Douglas J. Behr: Lawyer with Keller and Heckman LLP

Douglas J. Behr

Washington,  DC  U.S.A.

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AV® Preeminent

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Practice Areas

  • Advertising and Promotion
  • Insurance Coverage
  • Intellectual Property
  • Trade and Professional Associations
  • Litigation
  • Privacy, Data Security and Digital Media
  • Product Safety
University Northwestern University, B.A., 1969
Law SchoolNew York University School of Law, J.D., 1972; Georgetown University, LL.M., 1975
Admitted1973, District of Columbia and Maryland


ABA White Collar Crime Section
Federal American Inn of Court


Douglas Behr joined Keller and Heckman in 1994. He practices civil litigation and white collar criminal defense. He handles matters regulated by the Drug Enforcement Administration.

Mr. Behr represents business, trade associations, and individuals before federal and state trial and appellate courts, regulatory bodies, and licensing forums with a concentration on Lanham Act false advertising, contract disputes, white collar crime defense, product liability, and trade regulation controversies. He also advises members of the business community on litigation avoidance, and works with health care professionals and others on matters regulated by the Drug Enforcement Administration. Prior to entering private practice, Mr. Behr served 12 years as an Assistant United States Attorney, primarily as a prosecutor, and received a special achievement award from the Justice Department. He is a faculty member of the National Institute of Trial Advocacy. Mr. Behr is AV PreeminentTM Rated by Martindale-Hubbell.

Mr. Behr is a contributing author of Beyond Telecom Law Blog.

Mr. Behr authored an article, Prescription Drug Control Under the Federal Controlled Substances Act: A Web of Administrative, Civil, and Criminal Law Controls, in the Washington University Law Urban Law Annual; Journal of Urban and Contemporary Law Volume 45, Issue 1 (1994).

Mr. Behr authored an article, Did you Forget to Say you're Sorry? Litigating a Show Cause Hearing for the Physician's DEA Registration, in the Quinnipiac University School of Law Health Law Journal, Volume 9, Number 1 (2005).

Mr. Behr authored an article, Challenging an Immediate Suspension of a DEA Registration: Is It Time for a New Tact?, in the Food and Drug Law Journal, Volume 69, Number 1 (2014).


Mar 02, 2010 Keller and Heckman Secures Complete Victory for Tokyo Electron Limited after Eight-Year Legal Battle
Mar 02, 2010 Keller and Heckman LLP Secures Complete Victory for Tokyo Electron Limited after Eight-Year Legal Battle
Jul 13, 2010 Keller and Heckman's Pro Bono Program Obtains Political Asylum for Victims of Gang Violence
Jan 28, 2011 Daily Journal Names Tokyo Electron Ltd. Victory Top Defense Verdict of 2010
May 09, 2011 Keller and Heckman Partners Discuss Beyond Telecom Law Blog in This Week's Telecom Video Minute
Sep 07, 2011 The Privacy Playbook: A Practical Guide for Businesses Slides Are Now Available For Download!
Dec 08, 2011 The California Appellate Court Affirms Tokyo Electron Limited Victory
Aug 30, 2012 Keller and Heckman LLP Sustains on Appeal Defense Judgment on Behalf of Prominent Grocery Chain
Jun 18, 2013 Keller and Heckman's Attorneys Recognized for Pro Bono Efforts
Nov 25, 2013 Doug Behr, Alyssia Bryant, and Bob Niemann Won a Motion to Dismiss
Jan 24, 2014 Keller and Heckman Attorneys Successfully Defend Against Potential Foreclosure


Jul 28, 2011 Register Today! The Privacy Playbook: A Practical Guide for Businesses


Jul 03, 2014 Advertising and Promotion Alert: Battle of the Experts Not Sufficient to Establish Violation of State Consumer Protection Acts
Jun 16, 2014 Compliance with FDA Regulations May Not Protect a Company From the Risk of Liability to Competitors via Unfair Competition Challenges
Apr 08, 2014 Litigation Alert
Apr 02, 2014 Douglas Behr Authors Article in Food and Drug Law Journal
Jul 19, 2013 Failure to Strictly Comply with FDA Regulations May Get You Sued
Jun 13, 2013 FDA Uses Warning Letters to Expand the Park Doctrine to Include Violations of Contractors
Jun 03, 2013 Supreme Court Upholds Chevron Deference to Agencies
May 20, 2013 Government Agencies Cannot Amend Their Rules Through Litigation Settlements
Apr 19, 2013 FOIA: Court Ruling Requires Faster Substantive Agency Responses and Allows Court Intervention Earlier if Necessary
Apr 12, 2013 Alert: Ries v. Arizona Beverages
Apr 02, 2013 MA ZIP Code Ruling: Implications for Online Retailers, Gas Stations and Others
Mar 21, 2013 Supreme Court Strengthens Challenges to Privacy Plaintiffs
Oct 26, 2012 Court Rebuffs CPSC Database Disclosure Decision in Important Administrative Law Ruling
Oct 04, 2012 Regulation of Industrial Chemicals by DEA and the States as Precursor Chemicals
Sep 10, 2012 Emerging Trends in Privacy and Data Security Litigation
Aug 23, 2012 Western Sugar v. ADM: Member Liability for Association Action
Jun 29, 2012 Mobile App Developer Settles COPPA Violations with NJ AG
Jun 28, 2012 U.S. Privacy and Data Security Developments: Impact on Retailers
Aug 26, 2011 New York Court Dismisses Advertisers from Flash Cookie Lawsuit; Narrows State Claims Against Ad Technology Provider
Feb 01, 2011 Litigation Alert: Eighth Circuit Finds Adulterated Drug Claims Are Not Preempted
Aug 06, 2010 Nanotechnology Defined
Jul 26, 2010 Client Alert: The Attorney-Client Privilege and Former Employees
Jun 28, 2010 Litigation Alert: Seventh Circuit Holds that Federal Jurisdiction under CAFA is Determined Exclusively At the Time of Removal
Jun 23, 2010 IP, Telecom and Technology Sourcing Bulletin
Jun 18, 2010 Litigation Alert: Court Explains the Circumstances in Which an Employer May Invoke the Attorney-Client Privilege When Communications are Neither Authored By Nor Addressed To Counsel
Sep 17, 2009 IP, Telecom and Technology Sourcing Bulletin
Sep 11, 2009 Litigation Alert: No Business Dealings in US? You Can End Up in US Federal Courts
Jul 22, 2009 IP, Telecom and Technology Sourcing Bulletin
Jul 08, 2009 Litigation Alert: Arbitrators May Order the Loser to Pay Attorney's and Arbitrator's Fees Upon a Finding of Bad Faith Even When the Contract Invokes The American Rule
Jun 15, 2009 Litigation Alert: California Court of Appeal Holds That a Foreign Manufacturer Can Be Sued in California By Serving Process on an American Subsidiary
Jun 08, 2009 Litigation Alert: FEMA and Formaldehyde Exposure: Federal Law Preempts State Tort And Failure To Warn Claims
May 01, 2009 The New Import Declaration Requirement for Plants and Plant Products Under the Lacey Act
Dec 19, 2008 Supreme Court's Environmental Agenda
Apr 12, 2007 Association News Alert
Dec 01, 2005 False Claims of FDA Approval Are Actionable Under the Lanham Act
Oct 15, 2003 DEA Establishes a Zero Threshold for Gamma Butyrolactone (GBL)
Sep 22, 2003 Negotiating Telecommunications User Deals: Structuring Arbitration Clauses & Resolving Disputes
Nov 14, 2002 Louisiana Supreme Court Rules that Punitive Damages are not Available in Toxic Tort Conspiracies
Dec 18, 2001 DEA Proposes Exemption for Large Transactions in Gamma Butyrolactone (GBL)
Jul 02, 2001 Federal Regulations Affecting Gamma Butyrolactone (GBL)
Aug 11, 1998 Medical Device/Component Liability and Tort Reform
Jul 10, 1998 Supreme Court Clarifies Test for Parent Corporation Liability under Superfund


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"Battle of the Experts" Not Sufficient to Establish Violation of State Consumer Protection Acts
Douglas J. Behr,Melvin S. Drozen,Daniel C. Rubenstein, July 11, 2014
In the increasingly litigious area of food labeling claims, manufacturers received a little help in a recent decision from a federal judge in Maryland. Reviewing a consumer’s assertion that the claimed benefit for a dietary supplement had insufficient scientific support, the Court ruled that...

Compliance with FDA Regulations May Not Protect a Company From the Risk of Liability to Competitors via Unfair Competition Challenges
Douglas J. Behr,Alyssia J. Bryant,Melvin S. Drozen,Arthur S. Garrett, June 20, 2014
On June 12, 2014, the Supreme Court unanimously held that one competitor may sue another under the federal Lanham Act for false, misleading, or deceptive advertising and labeling of its food and beverage products even though the labeling may conform with FDA regulations. The Supreme Court took the...

Costs of a Non-Party’s Compliance with a Subpoena Will Shift to the Requesting Party If Costs Are “Significant"
Douglas J. Behr,Alyssia J. Bryant, April 14, 2014
The United States Court of Appeals for the Ninth Circuit recently joined the D.C. Circuit in finding that a non-party to a lawsuit may recover the costs of complying with a subpoena if those costs are significant. According to the Court of Appeals, if a subpoena imposes an expense and that expense...

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Office Information

Douglas J. Behr

Suite 500 West, 1001 G Street, N.W.
WashingtonDC 20001


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