J. Manly Parksrepresents clients nationally in the areas of antitrust law, complex business litigation, franchise and distribution law and intellectual property litigation.
An experienced commercial litigator, trial attorney and appellate advocate, Mr. Parks has handled numerous class action and multi-party matters on behalf of clients in a variety of industries including motor vehicle distribution, banking and finance, 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 (including tying claims under the Bank Holding Company Act), 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 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, 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.
Mr. Parks currently serves as Solicitor of the Delaware County Democratic Party and has advised a number of campaigns on election law-related issues. A former township commissioner in Nether Providence Township, Delaware County, Pennsylvania, he served as chief outside counsel to the Sestak for Senate campaign. During the 2010 primary and general election cycles, he successfully represented Mr. Sestak in two nomination petition challenges in the Pennsylvania Commonwealth Court. Mr. Parks also served as lead counsel in Delaware County, Pennsylvania, for President Obama and as a member of the Obama Campaign's Election Protection Statewide Steering Committee for Pennsylvania in the 2012 Presidential election. He served as County Counsel in Delaware County for Obama for America in the 2008 primary and general elections and has coordinated election day voter protection efforts on behalf of the Delaware County Democratic Party, U.S. Congressman Joseph A. Sestak, Jr., President Obama, and several local elected officials. In connection with his duties as Solicitor of the Delaware County Democratic Party, Mr. Parks represented several of the objectors challenging the proposed Pennsylvania Legislative Reapportionment Plan that was overturned by the Pennsylvania Supreme Court on Constitutional grounds.
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 over 50 nations around the globe. He has served as chancellor of the Multilaw Academy since 2007. He also serves as the chairman of Multilaw's Global Litigation Practice Group.
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 ofThe Legal Intelligencer. He was also identified as a Rising Star in antitrust law in 2005, 2006 and 2007 byPhiladelphia Magazineand was named a Pennsylvania Superlawyer in antitrust law in 2011, 2012 and 2014 byPhiladelphia 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 theWilliam and Mary Law Reviewand was a member of the Order of the Coif. He is also acum laudegraduate of Colgate University and a graduate of Woodberry Forest School.
•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
•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
•Listed as 2005, 2006, 2007 Rising Star, Antitrust Law,PhiladelphiaMagazine
•Order of the Coif, Marshall-Wythe School of Law, College of William and Mary
•Senior Professional Articles Editor,William and Mary Law Review, Marshall-Wythe School of Law, College of William and Mary
•President, Colgate Rowing Club, Colgate University
•AV Preeminent Peer Review Rated by Martindale-Hubbell
Civic and Charitable Activities
•Solicitor, Delaware County Democratic Party, 2010-present
•Member, Election Protection Steering Committee, OFA-PA, April 2012-November 2012
•Delaware County Counsel, Obama for America, 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
•Contributing Author,Market Definition in Antitrust-Theory and Case Studies, 2012
•Contributing Editor,ABA Franchise and Dealer Termination Handbook, 2nd Ed.
•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
•Chancellor and Faculty Member, Multilaw Academy XI, Lafayette Hill, 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 andWell?, 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