Barry Heller Partner - DLA Piper US LLP
For over 30 years, Barry's practice has consisted almost exclusively of representing clients in franchise and distribution disputes throughout the country, both 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.
Presenting in the following seminars/workshops:
Thursday, October 1, 2020
1:30 PM - 2:30 PM Understanding How Key Provisions of the Franchise Agreement Impact Your Business Decisions
Presented by: Barry Heller, Partner, DLA Piper US LLP
Unlike many non-franchise arrangements, the provisions of the Franchise Agreement have a substantial impact on the business decisions that a franchisor must make and the resulting impact on the business of a franchisee. For example, the provision governing exclusivity will determine what the franchisor can and cannot do, both within the territory and beyond it; what other types of businesses the franchisor can operate; etc. The provisions relating to the operations manual (and other clauses) will affect what changes can be made in the system to which franchisees must comply. Provisions regarding pricing will determine what influence/control the franchisor may have with respect to the pricing at the retail level. The royalty provisions (along with the FDD) will affect what payments the franchisor can require be made by the franchisee. All of these provisions will thus have a direct impact on the business operations of the franchisee. Other franchise agreement provisions will be discussed as to the business decisions they impact -- both for the franchisor and the franchisee.