Profile: Barry M Heller

Franchise

Biography: Franchise

Barry M Heller is a partner in the franchise litigation group of DLA Piper US. For more than 24 years, his practice has consisted almost exclusively of representing clients in franchise and distribution disputes throughout the country, in both litigation and arbitration. Much of his practice has focused on franchise termination matters, as well as on more complex franchise cases involving, among other issues, termination, transfers, rights of first refusal, implied covenants against competition, trademark infringement, product sourcing, franchisee associations and unfair competition.

He received his BA, summa cum laude, Phi Beta Kappa from New York University in 1974 and his law degree from Georgetown University Law Center in 1977. Mr Heller is a former law clerk to the Honourable Charles R Richey, United States district court for the District of Columbia.

Mr Heller is the former director of the litigation and dispute resolution division of the ABA forum of franchising. He has authored and lectured on franchise litigation issues, including conducting legal roundtables seminars in different cities for the International Franchise Association on dispute resolution and enforcement matters. Mr Heller was a co-chair of the ABA franchise forum's 1998 mid-year programme entitled "Joining Forces: Successful Strategies for Making Purchases and Sales of Franchise Companies Work for Everyone". He was co-author of a manual entitled Franchise Litigation Claims for the litigation section of the District of Columbia bar association, for which he also conducted a seminar on the subject. Mr Heller has authored articles on franchise issues including: "Sheraton Adds to the Uncertainty in the Encroachment Area", the Franchise Lawyer (summer 1998) (co-author); "New Jersey Court Puts Cap on "Hub" Protection; Declares Extraterritorial Application of State Franchise Statute to Multi-State Franchisee Unconstitutional", Franchise Legal Digest (autumn 1993); "Defining A Franchise: The 'Community of Interest' Element'," Of Interest (March 1992); and "Territorial Encroachment", Franchise Law Journal (summer 1994) (co-author).

He was a founding member of the steering committee of the litigation and dispute resolution division of the ABA's forum on franchising. He has participated in presentations concerning franchise litigation and dispute resolution at IFA and ABA conferences, including recently speaking at the ABA forum on the enforceability of arbitration clauses in franchise agreements. Mr Heller was selected to lecture on franchise litigation from the franchiser's perspective in a seminar sponsored by the New Jersey Institute for Continuing Legal Education.

Mr Heller was selected as one of the top 100 Franchise Legal Eagles by Franchise Times in 2004, 2006 and 2007. He has been listed in the International Who's Who of Business Lawyers from 2002-2007; and listed in the 2007 and 2008 Best Lawyers in America.

DLA Piper is one of the largest law firms in the world, with more than 3,400 lawyers in 64 offices in 25 countries. The firm is a national and international leader in franchise and distribution law, with clients ranging from entrepreneurs and start-up companies to the world's largest franchisers and manufacturers.

DLA Piper is positioned to help companies with their legal needs anywhere in the world. We are a full-service legal organisation whose principal practices include commercial contracts; corporate; employment, pensions and benefits; finance and restructuring; franchise and distribution; intellectual property; litigation and arbitration; projects and infrastructure; real estate; regulatory and government affairs; tax; and technology and media.

Our unmatched global presence enables us to meet the ongoing needs of our clients in the world's key economic, technology and governmental centres, including London, New York, Hong Kong, Los Angeles, Frankfurt, Moscow, Tokyo, Shanghai, Chicago, Singapore, Brussels, Beijing, and Washington, DC.

In the US, DLA Piper has 1,500 lawyers and offices in 23 cities, including top business and technology markets across the country, from Baltimore and Boston to Silicon Valley and San Diego. We are also located in strategic markets such as Atlanta, Austin, Dallas, Northern Virginia, Philadelphia, Raleigh, Sacramento, Seattle and Tampa.