Michael J Lockerby

Experience

Michael J. Lockerby is a partner with Foley & Lardner LLP and is co-chair of the Distribution & Franchise Practice and a member of the Appellate, Intellectual Property Litigation, Antitrust & Competition and Privacy, Security & Information Management Practices and the Automotive and Food & Beverage Industry Teams. He is former co-chair of the firm’s Washington, D.C. Litigation Department.

For the past 34 years as a trial lawyer, Michael 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, Michael 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 Michael 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, Michael 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.

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.