J. Manly Parks

Partner

  • J. Manly Parks
  • Phone: +1 215 979 1342

    J. Manly Parks - LinkedIn Import to Address Book

  • Duane Morris LLP
    30 South 17th Street
    Philadelphia, PA 19103-4196
    USA

J. Manly Parks represents clients nationally in the areas of antitrust law, complex business litigation, international dispute counseling, franchise and distribution law, and intellectual property litigation. He also has extensive experience with election law matters.

An experienced commercial litigator, trial attorney and appellate advocate, Mr. Parks has handled numerous class action, multi-party, and other complex litigation matters on behalf of clients in a variety of industries including motor vehicle distribution, banking and finance, ocean shipping, duty-free customs warehouses, 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, 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 Network Services Group, representing manufacturers as well as 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.

His practice includes a significant international component, including international arbitrations in several jurisdictions and before a variety of tribunals, as well as counseling international clients on a wide range of commercial issues as well as dispute avoidance. Mr. Parks has long been active in the Multilaw legal network, and served as Chairman of Multilaw’s Global Litigation Practice Group as well as Chairman of Practice Group Oversight for Multilaw. Manly served as global editor of the Multilaw Foreign Judgement Enforcement Database and has handled a number of matters involving the domestication of foreign judgments in the United States. He formerly served for several years as Chancellor of the Multilaw Academy, and received the Distinguished Service Award from Multilaw in 2015.

Mr. Parks helped manage the 2019 Government Transition in Delaware County (PA) and currently serves as Solicitor for the Delaware County Board of Elections and Voter Registration Commission. He served as Solicitor of the Delaware County Democratic Committee from 2010-2018. He has represented several candidates and elected officials in election law-related matters, including nomination petition challenges and election recounts. He was also involved as counsel to Petitioners in the successful challenge to the 2012 Legislative Redistricting Plan before the Pennsylvania Supreme Court. He currently serves as a member of the Election Protection Steering Committee for the Pennsylvania Democratic Party and served as Co-Chair of that Committee from 2017-2018. He served as County Counsel for Delaware County, Pennsylvania for Democratic U.S. Presidential Campaigns in 2008, 2012, and 2016.

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 Pennsylvania Super Lawyers "Rising Star" in antitrust law in 2005, 2006 and 2007 and has been listed in Pennsylvania Super Lawyers in antitrust law multiple times.

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.

Representative Matters

    International Disputes and Arbitration

  • Represented Stadtwerke Frankfurt Am Main Gmbh in a section 1782 case in the Southern District of New York and Second Circuit Court of Appeals. The discovery sought was in aid of foreign antitrust proceedings in the EU and Germany.

  • Represented a fast food franchisor in an International Center for Dispute Resolution arbitration against its former sub-franchisor for Canada, successfully defeating an eight figure damages claim by the former sub-franchisor and securing a defense verdict.

  • 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.

  • Represented a global pharmaceutical company in an ICC arbitration in Paris, partnering with French counsel in a dispute involving a drug development agreement for the development of cancer antibody test kits, which ultimately failed.

  • Represented client in an International Center for Dispute Resolution arbitration involving a dispute over financial partnership to fund a business holding brand licensing agreement for a global shoe and apparel brand.

    • Antitrust Litigation

  • In re Automotive Parts Antitrust Litigation Representing class of truck and equipment dealers in a series of class action cases involving claims of bid rigging and price-fixing of automotive component parts.
  • 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 Ductile Iron Pipe Fittings ("DIPF") Direct Purchaser Antitrust Litigation. Representing 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. Represented individuals and affiliated 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.
  • 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.

    • Complex Commercial Litigation

  • 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. Defended Societe Generale and SG Cowen in 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. Defended bank in class action litigation involving claims under the 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.

    • Franchise and Distribution Litigation

  • 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.
  • 7-Eleven v. Khan. Represented franchise system operator in litigation against franchisee for violations of franchise agreement.
  • Cold Stone Creamery, Inc. v. Pin Knox, Inc. Represented national ice cream franchisor in trademark and copyright infringement litigation against terminated franchisee.
  • 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.

    • Motor Vehicle Matters

  • 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.

  • Counseling of vehicle manufacturers including Hyundai/Kia, Argo, Power Curbers, Eagle Bus, and other interested parties including vehicle body manufacturers and vehicle rental companies on matters related to state motor vehicle dealer laws, dealership agreements, and dealership network management issues.

  • Mountain West Truck Center v. Hino. Represented truck dealer in dealership termination dispute with OEM before a state motor vehicle dealer board.
  • Southland International of Louisiana LLC v. Navistar Inc. Represented heavy-duty truck dealer in dealership termination dispute with OEM before a state motor vehicle dealer board.
  • 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.

    • Intellectual Property Litigation

  • American Eagle Outfitters, Inc. v. Lyle & Scott, Limited. Represented international clothier in dispute arising out of trademark coexistence agreement.
  • 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.

Admissions

  • Pennsylvania
  • Maryland
  • New York
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Second Circuit
  • 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. 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

Education

  • College of William and Mary, Marshall-Wythe School of Law, J.D., 1994
    - Order of the Coif
    - Senior Professional Articles Editor, William & Mary Law Review
  • Colgate University, B.A., cum laude, 1991
    - President, Colgate Rowing Club
  • Woodberry Forest School, cum laude, 1987

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

Professional Activities

  • Multilaw
    - former Chairman, Litigation & Dispute Resolution Practice Group
    - former Chairman, Practice Group Committee
    - former Chancellor and faculty member, 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 Distinguished 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, 2014-2021

  • Listed in Super Lawyers Rising Stars for Antitrust Law, 2005, 2006, 2007
  • Order of the Coif, Marshall-Wythe School of Law, College of William and Mary
  • 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.

Civic and Charitable Activities

  • Member, Delaware County (PA) Bar Association, Judicial Selection Committee, 2019-present
  • Delaware County Goverment Transition Team, 2019-20
  • Board of Directors, Schuylkill River Greenway Association
     - Member, 2018-present
     - Board Secretary, 2019
     - Board Chair, 2020
     - Resource Strategies Committee Chair, 2019-20
     - Policy Committee, 2018-present
  • Co-Chair, Pennsylvania Democratic Party Statewide Election Protection Team, 2017-2019
  • Member, Statewide Election Protection Steering Committee, Hillary for Pennsylvania (Hillary Clinton Presidential Campaign), January-November 2016
  • Member, Statewide Election Protection Steering Committee, Fresh Start PA (Tom Wolf Gubernatorial Campaign), September-November 2014
  • Alumni Advisor, University of Pennsylvania Beta Theta Pi Chapter, 2016-present

  • Alumni Advisor, Drexel University Beta Theta Pi Colony/Chapter, 2013-2016

  • Solicitor, Delaware County Democratic Party, 2010-2018

  • Chairman, Committee to Elect Kelly Eckel, 2017

  • Member, Statewide Election Protection Steering Committee, OFA-PA (Barack Obama Presidential Campaign), April 2012-November 2012
  • Delaware County Counsel, Obama for America (Barack Obama Presidential Campaign), 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

Selected Publications

Selected Speaking Engagements

  • Presenter, "Mitigating Civil and Criminal Antitrust Risks During a Pandemic and the 'New Normal,'" Duane Morris COVID-19: Navigating Forward Webinar Series, February 25, 2021
  • Chancellor and Faculty Member, Multilaw Academy XIV, Isle of Malta, August 2015
  • 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, Philadelphia, 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