Graham & Dunn PC
 

Douglas C. Berry

Douglas C. Berry

Shareholder

Phone:
206.340.9626
Fax:
206.340.9599
E-mail:
dberry@grahamdunn.com
Vcard:

Practice Emphasis

Hospitality, Beverage and Franchise & Distribution, Intellectual Property, Antitrust & Complex Litigation

BAR ADMISSIONS

Washington, 1982; Oregon, 2004
Clerk, Judge H.J. Walinski, U.S. District Court, N.D. Ohio
Clerk, Judge Paul C. Weick, U.S. Circuit Court, Sixth Circuit Court of Appeals

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For almost twenty five years, Doug has served as a trial lawyer representing franchisors and suppliers in connection with disputes with their franchisees and distributors.  In recent years, Doug has also devoted considerable time providing antitrust and distribution counseling, and has assisted several clients with the evaluation and acquisition of other franchising companies.  The following is a representative sample of matters Doug has handled in recent years:

  • Assisted oil company in the acquisition of refinery and marketing assets in     Southern California, counseled investor group in acquisition of majority interest in     fast food franchise company, and assisted company in acquisition of coffee     franchise system.


  • Defended oil company from claims by former Alaska Jobber and dealer alleging it     was forced out of business by company’s price discrimination and violations of     duty of good faith.


  • Defended various franchisors from claims in Oregon and Washington by franchisees     claims sale of franchise was induced by misrepresentations or violations of     applicable disclosure obligations.


  • Defended beer supplier and franchisors from claims for wrongful termination.


  • Defended soft drink supplier from claims from former bottler and distributor     claiming that distribution agreement was a franchise” under applicable state     franchise statute.


  • Prosecuted claims by manufacturers of cosmetics and candles against competitors     based on competitors’ use of product packaging deceptively similar to clients’     packaging.


  • Prosecuted claims against former franchisees for breach of post-term, and in-term     covenants against competition.


  • Defended franchising company from class action by consumers in connection with     fees charged for debit card
        transactions.

    • RECENT PRESENTATIONS AND PUBLICATIONS

    Author, “Open Price Agreements: Posted Prices and the Appropriate Standard for Good Faith Pricing,” Franchise Law Journal (Summer, 2007).

    Author, Franchise Desk Book (A.B.A. 2nd ed. 2008) (Chapters pertaining to Washington law).

    Presenter, “Remedies Available under the Washington Franchise Investment Protection Act,” Lorman Educational Services (August, 2007).

    Roundtable Moderator, “Protecting Your Trademark,” IFA Convention (March 2007).

    Moderator, “The Top Ten Problems Faced by Franchisees in Their Adolescence,” Franchise Business Network Regional Meeting (May, 2007).

    Presenter, “Due Diligence in Buying and Selling Franchise Companies,” IFA Legal Symposium (May 2006).

    Presenter, “Franchise Law Update,” The Seminar Group (April, 2007).

    Author, “Closing the Door on Efforts to Create a Franchisor Duty of Competence,” Franchise Law Journal (Winter, 2003).

    PROFESSIONAL & COMMUNITY ACTIVITIES

    Council of Franchise Suppliers, International Franchise Association

    Co-Host, IFA Franchise Business Network (Pacific Northwest Region)

    Member, American Bar Association Forum on Franchising

    Member, American Bar Association, Antitrust Section

    Member, American Bar Association

    Member, King County Bar Association

    Member, Washington State Bar Association

    Member, Oregon State Bar Association

    Former Co-Chair, Federal Bar Association, Western District of Washington, Local Rules Committee

    EDUCATION

    J.D., University of Toledo, 1978; editor-in-chief, University of Toledo Law Review

    B.S., Bowling Green State University, 1974

     

    Professionals