On April 12, 2023, the Colorado legislature passed the Consumer Right to Repair Agriculture Equipment Act (the “Act”). Under the Act, manufacturers of “agricultural equipment” will be required to provide independent repair...more
Dealers, take notice: Choice-of-law provisions may be more significant than they appear. A recent decision issued by the United States Court of Appeals for the Ninth Circuit held that contractual choice-of-law provisions are...more
Equipment manufacturers are generally well aware of the onerous and often expensive equipment repurchase obligations they incur when terminating or non-renewing a dealer. But at least these repurchase obligations make some...more
A new bill introduced in the Oregon House of Representatives would make significant changes to the state’s franchise relationship statute, making the law dramatically more onerous for franchisors...more
For the first time in over a decade, the Federal Trade Commission is considering changes to its Franchise Rule. The Rule represents an effort by the Commission to prevent unfair and deceptive practices by franchisors against...more
A new trading platform is in the works for family offices, which will simplify the deal-making process for private market securities. ShareNett Holdings LLC — a membership-based investment platform serving family offices...more
8/18/2020
/ CFTC ,
Compensation ,
Exemptions ,
Family Offices ,
Hedge Funds ,
Investment Company Act of 1940 ,
Marketing ,
Private Equity Funds ,
Securities Act ,
Securities Regulation ,
Third-Party
Manufacturers and suppliers do not ordinarily think to check state franchise or product distribution statutes when terminating a third-party sales representative, and for good reason: sales reps are mostly regulated...more
One of the most important tools manufacturers and franchisors have available to manage their networks are the agreements they sign with their channel partners. Significant time and effort go into those contracts, ensuring...more
Manufacturers and franchisors often think of so-called “anti-waiver” provisions in state law as being absolute and unavoidable. But this is not always the case. As a recent decision from the District of New Jersey...more
Over the past few years, many manufacturing industries have faced a new trend: reseller (i.e., distributor or dealer) consolidation within channel networks. From the manufacturer’s standpoint, there is clear upside to this...more
12/27/2019
/ Acquisitions ,
Contract Termination ,
Contract Terms ,
Dealers ,
Distributors ,
Industry Consolidation ,
Manufacturers ,
Mergers ,
Resales Agreements ,
Risk Management ,
Supply Chain ,
Transfer of Control
Leaving behind an underperforming dealer or distributor relationship for a new one can be exciting for manufacturers and suppliers. It’s always a good feeling to get a part of the business turned around and headed in the...more
On June 22, 2017, the Wisconsin Supreme Court took a 3-Iron to common intuitions about who is, and who is not, a dealer protected by the Wisconsin Fair Dealership Law (WFDL). In Benson v. City of Madison, 2017 WI 65, the...more
When can top executives in large corporations and other organizations avoid testifying in litigation involving the organization? Under a recent ruling by Federal Judge William Conley of Madison, the answer turns, in part, on...more
Most commercial litigators know that a circuit court will enforce an arbitration agreement as long as a given dispute falls within the agreement’s scope. What is or is not within the scope of an agreement, however, has not...more