News & Analysis as of

Distributors

US Supreme Court strikes death blow against forum shopping in mass actions by limiting personal jurisdiction

by DLA Piper on

On Monday, the US Supreme Court continued its recent trend of contracting personal jurisdiction in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County, No. 16-466, 582 U.S. ___ (2017) by holding...more

Supreme Court Tightens Personal Jurisdiction Requirements

by Benesch on

Determining whether a nonresident defendant is subject to a forum state’s jurisdiction became clearer on June 19, 2017, when the United States Supreme Court announced its decision in Bristol-Myers Squibb Co. v. Superior Court...more

New U.S. Supreme Court Opinion Concerning Specific Jurisdiction in U.S. Courts

The United States Supreme Court issued its long-awaited opinion in Bristol-Myers Squibb Co. v. Superior Court of San Francisco County, 582 U.S. ____ (2017). Fortunately, the Supreme Court resisted the opportunity to revisit...more

New Jersey Amends the Alcoholic Beverage Control Act to Address the Manufacture and Sale of Hard Cider and Mead – Part 1: The...

In recent years, a handful of companies have been manufacturing and selling cider and mead in New Jersey under a temporary authorization permit (“TAP”) issued under the NJ ABC Commissioner’s general powers. Those companies...more

The Challenge of Auditing and Monitoring Your Distributors

by Michael Volkov on

Whether you are in the high-tech industry and managing your channel partners (i.e. third-party distribution network), the pharmaceutical and medical device industry managing a complex network of distributors and...more

Africa Stand Up: Strengthening supply chains – the key challenge for Africa

by Hogan Lovells on

Supply chain development is at the heart of any ability for Africa to "Stand Up". Without urgent improvement Africa risks remaining a supplier of primary materials to which others add value, leaving it vulnerable to the...more

Court Opinion on Liability for Re-Exports to Iran Spurs Practical Guidance for U.S. Exporters

by Perkins Coie on

A recent federal appeals court decision addresses a familiar issue for many companies: When can a U.S. exporter be liable for a product that is re-exported to a sanctioned country, such as Iran? This update summarizes the...more

EU & Competition Law Update – June 2017

by Bryan Cave on

Hope for a Cleaner Brexit After ECJ Ruling - In a ruling which is likely to have positive implications for a possible Brexit deal, the European Court of Justice (ECJ) on 16 May 2017 opened up the ability of the EU...more

Clarity on Manufacturer – Distributor Trademark Ownership in Third Circuit

On April 18, 2017, the Third Circuit issued an opinion in Covertech Fabricating, Inc. v. TVM Building Products, Inc., clarifying the test for determining trademark ownership between a manufacturer and distributor, where no...more

Manufacturers: Avoid this Issue—Register Your Trademarks!

by Ballard Spahr LLP on

If you are a manufacturer and allow your distributors to use your unregistered trademarks without a contract, the Third Circuit just issued a decision that could help you retain ownership of those marks....more

Who Owns That Trademark - The Manufacturer or the Exclusive Distributor?

by Dorsey & Whitney LLP on

The Court of Appeals for the Third Circuit, with a ringing endorsement of Prof. McCarthy’s trademark law treatise, issued a precedential opinion last week on the issue of whether a trademark is owned by the manufacturer or...more

Client Alert: Changes Brewing? How North Carolina's ABC Omnibus Legislation (House Bill 500) Would Affect Your Business

Changes are brewing as the North Carolina General Assembly considers proposed amendments to the brewery self-distribution cap, beer franchise laws, and off-premise container sales (i.e., “crowlers”), among other changes. ...more

New Beer Reporting Requirement Form Released

With the passage of Act 166 of 2016, effective January 17, 2017, Pennsylvania licensed breweries must now report to the Pa.L.C.B. the volume of malt or brewed beverages sold at their premises to consumers and...more

Court Finds Manufacturer/Distributor Relationship Does Not Create An Informal Fiduciary Relationship

by Winstead PC on

In Samsung Electronics America v. Chung, Samsung Electronics America, Inc. (“Samsung”) filed suit against All Pro Distributing, Inc. (“All Pro”) and certain former employees alleging claims for breach of fiduciary duty and...more

Form Drug Distribution Services Agreements May Not Be Formulaic

by Arnall Golden Gregory LLP on

Vanilla-looking form agreements may contain or omit terms that are important to one or both parties. We were recently reminded of the danger of entering into form pharmaceutical distribution services agreements. Although...more

Demand Letters Protected by the Noerr-Pennington Doctrine

In Silverhorse Racing LLC v. Ford Motor Co., [Civ. Action No. 6:16-cv-00053] (M.D.Fla. January 30, 2017), the Court granted Ford Summary Judgment that the act of sending Demand Letters to Silverhorse’s distributors was...more

French Legal and Regulatory Update – December 2016

by Hogan Lovells on

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for December 2016. Please see full...more

Court Finds Apple is a Distributor of iPhone Apps, Allows Antitrust Suit

In a significant Illinois Brick decision, the Ninth Circuit recently issued an opinion concluding that consumers who purchase apps from Apple’s “app store” directly purchase those apps from Apple, which acts as a distributor....more

January EU Retail News

by Bryan Cave on

Brands Expanding Internationally Should Embrace Competition-Conscious Luxury Goods Licences - The licensing of luxury goods in Europe, where a supplier sells goods to a certain approved distributor to sell on its...more

Expanded Requirements for Expanded Access: The 21st Century Cures Act Places New Requirements on Manufacturers and Distributors

by Arnall Golden Gregory LLP on

The 21st Century Cures Act (Cures Act) makes a number of changes affecting the pharmaceutical and biologics industries, and AGG previously has written on some of these changes. This update will focus on how the Cures Act...more

The Road to Recall: Evaluating Defects for Substantial Product Hazard

by Stinson Leonard Street on

The U.S. Consumer Product Safety Commission (CPSC or the Commission) is the regulatory agency responsible for protecting the public from unreasonable risks of injury and death associated with consumer products. Pursuant to...more

DC Council Passes Amendments to Alcohol Beverage Code

by McDermott Will & Emery on

In early December 2016, the Council of the District of Columbia (the Council) unanimously passed the Omnibus Alcoholic Beverage Regulation Amendment Act of 2016 (the Act). The Act amends a number of provisions of DC’s alcohol...more

December 2016 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

In our update for last month’s developments in this area of the law, we report on five significant court cases involving companies in the transportation industry that use ICs as an integral part of their business model. Each...more

Pa.L.C.B. Releases Summary of Act 166 of 2016

On December 22, 2016, the Pa.L.C.B. released a summary of Act 166 of 2016, which will become effective on January 17, 2017. The summary outlines the many changes to the Pennsylvania Liquor Code brought on by Act 166. We...more

Sixth Circuit Affirms Ohio Federal Court’s Ruling Denying Motion To Compel Arbitration Because Arbitration Clause In An Expired...

by Carlton Fields on

This case involves a dispute between Shandong Linglong Tire Co. Ltd., a Chinese tire manufacturer, its Thai and U.S. subsidiaries (collectively, “Linglong”) and Horizon Tire, Inc., Linglong’s U.S. distributor. A brief...more

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