Duane Morris LLP - J. Manly Parks, Partner

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J. Manly Parks
Partner
Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA

Phone: +1 215 979 1342
Fax: +1 215 689 3682
Email: JMParks@duanemorris.com

J. Manly Parks represents clients nationally in the areas of antitrust law, intellectual property litigation, franchise and distribution law and complex business litigation.

A member of the firm's Antitrust and Competition Group and an experienced litigator, trial attorney and appellate advocate, Mr. Parks represents and counsels manufacturers, distributors, dealers, franchisors, franchisees, financial institutions, healthcare providers, joint ventures and trade associations in matters involving the antitrust laws, including claims of price fixing, dealer/distributor termination, group boycotts, competitor collaboration, monopolization and attempted monopolization, and price discrimination.

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 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' 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 and the litigation and mediation of commercial disputes.

Mr. Parks has advised a number of campaigns on election law-related issues. A former township commissioner, he currently serves as chief outside counsel to the Sestak for Senate campaign. During the 2010 primary election cycle, Mr. Parks successfully represented Mr. Sestak in a nomination petition challenge in the Pennsylvania Commonwealth Court. Mr. Parks served as lead counsel in Delaware County, Pennsylvania for President Obama in the 2008 primary and general elections and has coordinated election day voter protection efforts on behalf of U.S. Congressman Joseph A. Sestak, Jr., President Obama, and several local elected officials.

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 approximately 50 nations around the globe. He has served as chairman of the Multilaw Academy since 2007. He also serves as the chair of Multilaw's Litigation & Dispute Resolution 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.

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.

Representative Matters

Antitrust Litigation

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.
In re Plastic Additives Antitrust Litigation. Represented plastics manufacturer in antitrust class action involving pricing of plastic additives.
Angelico v. Lehigh Valley Hospital, Inc., et al. Obtained jury verdict in favor of defendant hospital in antitrust action brought by a cardiothoracic surgeon who alleged a group of hospitals had conspired to restrict his privileges that was upheld on appeal to United States 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 Commercial Explosives Litigation. Defended explosives manufacturer in antitrust class action involving pricing of commercial explosives.

Intellectual Property Litigation

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. Mack Trucks, Inc. Defended truck distributor against claim of trademark infringement arising out of use of truck body company logo on distributor's website. Claims voluntarily dismissed with prejudice.
MTT v. S.I. Electric. Trade secret litigation regarding electric scooter design.

Franchise and Distribution Litigation

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. Litigation involving claims for breach of exclusive international distribution contract; $11.2 million arbitration award that was confirmed by federal district court.
King of Prussia Equipment Corp. v. Power Curbers, Inc. Trial counsel in litigation pertaining to termination of distributor; secured defense verdict after bench trial that was upheld on appeal to United States 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. Franchise litigation involving claims of overcharges by franchisor's captive workers compensation insurance company.
Carvel Corp. v. Baker, et al. 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.

Motor Vehicle Dealer Litigation

Southland International of Louisiana LLC v. Navistar Inc. Represent heavy-duty truck dealer in dealership termination dispute with OEM.
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.
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. Represent auto dealer in RICO and state motor vehicle dealer law case involving claims relating to opening and operation of dealership.

Complex Commercial Litigation

Adelphia Communications Corp., et al v. Bank of America, N.A. et al. Represent international commercial bank and investment bank in multi-party fraud litigation arising out of commercial loan facilities.
Baker v. Summit Bank. Class action litigation involving claims under Trust Indenture Act; obtained summary judgment ruling that was upheld on appeal to Unites States Court of Appeals for the Third Circuit.
JJ White, Inc. v. The Graham Company. RICO litigation 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.
Nelson v. Eddowes. Litigation involving dispute between shareholders of skydiving business.
Norton-Griffiths v. Melanson. Litigation involving breach of covenant not to compete incident to the sale of equipment manufacturing business.

Professional Activities

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
Multilaw
- Chair, Litigation & Dispute Resolution Practice Group
- Chair, Multilaw Academy

Admissions

Pennsylvania
Maryland
New York
U.S. Court of Appeals for the Third 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. 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
U.S. Court of Appeals for the Second Circuit

Education

College of William and Mary, Marshall-Wythe School of Law, J.D., 1994
Colgate University, B.A., cum laude, 1991

Experience

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

Civic and Charitable Activities

Delaware County Counsel, Obama for America, April 2008-November 2008
Township Commissioner, Nether Providence Township, Pennsylvania, 2004-2006

Honors and Awards

2005 ALM "Lawyers On the Fast Track" Award (recognizing top attorneys under 40 years old in Pennsylvania)
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

AV® Preeminent™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Selected Publications

Contributing Author, ABA book on Antitrust Market Definition (in process)
Contributing Editor, ABA Franchise and Dealer Termination Handbook, 2nd Ed.
Co-author, "Duane Morris Wins Major Appeal for Truck Dealer," Duane Morris Alert, July 25, 2008
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

Chairman and Faculty Member, Multilaw Academy VIII, Dublin, Ireland, August 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
Speaker, "Niche Marketing," ABA Law Firm Marketing Strategies Conference, Philadelphia, Pennsylvania, November 2009
Chairman 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