“Our Distribution Practice has developed solutions on a national and international basis that enable manufacturers to have more influence and control over the performance of their distributors as well as preserve their rights to terminate non-performing distributors under the laws of the particular jurisdiction in question with minimum liability.”
Attorneys in our Distribution practice have experience representing domestic and international companies across a multitude of industries with the preparation, implementation, and termination of distribution and sales representative relationships. Our lawyers have extensive experience in establishing distribution systems for companies all over the world, which includes preparing and implementing sales representative and distribution agreements and e-commerce based ordering solutions. Since the territory or jurisdiction in which a sales representative and distribution relationship operates plays a significant role in such representatives or distributor’s rights, our attorneys emphasize utilizing in-depth knowledge of the local law and experience across different subject matters and in various jurisdictions to deal with issues such as post-termination compensation obligations, potential labor and employment, tax and other issues.
The attorneys in our Distribution Practice have developed solutions on a national and international basis that enable manufacturers to have more influence and control over the performance of their distributors as well as preserve their rights to terminate non-performing distributors under the laws of the particular jurisdiction in question with minimum liability. Our solutions include:
- A documented sales representative or distributor system which is designed to: (i) establish reasonable performance monitoring controls, (ii) preserve and capture customer-based intangible assets and intellectual property rights in the distributor’s territory, (iii) preserve termination rights so that non-performing representatives or distributors can be terminated with minimum liability, and (iv) implement sales representative and distributor electronic quoting and purchase order tools.
- A simple, but effective mechanism for limiting flow-through liability to a manufacturer for actions of its sales representative and distributor which can be unilaterally implemented by the manufacturer.