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About Mr. Barry Marshall Heller

Mr. Barry Marshall Heller is a lawyer practicing general practice, antitrust & trade law, commercial contracts and 9 other areas of law. Barry received a B.A. degree from New York University in 1974, and has been licensed for 49 years. Barry practices at DLA Piper in Reston, VA.

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Services

Areas of Law

  • General Practice
  • Real Estate
  • Health Care
  • Other 9
    • Antitrust & Trade Law
    • Commercial Contracts
    • Technology and Media
    • Litigation and Arbitration
    • Hospitality and Leisure
    • Franchise Litigation
    • Domain Name Practice
    • Class Action
    • Franchise and Distribution

Practice Details

  • Firm Information
    Position
    Partner
    Firm Name
    DLA Piper

Experience

  • Bar Admission & Memberships
    Admissions
    1977, District of Columbia
    1980, U.S. District Court, District of Columbia and U.S. Court of Appeals, District of Columbia Circuit
    1985, U.S. District Court, District of Maryland
    1995, U.S. Court of Appeals, Ninth Circuit
    1996, U.S. Supreme Court
    1997, U.S. District Court, Eastern District of Wisconsin
    1997, U.S. District Court, Western District of Wisconsin
    2004, Virginia
    2006, U.S. District Court, District of Colorado
    U.S. District Court, Eastern District of Virginia
    Bar Fellowship
    Legal Writing and Research Seminar, 1975-1976. Law Clerk to The Presidential Clemency Board, The White House, 1975. Law Clerk to Hon. Charles R. Richey, U.S. District Court, District of Columbia, 1977-1979. Co-Chair of 1998 ABA Forum on Franchising Mid-Year Program on Mergers and Acquisitions in Franchising. Co-Author of Franchise Litigation Claims for seminar for the Litigation Section of the District of Columbia Bar Association; Co-Author: "Sheraton Adds to the Uncertainty in the Encroachment Area," The Franchise Lawyer(Summer 1998); "Territorial Encroachment," Franchise Law Journal(Summer 1994); "Defining A Franchise: The 'Community of Interest' Element," Of Interest(March 1992). Contributor to the IFA Insider,a newsletter of the International Franchise Association. Invited to the United States Judicial Conference for the District of Columbia Circuit (1994). Speaker: "Litigation and Dispute Resolution Division Mini-Program: Lights! Camera! Action! Focus on Dispute Resolution Alternatives," American Bar Association Forum on Franchising (October 1994); "Essentials of Dispute Resolution for Business Lawyers," American Bar Association Forum on Franchising, 21st Annual Forum on Franchising (October 28, 1998); "What Are the Legal Standards that Govern the Franchise Relationship?" International Franchise Association's 32nd Annual Legal Symposium (May 23, 1999); "The Implied Covenant of Good Faith and Fair Dealing: The U.S. Prospective," Canadian Bar Association, Ontario (November 22, 2000); "Representing Franchisees and Franchisors in Multi-Franchisee Disputes," International Franchise Association's 36th Annual Legal Symposium (May 2004); "Defining a Franchise: The Community of Interest Element," Of Interest (March 1992); "New Jersey Court Puts Cap on 'HUB' Protection: Declares Extraterritorial Application of State Franchise Statute to Multi-State Franchisee Unconstitutional," Franchise Legal Digest (Fall 1993); "Territorial Encroachment: The Burger King and Taco Bell Cases," Franchise Law Journal (Summer 1994); "Essentials of Dispute Resolution for Business Lawyers," American Bar Association Forum on Franchising, 21st Annual Forum on Franchising (October 28, 1998); "What Are the Legal Standards that Govern the Franchise Relationship?," International Franchise Association's 32nd Annual Legal Symposium (May 23, 1999); "New Jersey Decision Holds That State Statute Does Not Apply to Subfranchising," Leader's Franchising Business & Law Alert (February 2000); "Interim Health Care: The 7th Circuit Applies The Implied Covenant," The Franchise Lawyer (Fall 2000); "Not So Fast: California Court Refuses to Enforce Forum Selection in Arbitration Clause," The Franchise Lawyer (Spring 2001); "Unpredictability in the Courts," FranCast (January 30, 2003); "The Implied Covenant of Good Faith and Fair Dealing Violated by Franchisors," FranCast (February 26, 2003); "When Franchisee Counsel Goes Too Far," FranCast (September 22, 2003); "California Decision Clarifies Franchise Termination Damages," FranCast (April 1, 2004); "New York Decision On Intentional Interference Has Broad Implications For Franchising Networks," FranCast (December 8, 2004); "Enforcing Non-Compete Provisions: A Recent Decision Raises the Risks Nationwide," FranCast (July 8, 2005); "Supreme Court of California Invalidates Predispute Agreements to Waive Jury Trials," FranCast (October 11, 2005); "New Jersey Court Refuses to Apply Case Invalidating Forum Selection Clauses to Arbitration," FranCast (December 5, 2005); "Who Determines the Enforceability of an Agreement Containing an Arbitration Clause?," FranCast (April 17, 2006); "No Tortious Interference Found Where Franchisor Withholds Consent To Transfer," FranCast (May 23, 2006). FranCasts were co-authored. Was selected to lecture on Franchise Litigation in a seminar sponsored by the New Jersey Institute for Continuing Legal Education. Listed in An International Who's Who of Franchise Lawyers and was selected as one of the top Franchise Legal Eagles by Franchise Times in 2004, 2006 and 2007. Was listed in the 2002, 2003, 2004, 2005, 2006, 2007 and 2008 Who's Who Legal: The International Who's Who of Business Lawyers. Was selected as a State of Virginia "Superlawyer" in 2006, 2007 and 2008. Listed in the 2007 Best Lawyers in America. Former Member of Steering Committee, and Former Director, Litigation and Alternative Dispute Resolution Division, ABA Forum on Franchising. Member: The District of Columbia Bar; American Bar Association (Member, Forum on Franchising, Litigation and Antitrust Sections).
  • Education & Certifications
    Law School
    Georgetown University Law Center
    Class of 1977
    J.D.
    Other Education
    New York University
    Class of 1974
    B.A.
    summa cum laude
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