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Top Legal Issues Facing the Manufacturing Sector in 2023

Agility and resiliency remain essential attributes for manufacturers in 2023. Manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the...more

Colorado’s Consumer Right to Repair Agriculture Equipment Act

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

Air Conditioning Distribution Dispute Frozen Out of Arbitration

Air-Con and Daikin enjoyed a cooperative business relationship for the better part of 15 years. Beginning in 2000, Air-Con signed a written distribution agreement with Daikin Industries to be a “non-exclusive authorized...more

Knotty Pine Not Enough: Federal Court Says Not Enough Logs on the WFDL “Community of Interest” Fire for Cabin Builder

For nearly two decades, Rustic Retreats Log Homes, Inc. was the exclusive builder of Pioneer Log Homes in Wisconsin. Under the parties’ written distributorship agreement, Pioneer would provide customer leads for Rustic to...more

Evaluating Transfers and Terminations in Increasingly Consolidated Reseller Networks

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

The WFDL Is Broader Than You Think -- Lessons From Golf Pros

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

U.S. Supreme Court Declines to Hear Challenge to New Hampshire’s “Auto Dealer’s Bill of Rights”

The protracted challenge to New Hampshire Senate Bill 126, which amended New Hampshire’s Motor Vehicle Franchise Act to include farm, industrial, construction, forestry, and yard and garden equipment, has finally come to an...more

Like Dominoes: Vermont Follows New Hampshire’s Lead and Makes Drastic Changes to Its Equipment Dealer Statute

In a dealer-friendly move that is growing increasingly common, see here, Vermont recently made substantial changes to the law that governs the relationship between equipment manufacturers and dealers within the state. Much...more

Updates to New Hampshire’s “Dealer Bill of Rights”: What Equipment Manufacturers Need to Know

After two years of litigation, Senate Bill 126, which amended New Hampshire’s Motor Vehicle Franchise Act — the so-called “Auto Dealer’s Bill of Rights” (codified at RSA 357-C) — has survived scrutiny by the New Hampshire...more

Lawn Mowers and Wheelbarrows Are Now "Motor Vehicles" in New Hampshire

A statute just enacted in New Hampshire will subject tractors, farm implements, construction, industrial, and forestry equipment, and even lawn and garden equipment to the detailed regulatory regime applying to car...more

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