Current Employment Position(s)

Partner

Lawyer Overview

Michael J. Lockerby is a partner with Foley & Lardner LLP and is a member of the General Commercial Litigation, Appellate, Distribution & Franchise, Intellectual Property Litigation, Antitrust and Privacy, Security & Information Management Practices and the Automotive Industry Team. He is chair of the firm's Washington, D.C. Litigation Department.

For the past 24 years as a trial lawyer, Mr. Lockerby has been on the cutting edge of the intellectual property, antitrust, business tort, and franchise law issues that face all manufacturers and other suppliers whose products are sold through independent dealers, distributors, and franchisees. He has appeared throughout the country in state and federal trial courts and before arbitrators and other ADR providers.

On behalf of a number of clients, Mr. Lockerby has led the nationwide litigation of system-wide issues. Such issues include the consolidation of overlapping distribution networks, the rebranding of trademarked products formerly distributed under another brand, the enforcement of exclusive dealing requirements, "encroachment claims" raised by direct sales and Internet marketing, implementing new franchise system standards, and issues raised collectively by franchisee and dealer associations. The many industries in which Mr. Lockerby has litigated such issues include computer hardware and software; telecommunications and other high technology products; alcoholic beverages; construction, forestry, farm, utility, industrial, and outdoor power equipment; motor vehicles; petroleum marketing; and franchisors of restaurants, hotels, personal and professional services, among others.

Based on his experience as a litigator, Mr. Lockerby also helps clients minimize litigation exposure. He regularly negotiates and drafts license, franchise, and distribution agreements for use domestically and overseas. He has helped numerous clients comply with the franchise disclosure and registration laws at both the federal and state level in the United States and with their overseas counterparts.

Mr. Lockerby was named a "Legal Eagle" by Franchise Times magazine and is listed in The International Who's Who of Franchise Lawyers (2006 - 2009). He has also been voted among "The Legal Elite, Virginia Top Lawyers" by Virginia Business Magazine in the areas of civil litigation and information technology/intellectual property. Mr. Lockerby is also rated as one of the top Franchising attorneys in the nation by Chambers USA (2008 - 2009).

Before joining Foley, Mr. Lockerby was a partner with Hunton & Williams in Richmond, Virginia. Mr. Lockerby earned his J.D. from the University of Virginia School of Law in 1984 and his B.A. in 1978 from the University of North Carolina. Before attending law school, he served as a legislative assistant to U.S. Senator John Heinz from 1979-81, and was a research assistant to the Joint Economic Committee of the U.S. Congress from 1978-79.

Mr. Lockerby is admitted to practice in the District of Columbia and the Commonwealth of Virginia. He is also admitted to practice before the U.S. Supreme Court; the U.S. Courts of Appeal for the Third, Fourth, Fifth, Sixth, Seventh, and Eleventh Circuits; the U.S. District Court for the Eastern and Western Districts of Virginia; the Virginia Supreme Court; and the Virginia Court of Appeals.

His professional affiliations include:

Mr. Lockerby is a frequent author on franchising and distribution issues. His many publications include:

Mr. Lockerby has also presented at numerous seminars and meetings. These include:

Areas of Practice

• Antitrust
• Appellate
• Distribution & Franchise
• Food
• IP Litigation
• Automotive
• Privacy, Security & Information Management

Bar Admissions

• District of Columbia
• Virginia, 1984
• U.S. Supreme Court, 1991
• U.S. Court of Appeals 3rd Circuit
• U.S. Court of Appeals 4th Circuit, 1984
• U.S. Court of Appeals 5th Circuit, 1992
• U.S. Court of Appeals 6th Circuit
• U.S. Court of Appeals 7th Circuit
• U.S. Court of Appeals 11th Circuit
• U.S. District Court Eastern District of Virginia, 1984
• U.S. District Court Western District of Virginia, 1984
• Virginia Supreme Court
• Court of Appeals of Virginia

Professional Associations and Memberships

• University of Virginia School of Law (Treasurer, Law and Graduate Republicans)
• Association Internationale des Jeunes Avocats (Member)
• Virginia State Bar, Member, Board of Governors, 1991 - 1994 (Section of Antitrust, Franchise and Trade Regulation)
• Virginia State Bar, 1994 - 1995 (Member, Board of Governors, Section of International Practice)
• Virginia State Bar, 1988 - 1992 (Member, Board of Governors, Young Lawyers Conference)
• American Bar Association, Chair, Task Force on Legislation/Regulation, (Franchising and Dealerships Committee, Section of Antitrust Section)
• American Bar Association (Member, Committee on Franchising, Section of Intellectual Property Law)
• American Bar Association, Vice Chair, Committee on Franchising and (Dealership, Section of Antitrust Law)
• International Franchise Association (Member, Committee on Legal-Legislative Affairs)
• American Bar Association (Chair, Committee on Franchise and Dealership, Section of Antitrust Law)

Honors and Awards

• "Legal Eagle" by Franchise Times magazine
• The International Who's Who of Franchise Lawyers, 2006 - 2008
• "The Legal Elite, Virginia Top Lawyers" by Virginia Business Magazine
• One of the Top Franchising attorneys in the nation by Chambers USA

Classes and Seminars

• Fundamentals of Franchising, and The Reappearance of Tying and Pricing Claims for Franchise Companies, American Bar Association Annual Forum on Franchising, October 1992
• Speaker, Distribution to and from the United States, Assn. Internationale des Jeunes Avocats, Seminar, Agency and Distributorship Law-Issues-Drafting/Enforcing Transnational Contracts, 1991
• Program Chair and Moderator, Ethics in Litigation, Continuing Legal Education, Virginia State Bar Antitrust, Franchise and Trade Regulation Section and Litigation Section, June 1992
• Regulated Industries, Seminar at Marshall-Wythe School of Law, College of William and Mary
• Setting Up an International Distribution Network, Virginia Continuing Legal Education International Law Program, May 1992
• Termination of a Virginia Franchise, Lead Defense Counsel in Mock Trial of Dominion Distributors, Inc. v. First World Imports, Inc., Virginia Association of Defense Attorneys, Commercial Litigation Section Program, October 1990
• International Distribution, United States Department of Commerce, Seminar, June 1992
• "The Pros and Cons of Arbitrating Franchise Disputes", American Bar Association 28th Annual Forum on Franchising (Oct. 2005)
• "Judicial Update", International Franchise Association Annual legal Symposium (May 2005)
• "Dealer Termination and Resale Price Maintenance", Advanced Distribution Workshop: Antitrust and Advertising Issues, ABA Section of Antitrust Law (Sept. 1999)
• "Challenges of the Internet for Agency, Distribution, and Franchising Agreements: Impact of New Technologies on Traditional Sales Methods", International Bar Association, Zurich, Switzerland (March. 1999)
• "Intellectual Property Protection in Cyberspace", Offshore e-Commerce Seminar, IBC USA Conferences, Inc. (New York City Sept. 1999; Miami Feb. 2000)

Past Employment Positions

• Rogers & Wells, New York, New York, Summer Associate, 1982
• United States Senator John Heinz, Legislative Assistant, 1979 - 1981
• Joint Economic Committee of the U.S. Congress, Research Assistant, 1978 - 1979
• Hunton & Williams in Richmond, Virginia, Partner

Education

• University of Virginia School of Law, Charlottesville, Virginia, 1984
  J.D.
  Honors: President, Student Legal Forum, Lile Moot Court Competition
  Honors: Victims Rights Advocacy Project
• University of North Carolina, Chapel Hill, North Carolina, 1978
  B.A.
  Honors: Honors Thesis, Study-Travel Program in Great Britain, University of
  Honors: Toronto Exchange, Dean's List

Fraternities/Sororities

• Phi Delta Phi
• Phi Beta Kappa
• Phi Eta Sigma

Published Works

• Franchise Law Bibliography (Editor-in-Chief), American Bar Association
• Franchise Termination Restrictions: A Guide for Practitioners and Policy Makers, The Antitrust Bulletin, Winter, 1985
• Franchise Termination Restrictions: A Guide for Practitioners and Policy Makers, Cited in Cambee's Furniture, Inc. v. Doughboy International, Inc., 825 F. 2d 167, Eighth Circuit, 1987
• "Avoiding Collisions With Franchise Laws on the Information Superhighway", The Computer Lawyer, October, 1998
• The Franchise Trade Secrets Handbook, ABA Forum on Franchising, 2000
• Franchise Law Bibliography, ABA Forum on Franchising, 1993
• Franchising (& Distribution) Currents, ABA Franchise Law Journal, Spring, 2000
• "Revisionist History? Kicking the Tires of J. Michael Dady's Market Withdrawal Cases", ABA Franchise Law Journal, Spring, 2002
• "Can Franchise Consultants Practice Law?", ABA Franchise Law Journal, Summer, 2002
• "The More, the Merrier? New York Federal Court Refuses to Dismiss Replacement Dealers Named as Co-Defendants", ABA Franchise Law Journal, Fall, 2003
• "Market Withdrawal: Judges and Juries Aren't Buying What Terminated Dealers Are Selling", ABA Franchise Law Journal, Winter, 2003
• Franchising (& Distribution) Currents, ABA Franchise Law Journal, Spring, 2004
• "Looking Anew at Accounting Duties", New York Law Journal, April, 2004
• Franchising (& Distribution) Currents, ABA Franchise Law Journal, Summer, 2004
• Franchising (& Distribution) Currents, ABA Franchise Law Journal, Winter, 2004
• Franchising (& Distribution) Currents, ABA Franchise Law Journal, Spring, 2006

Address

3000 K Street, N.W.
Suite 600
Washington, DC 20007

Phones

(202) 945-6079

Faxes

(202) 672-5399

Emails

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Websites

http://www.foley.com