Parsons Behle & Latimer

Lewis Francis specializes in providing business and employment-based immigration solutions for a global marketplace. He is also talented at resolving complicated commercial disputes involving franchisors and franchisees, direct-selling (MLM) companies and distributors, trademarks, copyrights and unfair competition, whether in federal court, state court, or arbitration. To that end, he has successfully enforced arbitration provisions of every type in various venues across the country and on appeal.

Capabilities

Biography

Licensed in both Utah and California, Lewis Francis has more than 25 years of experience in litigating, arbitrating and mediating disputes involving franchise and distributor agreements, arbitration clauses, trademarks, copyrights, unfair competition and land use decisions in various state and federal jurisdictions across the United States. He also regularly pursues and opposes both preliminary injunctions and permanent relief.

Mr. Francis is also well versed in obtaining the necessary business immigration visas for specialized temporary employees, such as those qualifying for H-1B, E-3, TN, O-1 or L-1A and L-1Bs. He also has considerable experience in securing U.S. permanent residency (green card applications) for immigrant workers, including through PERM Labor Certification in the EB-2 and EB-3 classifications as well direct applications in the EB-1, Multinational Executive/Manager and National Interest Waiver categories. Mr. Francis regularly represents companies in the banking, financial services, aquaculture, natural resources, information technology and software development industries in their applications to the U.S. Citizenship and Immigration Services, Department of State and Border Control.

Experience

Jonathan Hillbery v. Nu Skin Enterprises United States, Inc.

After moving to compel arbitration of distributor’s federal court claims against Nu Skin, we successfully litigated every imaginable issue regarding the enforceability and scope of the arbitration agreement. The U.S. District Court Utah ordered the issues to be determined by an arbitrator, and later appointed an arbitrator after the parties could not agree on one. Then, the parties had a two-day arbitration on arbitrability, through which Nu Skin demonstrated that the distributor’s claims were in fact arbitrable.

Real Property Management v. Randall Averitte

Helped Franchisor enforce post-termination obligations of Franchise Agreement against non-renewing franchisee by obtaining a Preliminary Injunction. Court ordered cessation of competing business, all associated trademarks, and any use of franchise client information.

Apex Energy Solutions v. Apex Energy Group, LLC

Represented franchisee in obtaining Temporary Restraining Order against franchisor's attempts to terminate business. Used leverage to obtain settlement with franchisor.

Accomplishments

Academic

S.J. Quinney College of Law, University of Utah, Salt Lake City, Utah, J.D.

Order of the Coif, 1993

Utah Law Review

University of Utah, Salt Lake City, Utah, B.S., magna cum laude, Economics & Spanish, 1986

Instituto de Estudios Europeos, Madrid, Spain 1985

Professional

Clerkship, Honorable Gregory K. Orme, Utah Court of Appeals, 1994-1995

Commercial Panel AAA Arbitrator

Associations

Professional

American Immigration Lawyers Association

International Franchise Association

ABA Franchise Forum

Utah State Bar Franchise Section

Community

Board Member/Chairperson, Spy Hop Youth Media Organization; 2006 - 2019

Board Member of Preservation Utah (formerly Utah Heritage Foundation): 2008 to 2016

Chair of Salt Lake Modern- Mid-Century Modern Preservation Group: 2013 to 2016

Insights

Employment Law Update, January 9, 2025

Business Immigration Nuts and Bolts

Employment Law Update, February 15, 2024

Employment Law Update, October 26, 2023

Articles

Employment Law Update, January 9, 2025

Employment Law Update, February 15, 2024

Employment Law Update, October 26, 2023

Employment Law Update, May 31, 2023

2023 H-1B Visa Lottery Registration Starts March 1

USCIS Proposes Substantial Fee Increases for Employment-Based Immigration Applications and Will Impose an Unrelated Asylum Application Tax on Employers

I.C.E. Recognizes Continued Need for Remote I-9 Compliance Review; U.S.C.I.S. Permanently Relaxes Original Signature Requirements

Presentations

Business Immigration Nuts and Bolts

Credentials

Licensed

Utah

California

U.S. Dist. Court, Dist. of Utah

U.S. Dist. Court, Northern Dist. of California

U.S. Dist. Court, Southern Dist. of California

U.S. Dist. Court, Central Dist. of California

U.S. Court of Appeals, 9th Circuit

U.S. Court of Appeals, 10th Circuit

U.S. District Court of Appeals, 11th Circuit

U.S. Supreme Court

Education

University of Utah, S.J. Quinney College of Law