Sales

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Finding Clients by Telling Stories

On the morning of Halloween 2003, 13-year-old Bethany Hamilton was surfing close to her home on the island of Kauai. Bethany had big plans. She was training for her next surf competition, a stepping stone for bigger...more

Seven Key Clauses in a Vessel Purchase Agreement

Vessel sales are a constant in the marine industry, even during downturns in the market. In fact, some see adverse market conditions as an opportunity to find bargains on vessels and other marine equipment. Once the buyer has...more

Auto Industry Record Breaking Sales Close Out 2015

The automotive industry ended 2015 with a bang, breaking the record with nearly 17.5 million sales of cars and light trucks. This tops the previous record of 17.35 million cars in 2000. In all, American consumers spent $570...more

Are Your Sales Practices Too Aggressive?

The Trade Descriptions Ordinance (TDO) prohibits traders from engaging in aggressive commercial practices, including harassment, coercion, or exerting undue influence on customers. DLA Piper explores what employers and...more

Year-End Sales Targets and Anti-Corruption Compliance: A Potential Clash?

Even the most well-designed anti-corruption compliance programs often fail. Why? According to a new whitepaper from CREATe.org, top reasons include a failure to assess risks, lack of leadership, and insufficient human and...more

HIPAA Lessons from the Warner Chilcott Settlement

Last week, the US Attorney’s Office in Boston announced that drug company Warner Chilcott agreed to plead guilty to health care fraud and pay $125 million to resolve criminal and civil liability arising out of allegations...more

U.S. Auto Companies Report Best October in 10+ Years, Head Toward Record Year

The auto industry posted the strongest October sales in ten years—and even longer for some U.S. companies. The industry is capitalizing on low interest rates and low fuel prices across the U.S. to drive record sales....more

Deadline Extensions Possible for Expanded Retail Accountability Program

The rollout of the newly expanded Tennessee Retail Accountability Program is meeting with some opposition as the first reporting deadline under the 2015 changes in the program approaches. In response to these concerns, the...more

Potential Changes to Long-Term Care Licensure in Massachusetts

Regulations proposed by the Massachusetts Department of Public Health (“DPH”) may significantly change the procedure for state approval of nursing home sales and closures. Following public scrutiny around state inspection...more

European Auto Sales Remain Strong, While Chinese Auto Sales Continue to Sink

As we posted earlier this year, car sales in the European auto industry have been on the upswing for nearly two years. This continued in July as sales rose in Germany, France, Italy, and Spain. Spain posted the biggest gain,...more

The Maturing of China's Auto Market

The Center for Automotive Research held its 50th anniversary Management Briefing Seminars event last week in Traverse City, Michigan. The theme of the conference was “Competition Rules!” and featured an in-depth look at the...more

Privacy Policy Impacts RadioShack’s Sale of Customer Information

On April 10, 2015, RadioShack, and certain affiliated debtor entities, proposed a bankruptcy sale of certain assets, including Personally Identifiable Information (“PII”). Deposition testimony in the case revealed that, over...more

FTC Lobbies Michigan Legislature to Repeal Ban On Direct-to-Consumer Sale of Motor Vehicles by Auto Manufacturers

On May 11, the FTC released a statement regarding the agency staff’s May 7 letter to Michigan Senator Booher, which concerns pending SB 268 – an act to regulate the sale and servicing of automobiles. The proposed legislation...more

U.S.-Centered Negotiations for Product Made and Sold Outside United States Do Not Constitute Sale or Offer for Sale in United...

Halo Elecs., Inc. v. Pulse Elecs., Inc. and Pulse Elecs. Corp. - In a case exploring the limits of what constitutes a sale or offer for sale “within the United States” under 35 U.S.C. § 271(a), the U.S. Court of...more

ASIC reports on home insurance sales

Yesterday ASIC released two reports that highlight what we already thought we knew, that consumers generally don’t read the PDS to make a decision about taking out or switching insurance and that the regulatory framework is,...more

One Too Many: Oregon "Privatizes" Sale of Liquor, With Which North Carolina Has Also Flirted

North Carolina is an alcoholic beverage control state, meaning it is one of 17 states with a monopoly over the retailing of distilled spirits. North Carolina is also a "local option" state, which means that county and...more

Biobased Chemicals Market Expected To Grow By 15 To 18 Percent By 2025

A newly released analysis on the global chemical industry is predicting strong growth for the biobased sector. Consistent with findings released recently from Lux Research and RnR Market Research, Frost & Sullivan's analysis...more

Foreign LLCs Take Note: This Legislative Oversight May Affect You Too

Section 407 of the California Labor Code provides - Investments and the sale of stock or an interest in a business in connection with the securing of a position are illegal as against the public policy of the State and...more

Final Regulations Released Revising The Tax Treatment Of Sales-Based Royalties And Vendor Allowances

In December 2010, the IRS and Treasury proposed regulations that required the allocation of sales-based royalties and vendor allowances exclusively to property that has been sold (or for inventory property, deemed sold under...more

Distributor FAQ: As a distributor, can I use display booths to sell my company’s products? Is there a limit on the time I can...

As a distributor, can I use display booths to sell my company’s products? Is there a limit on the time I can spend selling at a booth? First, check the company policies, as they will be the guiding rule. Most companies...more

Distributor FAQ: In regards to event sales, such as fairs, kiosks, vending machines, etc., am I authorized to sell my company’s...

Most companies would prohibit sales in flea markets, swap meets, vending machines or garage sales. It is generally viewed that such locations dilute the value of the company’s products and opportunity. Companies typically...more

What Happens To A Covenant Not To Compete Upon The Sale Of A Business?

Be careful with covenants not to compete when you buy or sell a business. That's the lesson from Amerigas Propane, LP v. Coffey, 2014 NCBC 4, decided this week by Judge Jolly....more

Condominium Hotel Units: On the Benefits of Being a Security

The potential application of federal and state securities laws to the sale of condominiums when coupled with the opportunity to participate in a rental program (sometimes referred to as a "condohotel," "condominium hotel," or...more

"US M&A: Looking Back at 2013 and Forward to a Brighter 2014"

U.S. deal activity was the bright spot in an otherwise relatively muted global M&A market in 2013. Several large U.S. transactions were announced in the first two months of the year, and although deal volume for transactions...more

If a sales kit or startup fee is several hundred dollars then is that considered “frontloading?”

Frontloading generally refers to a process in which a MLM company, or a sponsoring consultant, encourages a new consultant to purchase far more than is commercially reasonable under the circumstances. Often the “push” is...more

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