Douglas C. Berry
Practice Emphasis
Antitrust & Complex Litigation, Franchise & Distribution, Intellectual Property
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
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 an 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.
- Assisted company in the acquisition of quick service franchise chain.
- Assisted private equity fund in negotiations for acquisition of chain of gasoline service stations.
- Defended an 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 oil company from claims by dealer that company’s prices were discriminatory, and successfully prosecuted claims for damages for amounts owed on dealer loans in default.
- 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.
- Prosecuted claims on behalf of hotel franchisor for liquidated damages following termination based on franchisee’s failure to make required improvements to its hotel, and defended at trial cross claims for wrongful termination.
- Defended franchising company from class action by consumers in connection with fees charged for debit card transactions.
RECENT PRESENTATIONS AND PUBLICATIONS
Co-Author, "State Regulation of Franchising: The Washington Experience Revisited," Seattle University Law Review (Spring 2009).
Author, Franchise Desk Book (A.B.A. 2nd ed. 2008) (Chapters pertaining to Washington law).
Author, “Open Price Agreements: Posted Prices and the Appropriate Standard for Good Faith Pricing,” Franchise Law Journal (Summer, 2007).
Presenter, “Remedies Available under the Washington Franchise Investment Protection Act,” Lorman Educational Services (August, 2007).
Moderator, “The Top Ten Problems Faced by Franchisees in Their Adolescence,” Franchise Business Network Regional Meeting (May, 2007).
Presenter, “Franchise Law Update,” The Seminar Group (April, 2007).
Roundtable Moderator, “Protecting Your Trademark,” IFA Convention (March 2007).
Presenter, “Due Diligence in Buying and Selling Franchise Companies,” IFA Legal Symposium (May 2006).
Author, “Closing the Door on Efforts to Create a Franchisor Duty of Competence,” Franchise Law Journal (Winter, 2003).
Presenter, International Franchise Association, “The Legal Aspects of Franchising – What You Should Know Before Signing on the Dotted Line” (August 2010).
PROFESSIONAL AND 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
