For over 25 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. His numerous articles on franchise issues have appeared in such publications as The Franchise Lawyer, Franchise Legal Digest, Of Interest, and the Franchise Law Journal.

Mr. Heller was a founding member of the Steering Committee of the Litigation and Dispute Resolution Division of the ABA 's Forum on Franchising. In this connection, 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.

Mr. Heller is listed in An International Who's Who of Franchise Lawyers and has been selected as one of the top 100 Franchise Legal Eagles by Franchise Times in 2004, 2006, 2007, 2008 and 2009. He has been listed in Who's Who Legal: The International Who's Who of Business Lawyers each year since 2002 and is listed in the 2007, 2008 and 2009 Best Lawyers in America. He has been named both a Virginia Super Lawyer and a Washington, DC Super Lawyer.

Admissions

• District of Columbia
• Virginia
• United States Supreme Court
• United States Court of Appeals for the Ninth Circuit
• United States District Court for the District of Colorado
• United States District Court for the District of Columbia
• United States Court of Appeals for the District of Columbia Circuit
• United States District Court for the District of Maryland
• United States District Court for the Western District of Wisconsin
• United States District Court for the Eastern District of Wisconsin

Memberships

• American Bar Association
• District of Columbia Bar Association
• Co-chair, 1998 ABA Forum on Franchising Mid-Year Program on Mergers and Acquisitions in Franchising
  

Publications

• "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)
• “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-Speaker, "Full Steam Ahead: Tips and Traps in Drafting and Enforcing Boilerplate Clauses," International Franchise Association's 42nd Annual Legal Symposium (May 2009)
• Co-Speaker, "The Highly Successful Franchisor," 18th Annual International Franchise Expo (March 2009)
• Co-Speaker, "The Highly Successful Franchisor," 17th Annual International Franchise Expo (April 2008)
• Speaker, "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)
• Speaker, "What Are the Legal Standards that Govern the Franchise Relationship?," International Franchise Association's 32nd Annual Legal Symposium (May 23, 1999)
• Speaker, "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
• Speaker, "Litigation and Dispute Resolution Division Mini-Program - Lights! Camera! Action! Focus on Dispute Resolution Alternatives," American Bar Association Forum on Franchising (October 1994)

Clerk Information

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