News & Analysis as of

Contract Termination Manufacturers

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

Foley & Lardner LLP

Wait, Why Am I Picking Up Your Tab? Iowa Considers Requiring Equipment Repurchases Where the Dealer Initiates Termination

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Equipment manufacturers are generally well aware of the onerous and often expensive equipment repurchase obligations they incur when terminating or non-renewing a dealer. But at least these repurchase obligations make some...more

Foley & Lardner LLP

Botched Termination Leads to Preliminary Injunction, Trapping Manufacturer With Distributor

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A recent federal court decision serves as a cautionary tale for manufacturers looking to terminate resellers (dealers or distributors) in their distribution networks. When weighing and executing a termination, manufacturers...more

Dechert LLP

Impacts of COVID-19 on the Performance of Contracts Under German Law

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Key Messages - COVID-19 constitutes a Force Majeure event - if epidemics or pandemics are expressly provided for in the agreement as qualified Force Majeure circumstances and - if acts or orders of the German...more

Society of Corporate Compliance and Ethics...

Note stashed in Christmas card connected to alleged forced labor

Report on Supply Chain Compliance 3, no. 1 (January 9, 2020) - A young girl in the United Kingdom found a note allegedly written by prisoners in a Shanghai factory that produces charity Christmas cards. The note said, “We...more

Foley & Lardner LLP

Evaluating Transfers and Terminations in Increasingly Consolidated Reseller Networks

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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

Foley & Lardner LLP

Supply Chain Agreements: Structuring Key Provisions

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The modern day supply chain is ever more complex. Add to that the fact that it is under an almost daily attack from the current political climate. This creates an environment of uncertainty that is a good reason to reassess...more

Ruder Ware

Review Business Contract Carefully

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Agricultural producers are often asked to enter into written contracts. Those contracts can cover a wide range of issues including buying equipment, leasing property and selling products. Although the subject matter varies...more

Lewitt Hackman

Franchisor 101: No Need for Good Cause

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A Wisconsin federal judge granted summary judgment in favor of a food service and cleaning equipment maker (“Stoelting”), ruling that minimum purchase requirements under two dealer agreements were not a franchise fee under...more

Foley & Lardner LLP

Mitigating the Risks Involved With Ending a Business Relationship

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All good things must come to an end. So it is in life, and so it is in business. Eventually all business relationships, including manufacturing relationships, will come to an end. Some relationships end with nary more than a...more

Foley & Lardner LLP

Key Provisions for Supply Chain Contracts

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In the manufacturing industry, a company’s supply chain can be a source of both risk and value. By paying careful attention to the terms of its supply chain contracts, a company can help to mitigate its risks while at the...more

Butler Snow LLP

The Sixth Circuit Confirms What We Already Should Know — It Can Be Challenging to Enforce an Arbitration Provision in an Expired...

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A unanimous panel of the Sixth Circuit recently rejected a manufacturer’s attempt to compel arbitration under an expired contract in Linglong Americas, Inc. v. Horizon Tire, Inc. The manufacturer and its distributor entered...more

Carlton Fields

Using Independent Sales Representatives to do Business in the United States

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Domestic and foreign manufacturers and suppliers that sell their products at wholesale in the United States may benefit from contracting with local independent sales representatives in the United States to help promote sales...more

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