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Distributors Sales & Distribution Agreements

BCLP

Paris Litigation Gazette - Issue 5 - February 2024

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On 18 October 2023, the Commercial Division of the French Supreme Court (Court of Cassation) issued a noteworthy ruling, in which it judged its own case law on restrictive competition practices to be "complex", a source of...more

Lathrop GPM

Puerto Rico Federal Court Denies Distributor’s Motion for Preliminary Injunction to Allow Distributor to Continue to Sell...

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A federal court in Puerto Rico denied a distributor’s motion for a preliminary injunction, finding that justice would not be served by reinstating the relationship between the parties after it was effectively terminated. Nilo...more

Lathrop GPM

Massachusetts Federal Court Grants Manufacturer’s Motion to Dismiss Distributor’s Franchise Law Counterclaims

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A federal court in Massachusetts has dismissed franchise claims brought against a manufacturer, concluding that the distributor had failed to identify a franchise fee that would qualify it for protection from non-renewal...more

Lathrop GPM

California Federal Court Declares Arbitration Clause Unenforceable

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In Munoz, v. Earthgrains Distribution, LLC, 2023 WL 5986129 (S.D. Cal. Sept. 13, 2023), the plaintiffs, members of a class of independent distributors of baked goods for Earthgrains and other bakeries, alleged that they were...more

Robinson+Cole Manufacturing Law Blog

Strategies for Manufacturers Who Wish to Exit Distribution Agreements Without Protracted Litigation

When negotiating distribution agreements, sometimes manufacturers overlook the significance of termination clauses. After all, if you are in the process of making an agreement with a new distributor, why take the time to...more

Tarter Krinsky & Drogin LLP

Law Brief®: Mark Rosenberg and Richard Schoenstein Discuss Online Distribution Leakage

On the latest Law Brief® episode, Host Rich Schoenstein is joined by Intellectual Property Partner Mark Rosenberg to talk about secondary sales of products on the internet, including the Amazon Marketplace. Mark explains how...more

BCLP

Competition and Distribution Law Newsletter - BCLP Paris - December 2021

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This newsletter focuses on two recent legal updates in the agri-food sector: ..The Egalim 2 Law, adopted on 19 October 2021, is aimed to grant guaranties to the French food sector. More specifically, this law intends to...more

Hogan Lovells

MDCG guidance on QMS certification of distributors/importers relabeling, repackaging medical devices

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In August 2021, the MDCG issued guidance MDCG 2021-23 for notified bodies, distributors and importers on certification activities in accordance with Article 16(4) of Regulation (EU) 2017/745 and Regulation (EU) 2017/746. The...more

Sheppard Mullin Richter & Hampton LLP

Sharing Motion Picture Materials: Practical Considerations

There are a number of issues relating to distribution that arise in split rights deals for motion pictures. Whether it’s an acquisition, co-production or co-financing arrangement, one of the more important deal points is what...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 135: Europe Q3 Check In: Brexit, Data Protection, and Block Exemption Regulations with Oliver Heinisch

We’re checking in with our Europe-based expert on the latest European updates and upcoming changes for the third quarter of 2021 including updates on Brexit, European Union (EU) data protection policies, block exemption...more

Tarter Krinsky & Drogin LLP

Controlling Online Distribution Leakage By Unauthorized Sellers

One of the biggest frustrations for brand owners is seeing their products sold through unauthorized distribution channels such as on the Amazon Marketplace. Carefully controlled brand experiences and minimum advertised...more

Gibney Anthony & Flaherty, LLP

Understanding the Distribution Agreement: A Checklist for Best Practices

In the early stages of doing business in the US, it may be too soon for a company to form its own U.S. sales organization. There are several ways to enter the US market without a full sales force. One option is for companies...more

Seyfarth Shaw LLP

Tesla Is The Clear Winner in the Battle With Michigan

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Seyfarth's Future of Automotive Series - After three years of litigation, two appeals to the Sixth Circuit, and with a February 4, 2020 trial date looming, electric automobile manufacturer Tesla and the State of Michigan,...more

Kramer Levin Naftalis & Frankel LLP

Aumento dei prezzi e forza maggiore: quanto è importante scrivere correttamente le clausole dei vostri contratti

Con parere n. 19-9 del 25 ottobre 2019, la Commission d’examen des pratiques commerciales (la "CEPC") ovvero la Commissione francese per la valutazione delle pratiche commerciali, che ha il compito di vigilare sull’equilibrio...more

Butler Weihmuller Katz Craig LLP

And You Are Not Done; The Future Of Products Liability Claims Against Amazon Still Uncertain

This past summer, the Third Circuit Court of Appeals issued a seminal opinion in Oberdorf v. Amazon.com, Inc., which held Amazon could be liable as a seller for products sold by third parties on its website. The issue however...more

Seyfarth Shaw LLP

California Adopts Major Changes to Warranty Reimbursement Requirements Effective January 1, 2020

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On October 12, 2019, California governor Gavin Newsom signed into law Assembly Bill 179 (A.B. 179), a bill that will make significant changes to the warranty reimbursement provisions of the California Vehicle Code effective...more

Kramer Levin Naftalis & Frankel LLP

Relazioni commerciali fra imprese in Francia : le novità in materia di negoziazione introdotte dalla legge EGalim

Con l’inizio delle negoziazioni commerciali, bisogna tener presente che le novità introdotte dalla c.d. legge EGalim (n° 2018-938 del 30 ottobre 2018) per l’equilibrio delle relazioni commerciali nel settore alimentare e...more

Barnea Jaffa Lande & Co.

The Difference between a Distributor and an Agent in the Law's Eyes

Do you sell, market, or distribute someone else’s goods in Israel? Your role, whether as a distributor or as an agent, affects the rights you are entitled to by law. If you act as a commercial agent and not as a...more

Hogan Lovells

Selective Distribution & Online Sales: Higher Regional Court of Frankfurt confirms CJEU findings and provides further guidance

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After the Court of Justice of the European Union (CJEU) had issued its landmark judgment in the Coty case on reference for preliminary ruling, the Higher Regional Court of Frankfurt (HRC Frankfurt) has issued its now...more

BCLP

EU & Competition Law Update – August 2017

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The UK Government’s Brexit strategy took another step forward on 13th July 2017 with the publication of the European Union (Withdrawal) Bill, commonly referred to as the “Great Repeal Bill”. There was not much of a fanfare...more

Lewitt Hackman

FRANCHISEE 101: Cold Brew Remedy

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Beer distributors can be on common footing with their franchisee counterparts in bargaining with brewers or suppliers. Depending on the jurisdiction, distributors may have protection through beer distribution statutes...more

McDermott Will & Emery

Whose Unregistered Trademark Is It Anyway?

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Expressly adopting for the first time a test to determine whether a manufacturer or distributor is the owner of an unregistered trademark in the absence of a contractual ownership clause, the US Court of Appeals for the Third...more

Carlton Fields

Rules of the (International) Road, Brexit, PPP as a New Tool for Argentina, and Keeping Non-U.S. Companies Safe from Suit (Expect...

Carlton Fields on

- Post-Daimler: Are Non-U.S. Companies Safe from Suit in U.S. Courts? What if the Non-U.S. Parent Registers to Do Business in a State? - Rules of the (International) Road: Choosing and Appointing a Distributor ...more

Carlton Fields

Rules of the (International) Road: Choosing and Appointing a Distributor

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Appointing an agent to sell to businesses in your chosen country on your company’s behalf may be a good first step toward penetrating a foreign market, as we previously discussed in Rules of the (International) Road: Make and...more

Lewitt Hackman

FRANCHISEE 101: Hawaiian Distributor May Be a Franchisee

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A long-standing distributor and licensee of Harley-Davidson motorcycles in Hawaii was entitled to proceed on its claim that the business relationship with Harley-Davidson Motor Company, Inc. was a "franchise" under Hawaii's...more

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