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 has handled a number of cases involving claims of copyright and trademark infringement, as well as cases involving claims of theft 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. Mr. Parks' 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 regularly represents plaintiffs and defendants in class action litigation, including in cases involving antitrust matters and franchise and dealership disputes. He is a member 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.

An active member of the Antitrust Law Section of the American Bar Association, the Antitrust Litigation Committee of the American Bar Association Section of Litigation and the ABA Forum on Franchising, Mr. Parks has written and spoken on antitrust issues, including in the areas of franchising, distribution and healthcare. 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 been named Chairman of the 2008 Multilaw Academy.

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 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

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.
Nordeast Carpeting v. Sunrise. Antitrust class action involving pricing of commercial carpet.

Intellectual Property Litigation

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.
DSA v. Netplex. Copyright litigation regarding computer software.
Gone Gator Music v. Sportz Hospitality, Inc. Defended hotel and restaurant owner against copyright litigation brought by ASCAP. Case dismissed without filing of Answer.
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

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.
Fujirebio Diagnostics, Inc. v. Pasteur-Sanofi. International ICC arbitration between parties to a cancer diagnostics manufacturing and distribution agreement.
Dippold-Harmon v. Lowe's. Litigation involving claims of breach of contract and fraud between parties to a sourcing agreement.
RST Markets v. Getty Petroleum Marketing, Inc. Franchise litigation involving pricing of petroleum to service station.
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; jury awards in favor of all clients in all cases tried.

Motor Vehicle Dealer Litigation

Cumberland Truck Equipment Co., et al. v. Detroit Diesel Corp. Represent 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

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.
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.
Gonzales v. Fairgale Properties Co. Litigation involving claim of breach of contract to sell farmland.
Walker v. Estate Planning Advisors. Litigation involving sale of charitable gift annuities and estate planning services.
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
-- Co-Chair, Antitrust Committee
- Antitrust Law Section
-- Robinson-Patman Committee
-- Franchise and Dealership Law Committee
- Forum on Franchising
Maryland State Bar Association

Admissions

Pennsylvania
Maryland
Court of Appeals of Maryland
Supreme Court of Pennsylvania
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Fourth Circuit
United States District Court for the Eastern District of Pennsylvania
United States Court for the District of Maryland
United States District Court for the Central District of Illinois
United States District Court for the Eastern District ofMichigan

Education

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

Experience

Duane Morris LLP
- Partner, 2003-present
- Associate, 1996-2002
United States District Court for the Eastern District of Pennsylvania
- Judicial Clerk, Honorable Donald W. VanArtsdalen, 1994-1995

Civic and Charitable Activities

3d Ward Commissioner, Nether Providence Township, Pennsylvania
Committeeperson, Edgmont Township, Pennsylvania
Delaware County Counsel, Obama for America, April 2008

Honors and Awards

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

Selected Publications

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

Panelist, "Two Years after Reeder-Simco: Is the Robinson-Patman Act Alive and Well?," ABA Section of Antitrust Law Annual Spring Meeting, March 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