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Brian T. McElfatrick

Shareholder, Executive Committee Member, Practice Group Leader
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1801 North Highland Ave
Tampa, Florida 33602
T: 813.204.6431
F: 813.223.9620

Mr. McElfatrick is an experienced trial and appellate attorney. Mr. McElfatrick’s practice includes the representation of corporations and individuals in a variety of business-related matters in state and federal courts, as well as through other forms of dispute resolution including arbitration and mediation. A significant portion of Mr. McElfatrick’s practice is devoted to legal issues involving the franchise industry.  Mr. McElfatrick has representing some of the nation’s largest and most recognized franchisors, in a broad range of issues that are inherent in the franchise industry including standards enforcement, defaults and terminations, transfers and renewals, restrictive covenants, and trademark infringement.

In connection with his franchise law practice, Mr. McElfatrick is a member of the American Bar Association’s Forum on Franchising.  Mr. McElfatrick has also been an active participant and contributor at the International Franchise Association’s Annual Legal Symposium.   In May of 2008, Mr. McElfatrick spoke on the topic of "Frequently Arising Issues in Litigation" at the International Franchise Association's 41st Annual Legal Symposium in Washington D.C. In 2009 and 2011, Mr. McElfatrick served as a facilitator for a roundtable discussions at the International Franchise Association Legal Symposium on the topics of "Notices of Default and Termination: How to Enforce Franchisee Exit From the System"  and “The Importance of Enforcing Post-Termination Rights in a Down Economy”.

In addition to his franchise law practice, Mr. McElfatrick also handles a broad range of general commercial litigation matters including contract disputes, complex construction disputes, professional malpractice claims (defending attorneys, architects and engineers), commercial collections, employment litigation, landlord-tenant disputes, legal issues pertaining to private schools and defending businesses from claims under Title III of the Americans with Disability Act.

Professional & Community Affiliations

American Bar Association, Forum on Franchising

International Franchise Association

Florida Bar Grievance Committee for the Thirteenth Judicial Circuit (2009-2012), Past Chair

Hillsborough County Bar Association

Tampa Connection, Class of 2006

Honors & Recognitions

Recognized in Best Lawyers in America® since 2019
   • Commercial Litigation
   • Litigation - Construction

Recognized as Florida's "Legal Elite" by Florida Trend magazine (2009, 2011, 2012)

Recognized as Florida’s “Up and Coming Legal Elite” by Florida Trend Magazine (2007)

Recognized as a "Super Lawyer" by Florida Super Lawyers Magazine (2023, 2024)

Recognized as a "Rising Star" by Florida Super Lawyers magazine (2009, 2011, 2012)

Personal

Mr. McElfatrick was born and raised in Denver, Colorado.

Education

Indiana University, J.D., cum laude, 1998

Bates College, B.A., 1994

Bar and Court Admissions

Florida

United States District Court for the Northern District of Florida

United States District Court for the Middle District of Florida

United States District Court for the Southern District of Florida