Law Brief®: Mark Rosenberg and Richard Schoenstein Discuss Online Distribution Leakage
Nota Bene Episode 135: Europe Q3 Check In: Brexit, Data Protection, and Block Exemption Regulations with Oliver Heinisch
Lyvette Mercado Velez, a dietitian, entered into a distribution agreement with Insulet Corporation, a leading medical device manufacturer, to promote and sell diabetes treatment products and services in Puerto Rico. Shortly...more
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
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
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
The U.S. District Court for the District of Puerto Rico has recently ruled on a case dealing with Puerto Rico’s Dealer’s Contracts Act, also known as Law 75. Law 75 prohibits principals or suppliers from impairing their...more
State legislatures across the country spent the first half of 2021 enacting laws that include several changes to warranty reimbursement obligations owed by suppliers to authorized dealers. Four states have new warranty...more
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
In recognition of the impact that Covid-19 has had on global companies involved in export operations, the Commerce Department’s Bureau of Industry and Security announced a streamlined process for companies to request a...more
Earlier this month, the Attorney General’s Office of the State of New York filed a lawsuit in New York Supreme Court against Hillandale Farms alleging that the company gouged egg prices during the COVID-19 pandemic....more
The COVID-19 crisis has led to increased scrutiny of pricing decisions by competition and consumer protection authorities around the world. Already, we have seen a rise in state, federal, and international enforcement efforts...more
Supply difficulties and price changes are focusing businesses and governments on laws and orders against hoarding and price gouging....more
Companies in the manufacturing, distribution, and retail sector are analyzing how to best navigate these unprecedented times. The Centers for Disease Control (CDC) and the World Health Organization (WHO) have worked to...more
When it comes to supply chains for complex conglomerates, thorough due diligence is key. That might sound obvious – of course you should know information about your suppliers and customers....more
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
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
The Third Circuit recently held in In re Remicade (Direct Purchaser) Antitrust Litigation that a direct purchaser’s antitrust suit alleging overpayment for a drug purchased pursuant to a distribution agreement with a...more
The case involved an AAA arbitration centering on the lack of performance under an exclusive distributorship agreement (EDA) that a medical supplier signed with a product manufacturer. The supplier failed to order sufficient...more
Have you or your company ever engaged with anyone else to sell novel products before filing a patent application or engaged someone to manufacture products using novel methods before filing a patent application? If so, then...more
The growth of e-commerce and the resulting increase in price transparency and price competition have a significant impact on companies’ distribution strategies and consumer behavior. While the emergence of e-commerce has the...more
When determining how to sell a product in the marketplace, there are a number of supply chain options from which to choose, each with its own set of legal implications. However, the primary consideration in determining how to...more
Sunvalley Solar, Inc. (“Sunvalley”), is a solar equipment distributor in California. It brought an action in California state court against CEEG (Shanghai) Solar Science & Technology Co., Ltd. and China Sunergy (Nanjing) Co.,...more
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
What does in-house counsel need to consider when reviewing pricing and marketing decisions in a dual-distribution system? The internet can extend the geographic reach of your product, but what issues must in-house counsel...more
Late last week, a district judge in Texas declared unconstitutional under the Texas Constitution a provision of the state’s Beer Industry Fair Dealing Law (i.e., the beer “franchise” law) that expressly prohibits a brewer...more
An appeal court in Frankfurt has asked the European Court of Justice to clarify the application of the competition rules to online sales. The Frankfurt court made its request in the context of a dispute between a leader in...more