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Manufacturing & Distribution Litigation

“We have developed a litigation process which is designed to facilitate a prompt negotiated resolution.”

Litigation is inevitable in today’s ever-consolidating and changing business climate. Whether it is a termination case arising from a supplier or wholesaler-level consolidation, an action to repel predatory actions by another consolidating wholesaler, or an action to protect and preserve contractual or statutory rights, Hochheiser & Akmal’s attorneys possess extensive experience to protect our client’s manufacturing and distribution businesses. Simply stated, our primary business focus is manufacturing and distribution. We understand the challenges that manufacturers and wholesalers face in the market, and how a breakdown in the manufacturer-wholesaler relationship can lead to diminished revenues on both sides of the relationship. We also know that litigation causes both parties to re-direct valuable resources away from revenue generation.

We have developed a litigation process which is designed to facilitate a prompt negotiated resolution. Our litigation strategy is based upon the Theodore Roosevelt quote that it is best to “speak softly and carry a big stick”. For us, the “big stick” comes from three sources. First, implementation of procedures and processes before a dispute arises that affords our clients significant leverage. Second, in those cases where we have not been able to implement pre-dispute protections, our practical knowledge of the industry and the various national and international laws which govern the industry enables us to develop a pro-active litigation strategy which provides our clients significant leverage. Third, our litigators remain aggressive when trying cases as well as settling them.

Hochheiser & Akmal’s attorneys have successfully litigated cases impacting virtually all aspects of the manufacturer/distributor relationship in both state and federal cases throughout the United States, as well as in national and international arbitrations, including:

  • Wholesaler termination
  • Enforcing contractual and statutory rights
  • Territorial disputes
  • Brand extension claims
  • Partnership and corporate dissolutions
  • Partner and shareholder disputes
  • Antitrust and unfair competition issues
  • Claims arising out of the franchise sales process
  • Covenants not to compete
  • Fraud and misrepresentation claims
  • Labor and employment law issues
  • Misappropriation of trade secrets
  • Protection of intellectual property
  • Enforcement of warranties
  • Patent, trademark, and copyright protection and enforcement
  • Purchasing requirements disagreements
  • Creditor rights and secured transactions
  • Insolvency and bankruptcy
  • Real estate disputes
  • Regulatory compliance concerns
  • State disclosure and relationship law violations
  • Tortious interference with contract