J. Manly Parks
- Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
Phone: +1 215 979 1342
Fax: +1 215 689 3682
An experienced commercial litigator, trial attorney and appellate advocate, Mr. Parks has handled numerous class action and multi-party matters on behalf of clients in a variety of industries including motor vehicle distribution, banking and finance, real estate and insurance.
A member of the firm's Antitrust and Competition Group, Mr. Parks represents and counsels manufacturers, distributors, dealers, franchisors, franchisees, financial institutions, healthcare providers, joint ventures and trade associations in matters involving all aspects of the antitrust laws, including government investigations and private claims of price fixing, dealer/distributor termination, group boycotts, tying (including tying claims under the Bank Holding Company Act), competitor collaboration, monopolization and attempted monopolization, and price discrimination.
Mr. Parks' experience in the area of franchise and distribution law includes prosecuting and defending against commercial contract, business tort and intellectual property claims, including dealer/distributor termination, tortious interference with contract, unfair trade practices, copyright and trademark violations, breach of contract and breach of the implied covenant of good faith and fair dealing. Mr. Parks also serves as chairman of the firm's Dealer Services Group, representing automobile, truck and equipment distributors and dealers in a wide range of legal matters, including contract and business negotiations, regulatory and compliance matters, buy-sell agreements, and the litigation and mediation of commercial disputes.
Mr. Parks is also a member of the firm's Intellectual Property Litigation Division and has handled a number of cases involving claims of copyright and trademark infringement and misappropriation of trade secrets. Mr. Parks' copyright litigation experience includes matters involving website photographs, consumer goods, computer software, large product databases, popular music and materials associated with food service franchises. His trademark experience includes matters involving truck bodies, restaurants, franchises and medical equipment.
Mr. Parks currently serves as Solicitor of the Delaware County Democratic Party and has advised a number of campaigns on election law-related issues. A former township commissioner in Nether Providence Township, Delaware County, Pennsylvania, he served as chief outside counsel to the Sestak for Senate campaign. During the 2010 primary and general election cycles, he successfully represented Mr. Sestak in two nomination petition challenges in the Pennsylvania Commonwealth Court. Mr. Parks also served as lead counsel in Delaware County, Pennsylvania, for President Obama and as a member of the Obama Campaign's Election Protection Statewide Steering Committee for Pennsylvania in the 2012 Presidential election. He served as County Counsel in Delaware County for Obama for America in the 2008 primary and general elections and has coordinated election day voter protection efforts on behalf of the Delaware County Democratic Party, U.S. Congressman Joseph A. Sestak, Jr., President Obama, and several local elected officials. In connection with his duties as Solicitor of the Delaware County Democratic Party, Mr. Parks represented several of the objectors challenging the proposed Pennsylvania Legislative Reapportionment Plan that was overturned by the Pennsylvania Supreme Court on Constitutional grounds.
Since 2005 Mr. Parks has been a member of the faculty of the annual comparative law academy presented by Multilaw, an association of law firms from over 50 nations around the globe. He has served as chancellor of the Multilaw Academy since 2007. He also serves as the chairman of Multilaw's Global Litigation Practice Group.
He is a former judicial clerk to the Honorable Donald W. VanArtsdalen of the United States District Court for the Eastern District of Pennsylvania and is admitted to practice in Pennsylvania, New York and Maryland. In 2005 he was one of only 35 attorneys across Pennsylvania named a "Lawyer on the Fast Track" by the publisher of The Legal Intelligencer. He was also identified as a "Rising Star" in antitrust law in 2005, 2006 and 2007 by Philadelphia Magazine and was named a Pennsylvania Superlawyer in antitrust law in 2011, 2012, 2014 and 2015 by Philadelphia Magazine.
Mr. Parks is a 1994 graduate of the Marshall-Wythe School of Law of the College of William and Mary, where he served as senior professional articles editor of the William and Mary Law Review and was a member of the Order of the Coif. He is also a cum laude graduate of Colgate University and a graduate of Woodberry Forest School.
- In re Ductile Iron Pipe Fittings ("DIPF") Direct Purchaser Antitrust Litigation. Represent waterworks distributors in connection with price-fixing and exclusionary conduct claims against suppliers/manufacturers of pipe fittings.
- In re New Jersey Tax Sales Certificates Antitrust Litigation. Represent individuals and corporations in connection with tax sale bid rigging claims.
- RDK Truck Sales & Services, Inc. v. Mack Trucks, Inc. Represented heavy-duty truck dealer in case involving claims under Section 1 of the Sherman Antitrust Act and state unfair trade practices act.
- J.F. Energy v. Carlos R. Leffler, Inc. Defended energy company against claims of predatory pricing by competitor.
- Angelico v. Lehigh Valley Hospital, Inc., et al. Obtained jury verdict in favor of defendant hospital in antitrust action; verdict upheld on appeal to U.S. Court of Appeals for the Third Circuit.
- Eisenberg Bros. v. Benchmark. Defended plastic cutlery manufacturer in antitrust class action involving pricing of plastic cutlery.
- In re Plastic Additives Antitrust Litigation. Represented plastics manufacturer in antitrust class action involving pricing of plastic additives.
- In re Commercial Explosives Litigation. Defended explosives manufacturer in antitrust class action involving pricing of commercial explosives.
- Avangard Auto Finance v. Great American Insurance Company. Defense of class action against national insurance company involving payment of claims under collateral protection insurance policies.
- Adelphia Communications Corp., at al v. Bank of America, N.A. et al. Multiparty litigation arising out of commercial loan facilities involving aiding and abetting claims against major international commercial banks and investment banks.
- Baker v. Summit Bank. Class action litigation involving claims under Trust Indenture Act; obtained summary judgment ruling that was upheld on appeal to United States Court of Appeals for the Third Circuit.
- JJ White, Inc. v. The Graham Company. RICO litigation against commercial insurance brokerage regarding insurance premiums and rebates.
- Preferred Real Estate Investments v. Lucent Technologies, Inc. Litigation involving breach of contract to sell large commercial office campus.
- G.E. Logisticom v. Vistar. Breach of contract litigation regarding satellite-based asset tracking system.
- Norton-Griffiths v. Melanson. Litigation involving breach of covenant not to compete incident to the sale of equipment manufacturing business.
- Jackson-Hewitt, Inc. v. Barnes Enterprises. Litigation involving termination of several franchise agreements and claims of Lanham Act violations.
- Fujirebio Diagnostics, Inc. v. Pasteur-Sanofi. International ICC arbitration between parties to a cancer diagnostics manufacturing and distribution agreement.
- Trans American Brokerage v. Mrs. Smith's Bakeries. Commercial arbitration involving claims for breach of exclusive international distribution contract; secured $11.2 million arbitration award that was subsequently confirmed by federal district court.
- King of Prussia Equipment Corp. v. Power Curbers, Inc. Lead trial counsel in litigation pertaining to termination of distributor; secured defense verdict after bench trial, which was upheld on appeal to the U.S. Court of Appeals for the Third Circuit.
- Cohen v. Stratis. Franchise litigation and arbitration involving claims arising out of violation of exclusive geographic territory by franchisor.
- Dippold-Harmon v. Lowe's. Litigation involving claims of breach of contract and fraud between parties to a product and services-sourcing agreement.
- Parmalat v. Natural Dairy Products, Inc. Litigation involving accounting dispute between parties to an organic milk marketing and distribution venture.
- Duarte v. GNC. Class action franchise litigation involving breach of contract claims associated with pricing and discounting of products franchisor required franchisees to purchase.
- Dunhill Temporary Systems Irving v. Dunhill Staffing Systems, Commercial arbitration involving claims of overcharges by franchisor's captive workers’ compensation insurance company.
- Carvel Corp. v. Baker, et al. Lead trial counsel in franchise litigation involving claims that sale of products through alternate channel of distribution violated duty of good faith; obtained jury awards in favor of clients in all cases tried.
- Represented CIT, Inc. (d/b/a Chicago International Trucks), Mcgrenho L.L.C. (d/b/a Indy Truck Sales), Indiana Mack Leasing, LLC, and Idealease of Chicago, LLC in a $143 million truck dealership sale to Rush Enterprises, Inc., which operates the largest network of commercial vehicle dealerships in North America.
- Cumberland Truck Equipment Co., et al. v. Detroit Diesel Corp. Represented International and Volvo truck dealers in antitrust class action arising out of termination of dealerships and subsequent product price increases.
- Southland International of Louisiana LLC v. Navistar Inc. Represented heavy-duty truck dealer in dealership termination dispute with OEM.
- In re American Honda Dealer Relations Litigation. Represented group of auto dealers in RICO and common law MDL class action case involving claims related to allocation of vehicles and open points; class claims settled for in excess of $350 million.
- Rantoul v. RDK Truck Sales & Service, Inc. Represented independent heavy truck and body dealer in accounting dispute between parties to a marketing venture.
- Wiegand Mack Sales & Service, Inc. v. Mack Trucks, Inc. Represented heavy-duty truck dealer in antitrust and state motor vehicle dealer law case regarding allegations of discriminatory pricing and treatment as well as improper warranty reimbursement.
- Vineland Mitsubishi v. Mitsubishi Motors. Represented auto dealer in RICO and state motor vehicle dealer law case involving claims relating to opening and operation of dealership.
- American Eagle Outfitters, Inc. v. Lyle & Scott, Limited. Represented international clothier in dispute arising out of trademark coexistence agreement.
- Cold Stone Creamery, Inc. v. Pin Knox, Inc. Represented national ice cream franchisor in trademark and copyright infringement litigation against terminated franchisee.
- Woodlark Circle, Inc. v. Stryker Corp. Represented trademark holder pursuing claims trademark infringement relating to medical specialty products.
- Eggspectations Restaurants, LLC v. Hinkle-Albert Enterprises, Inc. Represented defendant/counterclaim plaintiff in copyright and trademark dispute regarding a chain of specialty restaurants.
- Toledo Mack Sales & Services Inc v. Mack Trucks, Inc. Defended truck dealer against claims for copyright violation and theft of trade secrets related to an information database.
- Kalan v. Woolworths. Defended large retailer in copyright litigation regarding consumer goods.
- RDK Truck Sales & Service, Inc. v. McNeilus. Defended truck distributor against claim of trademark infringement arising out of use of truck body company logo on distributor's web site. Claims voluntarily dismissed with prejudice.
- MTT v. S.I. Electric. Trade secret litigation regarding electric scooter design.
Complex Commercial Litigation
Franchise and Distribution Litigation
Motor Vehicle Matters
Intellectual Property Litigation
- New York
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Western District of Pennsylvania
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the District of Maryland
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Eastern District of Michigan
- Supreme Court of Pennsylvania
- Court of Appeals of Maryland
- College of William and Mary, Marshall-Wythe School of Law, J.D., 1994
- Colgate University, B.A., cum laude, 1991
- Woodberry Forest School, Secondary School, 1987
- United States District Court for the Eastern District of Pennsylvania
- Judicial Clerk, Honorable Donald W. VanArtsdalen, 1994-1995
- Duane Morris LLP
- Partner, 2003-present
- Associate, 1996-2002
- Chairman, Litigation & Dispute Resolution Practice Group
- Chancellor, Multilaw Academy
- American Bar Association
- Litigation Section
-- Past Co-Chair, Antitrust Committee--Programs
- Antitrust Law Section
-- Robinson-Patman Committee
-- Franchise and Dealership Law Committee
- Forum on Franchising
- Intellectual Property Section
Honors and Awards
- Recipient, Multilaw's Service Award, 2015
- 2005 ALM "Lawyers On the Fast Track" Award (recognizing top attorneys under 40 years old in Pennsylvania)
- Listed in Pennsylvania Super Lawyers for Antitrust Law, 2011-2012, 2014-2016
- Listed as 2005, 2006, 2007 "Rising Star," Antitrust Law, Philadelphia Magazine
- Order of the Coif, Marshall-Wythe School of Law, College of William and Mary
- Senior Professional Articles Editor, William and Mary Law Review, Marshall-Wythe School of Law, College of William and Mary
- President, Colgate Rowing Club, Colgate University
- AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
Civic and Charitable Activities
- Member, Statewide Election Protection Steering Committee, Fresh Start PA (Tom Wolf Gubernatorial Campaign), September-November 2014
- Advisor, Drexel University Beta Theta Pi Colony, 2013-present
- Solicitor, Delaware County Democratic Party, 2010-present
- Member, Election Protection Steering Committee, OFA-PA, April 2012-November 2012
- Delaware County Counsel, Obama for America, April 2012-November 2012
- Steering Committee, Young Friends of the Brandywine Conservancy Annual Brandywine River Cleanup, 2011
- Steering Committee, Young Friends of the Brandywine Conservancy Tip-a-Canoe Event, 2011
- Delaware County Counsel, Obama for America, April 2008-November 2008
- Township Commissioner, Nether Providence Township, Pennsylvania, 2004-2006
- Class Agent, Colgate University
- Class Agent, Woodberry Forest School
- Contributing Author, Market Definition in Antitrust—Theory and Case Studies, 2012
- Contributing Editor, ABA Franchise and Dealer Termination Handbook, 2nd Ed.
- Co-author, "Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc.: When Do Competitive Bidding Assistance Programs Violate the Robinson-Patman Act?," Antitrust Magazine, Summer 2005
- "State Warranty Reimbursement Laws: What Every Truck Dealer Needs to Know," Successful Dealer, April 2005
- "Appeals Court Ruling Could End Pricing Inequities," Successful Dealer, October 2004
- "Cease and Desist Letters Require Consideration Of All Ramifications: Letter May Trigger Race to Courthouse," The Legal Intelligencer, March 3, 1998
- Co-author, "Antitrust Tying and Franchises: Does the Kodak Rationale Apply to Franchise Relationships?" Pennsylvania Law Weekly, February 23, 1998
- "Defining Mens Rea in RCRA," William and Mary Journal of Environmental Law, 1994
Selected Speaking Engagements
- Chancellor and Faculty Member, Multilaw Academy XIII, Chiang Mai, Thailand, August 2014
- Chancellor and Faculty Member, Multilaw Academy XII, Oxford, England, August 2013
- Chancellor and Faculty Member, Multilaw Academy XI, Lafayette Hill, Pennsylvania, August 2012
- Chancellor and Faculty Member, Multilaw Academy X, Chiang Mai, Thailand, August 2011
- Speaker, Antitrust Law and Intellectual Property, Duane Morris In-House CLE Program, March 2011
- Chancellor and Faculty Member, Multilaw Academy IX, Chiang Mai, Thailand, August 2010
- Chancellor and Faculty Member, Multilaw Academy VIII, Dublin, Ireland, August 2009
- Speaker, "Niche Marketing," ABA Law Firm Marketing Strategies Conference, Philadelphia, Pennsylvania, November 2009
- Panelist, "Two Years after Reeder-Simco: Is the Robinson-Patman Act Alive and Well?," ABA Section of Antitrust Law Annual Spring Meeting, March 2008
- Chancellor and Faculty Member, Multilaw Academy VII, Dublin, Ireland, August 2008
- Faculty Member, Multilaw Academy VI, Dublin, Ireland, August 2007
- Faculty Member, Multilaw Academy V, Quebec City, Canada, August 2006
- Panelist, "Volvo v. Reeder-Simco: The Public Policy Battle Over What Forms Of Price Discrimination Violate The Robinson-Patman Act," ABA Section of Antitrust Law and ABA Section of Litigation, September 2005
- Faculty Member, Multilaw Academy IV, Quebec City, Canada, August 2005
- "Direct and Cross Examination: What an Attorney Wants from an Expert Witness," Pennsylvania Institute of Certified Public Accountants, December 11, 2003
- "Antitrust Issues in Physician Group-Payor Negotiations," Pennsylvania Bar Institute's 7th Annual Health Law Institute, March 14, 2001