I. Efforts Clauses in Distributor or Franchise Agreements – Ubiquitous (But What Are They Good For?) A. A distributor would never agree to enter into a contract making it the…
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I. Protecting Your Right To Get Paid A. Key Terms & Conditions 1. Clear Price & Payment Term a. Set a clear terms and conditions for price and payment. b….
I. International Trade Risks for Importers A. The Trump Administration’s New International Trade Approach 1. The New Trade Approach a. Wholesale rewrite of trade rules i. Appointment of trade hardliners,…
I. Introduction II. Sometimes a Demolitions Expert is Needed A. Termination for Reasons that are Core to the Relationship 1. Fraud 2. Failure to pay, esp. repeated or prolonged failures…
I. An Antitrust Refresher A. Section 1 of the Sherman Act 1. Prohibits contracts, combinations, and conspiracies that unreasonably restrain trade B. Section 5 of the FTC Act 1. Prohibits…
I. Before the Storm: Distributor/Franchisor Strategies Prior to a Dealer/Franchisee Bankruptcy Filing A. Amend the Distribution/Franchise Agreement 1. “Ipso Facto” Clauses Are Not Enforceable 2. Anti-Assignment Provisions Probably Are Enforceable…