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Barry M. Heller

Barry M. Heller

Partner
Reston
About

Barry Heller is one of the firm's most experienced franchise litigation partners. He has helped clients threatened with legal action to avoid it and those involved in legal action to win it.

For over 40 years, Barry's practice has consisted almost exclusively of representing clients in franchise and distribution disputes throughout the country and internationally -- in litigation, arbitration and mediation.

Much of Barry's practice has focused on franchise termination matters, as well as on more complex franchise cases involving issues affecting the entire franchise system. He has handled cases involving, among other issues, termination, transfers, rights of first refusal, implied covenant of good faith and fair dealing, alternative distribution channels, covenants against competition, trademark infringement, product sourcing and approval, advertising funds, acquisitions of other systems, antitrust and unfair competition. Barry has been involved in both domestic and international franchise matters. He has represented franchisors in actions involving individual franchisees, franchise associations, class actions, group actions, the Federal Trade Commission and suppliers.

Areas of FocusHealthcareReal EstateFranchiseIntellectual PropertyLitigation, Arbitration and Investigations
Bar admissionsDistrict of ColumbiaVirginia
CourtsSupreme Court of the United StatesUnited States Court of Appeals for the District of Columbia CircuitUnited States Court of Appeals for the Ninth CircuitUnited States District Court for the District of ColumbiaUnited States District Court for the Eastern District of VirginiaUnited States District Court for the Western District of WisconsinUnited States District Court for the Eastern District of WisconsinDistrict of Columbia Court of AppealsSupreme Court of Virginia
Education
  • J.D., Georgetown University Law Center 1977
    Managing Editor, American Criminal Law Review (1976 – 1977)
    Taught Legal Writing and Research Seminar (1975 – 1976)
  • B.A., New York University 1974
    Phi Beta Kappa
    Justinian Honor Society
    summa cum laude (in three years)

Awards

Chambers USA

  • Band 4, Nationwide Franchising (2016-2024)
Additional Awards
  • Named an Acritas Star (2019-2021)
  • Listed in Who's Who Legal: The International Who's Who of Business Lawyers (2002-Present)
  • Listed in The Best Lawyers in America® for Franchise Law (2006-2025)
  • Named a Virginia Super Lawyer (2006-Present)
  • Named a Washington, DC Super Lawyer (2007-Present)
  • Selected as one of the top 100 Franchise Legal Eagles by Franchise Times (2004, 2006-Present)
  • Named Best Lawyers® Lawyer of the Year for Franchise Law in the DC/VA area (2018)

Barry "is known for his representation of franchisors in disputes involving unfair competition, trademark matters and franchise terminations, among others. He is also considered to be an expert in alternative dispute resolution and mediation." Clients have said he "is a 'very thorough and hard-working litigator' who is 'very careful and prepares very well for everything.'" One client commented that Barry is "outstanding in preparation, responsiveness and performance both in and outside of the courtroom." Clients further describe Barry as "always available," "very solid, and very easy-going and gives clear guidance," and "has a keen understanding of our business and knows franchise law in and out."

Insight Overview

Barry has authored and lectured on franchise litigation issues, including conducting Legal Roundtable seminars in different cities for the International Franchise Association on franchise litigation matters. He was co-author of a manual entitled Franchise Litigation Claims of the Litigation Section of the District of Columbia Bar Association, for whom he conducted a seminar on the subject. Barry's numerous articles on franchise issues have appeared in such publications as The Franchise Lawyer, Franchise Legal Digest, Of Interest and the Franchise Law Journal.

As 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 ABA conferences, including the ABA Annual Meeting. He was selected to lecture on franchise litigation in a seminar sponsored by the New Jersey Institute for Continuing Legal Education.

Bylines

  • "Employee and Independent Contractor Classification: Still the Top Legal Issue in Franchising," Intellectual Property and Technology News, March 30, 2021
  • Editor, "COVID-19: Key Questions Franchisors Are Asking," FranCast, COVID-19 Alert, April 6, 2020
  • Co-Author, "Top Franchise Developments of 2019," Intellectual Property and Technology News, March 30, 2020
  • Co-Author, "Top Franchise Developments of 2018," Intellectual Property and Technology News, April 11, 2019
  • Co-Author, "California Supreme Court Adopts Broad 'ABC' Test for Determining Employment Relationship," FranCast, May 11, 2018
  • Co-Author, "Top Franchise Cases of 2017," Intellectual Property and Technology News, March 30, 2018
  • "International Franchise Arbitration: Outside Counsel Perspective," International Arbitration: 21st Century Perspectives, October 2017
  • Co-Author, "Top Franchise Cases of 2016," Intellectual Property and Technology News, March 30, 2017
  • "NLRB Blues? How To Avoid Being Viewed as a Joint Employer," Franchise Update Magazine, June 22, 2016
  • Co-Author, "Top Franchise Decisions: Two Standouts From 2015," Intellectual Property and Technology News, March 29, 2016
  • Co-Author, "Important Decisions in 2014," The Licensing Journal, May 2015
  • "The Legal Issues When A Franchisor Operates Competing Systems," Inside Counsel, May 14, 2015
  • Co-Author, "Top Franchise Matters of 2014," Intellectual Property and Technology News, March 24, 2015
  • Editor, Antitrust Chapters "Must Seller Sell to Buyer" and "Must Seller Cease Selling to Buyer," Legal Aspects of Buying and Selling, published by Thomson Reuters (each year 2015-2019)
  • "FDA’s New Menu Labeling and Vending Machine Requirements: 10 Key Answers for Food Businesses," FranCast, December 2, 2014
  • Co-Author, "Top Franchise Cases of 2013," Intellectual Property and Technology News, March 26, 2014
  • Robocalls: vicarious liability of franchisors under the TCPA," FranCast, (August 19, 2013)
  • Co-Author, "Top Franchise Cases of 2012," Intellectual Property and Technology News, March 7, 2013   
  • Co-Author, "Top Franchise Cases of 2011," Intellectual Property and Technology News, March 30, 2012
  • "New Law Requires Calorie Content Postings on Menus and Menu Boards," DLA Piper Health Care Reform Alert (April 7, 2010)
  • "Resolution of Franchise Disputes," chapter in ICFE Study Guide for Franchise Executives (2007)
  • "No Tortious Interference Found Where Franchisor Withholds Consent To Transfer," FranCast (May 23, 2006)
  • "Who Determines the Enforceability of an Agreement Containing an Arbitration Clause?," FranCast (April 17, 2006)
  • "New Jersey Court Refuses to Apply Case Invalidating Forum Selection Clauses to Arbitration," FranCast (December 5, 2005)
  • "Supreme Court of California Invalidates Predispute Agreements to Waive Jury Trials," FranCast (October 11, 2005)
  • "Enforcing Non-Compete Provisions: A Recent Decision Raises the Risks Nationwide," FranCast (July 8, 2005)
  • "New York Decision on Intentional Interference Has Broad Implications For Franchising Networks," FranCast (December 8, 2004)
  • "California Decision Clarifies Franchise Termination Damages," FranCast (April 1, 2004)
  • "When Franchisee Counsel Goes Too Far," FranCast (September 22, 2003)
  • "The Implied Covenant of Good Faith and Fair Dealing Violated by Franchisors," FranCast (February 26, 2003)
  • "Unpredictability in the Courts," FranCast (January 30, 2003)
  • "Not So Fast…California Court Refuses to Enforce Forum Selection in Arbitration Clause," The Franchise Lawyer (Spring 2001)
  • "Interim Health Care: The 7th Circuit Applies The Implied Covenant," The Franchise Lawyer (Fall 2000)
  • "New Jersey Decision Holds That State Statute Does Not Apply to Subfranchising," Leader’s Franchising Business & Law Alert (February 2000)
  • "What Are the Legal Standards that Govern the Franchise Relationship?," International Franchise Association’s 32nd Annual Legal Symposium (May 23, 1999)
  • Co-Author, "Essentials of Dispute Resolution for Business Lawyers," American Bar Association Forum on Franchising, 21st Annual Forum on Franchising (October 28, 1998)
  • "Territorial Encroachment: The Burger King and Taco Bell Cases," Franchise Law Journal (Summer 1994)
  • "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)
  • "Defining a Franchise: The Community of Interest Element," Of Interest (March 1992)

Seminars

  • Co-Presenter, "Principles of Franchising," IFA's 61st Annual Convention, San Diego, California, February 26, 2022
  • Co-Presenter, "Principles of Franchising," IFA's 60th Annual Convention, Orlando, Florida, February 8, 2020
  • Presenter, "Understanding How Key Provisions of the Franchise Agreement Impact Your Business Decisions," IFE NYC, New York, New York, May 30, 2019
  • Co-Presenter, Top Franchise Cases of 2018 webinar, March 21, 2019
  • Co-Presenter, "Principles of Franchising," IFA's 59th Annual Convention, Las Vegas, Nevada, February 23, 2019
  • Co-Presenter, Top Franchise Cases of 2017 webinar, March 30, 2018
  • Co-Presenter, "Principles of Franchising," IFA's 58th Annual Convention, Phoenix, Arizona, February 9, 2018 
  • Co-Presenter, Top Franchise Cases of 2016 webinar, February 23, 2017
  • Co-Presenter, "Principles of Franchising," IFA's 57th Annual Convention, Las Vegas, Nevada, January 28, 2017
  • Moderator, "Vicarious Liability in Developing Areas: Damned If You Do and Damned If You Don't!," Miami Beach, Florida, November 3, 2016
  • Co-Presenter, Top Franchise Cases 2015 webinar, March 23, 2016
  • Co-Presenter, ''Principles of Franchising,'' IFA's 56th Annual Convention, San Antonio, Texas, February 19, 2016
  • Co-Presenter, Top Franchise Cases of 2014 webinar, March 24, 2015
  • Co-Presenter, "Principles of Franchising," IFA’s 55th Annual Convention, Las Vegas, Nevada, February 14, 2015
  • Co-Presenter, "The Best of the Forum on Franchising: The 7 Most Significant Franchise Cases of All Time," ABA Forum on Franchising, February 4, 2015
  • Presenter, "Striving for a litigation proof franchise system," Best Ideas and Leadership Summit, August 8, 2014
  • Co-Presenter, Top Franchise Cases of 2013 webinar, March 19, 2014
  • Co-Presenter, "Principles of Franchising," IFA’s 54th Annual Convention, New Orleans, Louisiana, February 21, 2014
  • Co-Presenter, "Economics and Policy of Franchising," Georgetown University's McDonough School of Business, November 8, 2013
  • Co-Presenter, "Principles of Franchise Management," IFA Annual Convention, Las Vegas, Nevada, February 17-20, 2013
  • Co-Presenter, Top Franchise Cases of 2012 webinar, February 28, 2013
  • Co-Presenter, "The Highly Successful Franchisor," International Franchise Expo, June 16, 2012
  • Co-Presenter, "Getting Your Franchise Rocket Ready to Launch," FranConnection 2012, National Harbor, Maryland, May 2012
  • Co-Presenter, "The Top 11 Cases in 2011," DLA Piper Webinar, January 19, 2012
  • Co-Presenter, "The Highly Successful Franchisor," International Franchise Expo, April 2, 2011
  • Co-Presenter, "Franchisees, Employees and Independent Contractors: Staying on the Right Side of the Law," IFA's 51st Annual Convention, February 14, 2011
  • Co-Presenter, "The Top 10 Cases in 2010," DLA Piper Webinar (January 27, 2011)
  • Co-Presenter, "Top 10 Ways for Franchisors to Avoid Litigation (or Prepare the Best Defense)," DLA Piper Webinar, October 7, 2010
  • Co-Presenter, "The Highly Successful Franchisor," International Franchise Expo, April 10, 2010
  • Co-Presenter, "Mediation, Arbitration and Alternative Dispute Resolution: Best Practices and Strategies," 50th Annual International Franchise Association Convention, San Antonio, Texas, February 8, 2010
  • Co-Presenter, "The Top 9 Cases in 2009," DLA Piper Webinar, January 19, 2010
  • Co-Presenter, "Full Steam Ahead: Tips and Traps in Drafting and Enforcing Boilerplate Clauses," International Franchise Association's 42nd Annual Legal Symposium (May 2009)
  • Co-Presenter, "The Highly Successful Franchisor," 18th Annual International Franchise Expo, March 2009
  • Co-Presenter, "The Highly Successful Franchisor," 17th Annual International Franchise Expo, April 2008
  • Co-Presenter, "Representing Franchisees and Franchisors in Multi-Franchisee Disputes," International Franchise Association's 36th Annual Legal Symposium, May 2004
  • Speaker, "The Implied Covenant of Good Faith and Fair Dealing: The US Perspective," Canadian Bar Association - Ontario, November 22, 2000
  • Co-Presenter, "What Are the Legal Standards that Govern the Franchise Relationship?," International Franchise Association's 32nd Annual Legal Symposium, May 23, 1999
  • Co-Presenter, "Essentials of Dispute Resolution for Business Lawyers," American Bar Association Forum on Franchising, 21st Annual Forum on Franchising, October 28, 1998
  • Co-chair, 1998 ABA Forum on Franchising Mid-Year Program on Mergers and Acquisitions in Franchising
  • Co-Presenter, "Litigation and Dispute Resolution Division Mini-Program - Lights! Camera! Action! Focus on Dispute Resolution Alternatives," American Bar Association Forum on Franchising, October 1994

Media Mentions

Media Mentions

Clerk Experience

  • Law Clerk to the Honorable Charles R. Richey, US District Court, District of Columbia (1977 – 1979)
  • Law Clerk to The Presidential Clemency Board, The White House (1975)

Additional Accomplishments

Barry has been honored with a CFE designation after completing the training program from the educational arm of the International Franchise Association, the Institute of Certified Franchise Executives.

Memberships And Affiliations

  • American Bar Association
  • District of Columbia Bar Association
  • Former Director, Founding Member of the Steering Committee, Litigation and Dispute Resolution Division, ABA's Forum on Franchising

My latest insights

Publication

FTC issues significant guidance for franchisors

24 July 2024 .6 minute read

Publication

California implements disclosure requirements in response to California Fast Food Act

12 April 2024 .4 minute read

Publication

Reversing course, NLRB reinstitutes a more expansive “joint employer” standard

1 November 2023 .8 minute read

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Connect

Phone

+1 703 773 4245
(Work)
+1 703 773 5056
(Fax)
+1 301 237 3738
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