News & Analysis as of

Sales & Distribution Agreements

FRANCHISEE 101: Thirty-one Flavors of Fees (Or Just One)

by Lewitt Hackman on

Baskin-Robbins charges a dairy supplier a so-called "commercial factor" fee for the right to make and sell Baskin-Robbins proprietary ice cream to franchisees. The supplier's pricing to franchisees includes an amount equal to...more

What is an ATM Offering?

by Sullivan & Worcester on

There are many ways for a public company to raise money, but one of the more increasingly popular choices is through an “at-the-market” or ATM offering, whereby a company can sell its securities into an existing trading...more

Does Arbitration Make Sense For Franchisors? A Litigator’s Perspective

by Mulcahy LLP on

Let’s face it; arbitration is not always the quicker, cheaper forum for parties to resolve their differences. Although arbitration does have the potential to be more economical and efficient than court, in practice, these...more

Massachusetts Court Dismisses Brand Owner’s Suit against Wholesaler

by McDermott Will & Emery on

Earlier this month, a Massachusetts Superior Court judge granted beer wholesaler Craft Beer Guild, LLC’s (Craft) motion to dismiss a civil suit, Shelton Bros., Inc. v. Craft Beer Guild, LLC d/b/a Craft Brewer’s Guild, brought...more

Consumer Purchases at Distributor Not Subject to Territorial Limitations

Following the passage of Act 166 of 2016, Distributor licensees were limited to selling beer to retail licensees located within the assigned territory of the Importing Distributor licensee that sold it the products. This was...more

EU & Competition Law Update – October 2017

by Bryan Cave on

When is a private company considered a public body and subject to the EU procurement rules? A recent European Court of Justice (“ECJ”) case has thrown up a novel legal issue which will be of interest to all public...more

Third Circuit Affirms Dismissal of Plaintiffs’ Challenge to Risk Factors and Earnings Projections, in Williams v. Globus Medical,...

A recent Third Circuit opinion demonstrates the high bar that plaintiffs face when attempting to plead the falsity of two categories of statements: (1) risk factors alleged to be misleading because the warned-of risk had...more

Accidental Franchise = Potential Lawsuits, Fines + Other Penalties

by Lewitt Hackman on

Business owners looking to expand may leave themselves vulnerable to several obvious losses, including those related to finance, brand identity, and customer loyalty. Resources, including exemplary human resources, are...more

Sixth Circuit Affirms Vacatur Of Arbitration Award Based On Prior Termination Of Sales Contract

by Carlton Fields on

The Sixth Circuit has affirmed an order vacating an arbitration award, agreeing with the district court that the mandatory arbitration clause at issue was unenforceable upon termination of the agreement in which it was...more

Gare d'ambito per l’assegnazione delle concessioni reti gas

Il 13 luglio u.s. abbiamo organizzato, in collaborazione con il Consorzio Concessioni Reti Gas, un workshop che ha avuto come obiettivo non solo quello di favorire un incontro-dibattito tra i player del mercato rilevante, ma...more

Tenders for Assignment of Gas Distribution Concessions

Last July we organized, jointly with the Consorzio Concessioni Reti Gas, a workshop aimed at promoting a conversation between the relevant market players taking stock of the situation of future legislative evolutions in the...more

Selective Distribution in the French Judicial Spotlight Again

by Bryan Cave on

French cosmetics company Caudalie had previously made headlines in a case decided on February 2nd 2016. In that case, Caudalie had applied for an injunction against an online marketplace to compel it to cease selling Caudalie...more

How To Find The Right Distributor For Your Craft Beer

by Mulcahy LLP on

According to the National Beer Wholesalers Association, licensed beer distributors offer more than 13,000 labels produced by some 3,464 U.S. breweries. With the number of craft breweries increasing by nearly 20% per year, the...more

EU & Competition Law Update – August 2017

by Bryan Cave on

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

Coty: Selective distribution and the luxury of prohibiting third party platform sales

by DLA Piper on

With the meteoric rise in internet selling, the permissibility of banning selective distributors from selling via "third party platforms" is a hotly debated topic across the EU, particularly in Germany and Austria. In...more

Selective distribution systems: AG Wahl advises to allow a ban on sales via online marketplaces

by White & Case LLP on

In his opinion in Coty, Advocate General ("AG") Wahl invites the European Court of Justice ("ECJ") to rule that a manufacturer operating a selective distribution system is, under certain conditions, allowed to prohibit its...more

FRANCHISEE 101: Cold Brew Remedy

by Lewitt Hackman on

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

One click away from a marketplace ban?

by Dentons on

Luxury brands can lawfully prevent their authorised dealers from selling their products on third party online platforms such as Amazon.com and eBay, according to Advocate General Wahl's Opinion for the European Court of...more

Negotiating Complex Agreements - Construction and Procurement Law News, Q2 2017

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

Whose Unregistered Trademark Is It Anyway?

by McDermott Will & Emery on

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

EU Retail News - June 2017

by Bryan Cave on

2017 is shaping up to be the year that the UK's Committee of Advertising Practice ("CAP") puts its foot down on how companies can advertise to children online. In recent months, CAP has published a multitude of guidance to...more

Cornerstones of pharma market antitrust investigation

by DLA Piper on

Recently, the Antimonopoly Committee of Ukraine provided number of certain actions aimed on enabling better understanding of the stance taken by the AMCU. Their activity is directed towards a number of important issues...more

European Commission opens antitrust investigation into Guess

by DLA Piper on

The European Commission has opened a formal antitrust investigation into clothing manufacturer and retailer Guess, whose distribution agreements and practices may illegally restrict retailers from selling cross-border to...more

Trailblazer Foods’ President Rob Miller discusses business acumen, industry growth in Pacific Northwest: Schwabe, Williamson &...

With all the branded products available in today’s grocery stores, what does it take for a private label manufacturing company to make it?...more

European Commission to enforce competition law against suppliers who restrict e-commerce

by Dentons on

The European Commission (EC) has now published its final report on the e-commerce sector inquiry....more

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