and obtained a preliminary injunctive to preserve millions of dollars in potential benefits owed to him. Molnar v. Midstate Mechanical, Inc. et al., D. Ariz, Case No. 2:21-cv-01819.
- Obtained a full defense verdict after a three-week jury trial on a multi-million dollar action resulting from a potential development in Avondale, Arizona. Winners Development, LLC v. City of Avondale, Superior Court of Arizona, Maricopa County, Case No. CV2012-008177.
- Obtained a full defense ruling after a two-week arbitration in a complex franchising dispute with respect to the multi-million dollar acquisition of a nationwide franchise brand.
- Represented a national spa franchisor in disputes with former franchisees in both arbitration and court to stop unlawful competition, successfully obtaining injunctive relief in each case.
- Counsel for global licensing brand to protect its brand, trademarks, trade dress, and related intellectual property from infringement.
- Counsel for national massage franchisor in courts and in arbitration to resolve disputes with current and former franchisees.
- Defended an international medical device manufacturer in a trade secret dispute with a former business partner in arbitration, obtaining summary adjudication of the principal claims, resulting in a favorable settlement.
- Counsel for a multi-state vacation rental property management company in disputes with owners and customers.
- Counsel for multi-level marketing companies and their top distributors during investigations by the Federal Trade Commission and states’ attorneys general.
- J.D., Arizona State University Sandra Day O’Connor College of Law, 2015
magna cum laude
Order of the Coif, Moot Court advocate
Associate Editor, Arizona State Law Journal
- B.A., Bradley University, 2012
Division I Soccer
summa cum laude
Missouri Valley conference Commissioner’s Academic Excellence Award
- SuperLawyers – Southwest Rising Stars (2023)
- Millennial to Watch in Commercial Real Estate – AZ Big Media (2019)
- Top Score on the Arizona State Bar Exam (2015)
- "It’s About Time: Modernizing the Federal Employers’ Liability Act of 1908," Arizona State Law Journal (Spring 2015)
- "Another Source for Discovery: Ethical and Legal Issues in Communication with Former Employees of an Adverse Employer," Illinois State Bar Association, Labor and Employment Law (October 2013)
Memberships And Affiliations
- American Bar Association
- American Bar Association Forum on Franchising
- Maricopa County Bar Association
- State Bar of Arizona