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Franchise Litigation - Getting Your Ducks in a Row!

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Franchise Today

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The Fourth Annual Franchise Legal Series continues this week on Franchise Today. In this fourth of eight segments, host, Paul Segreto welcomes as his guest, Barry Heller, Partner at DLA Piper. Paul and Barry discuss the many aspects of franchise litigation including hot litigation issues and non-franchise litigation claims facing franchisors today. They also discuss dispute resolutions including options to consider when drafting the franchise agreement - Is arbitration or mediation best or most practical for the brand? The discussion also includes suggestions on how to avoid litigation.

About Our Guest

For almost 30 years, Barry Heller's practice has consisted almost exclusively of representing clients in franchise and distribution disputes throughout the country, both in litigation and arbitration. Much of his 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, franchisee associations, and unfair competition.
Mr. Heller is the former director of the Litigation and Dispute Resolution Division of the ABA Forum on Franchising. He 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.

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