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I. Introduction A. Who does this apply to? 1. Franchisors 2. Entities using independent contractors/sub-contractors 3. Companies with inter-connected operations using the same workers B. The Legal Standards C. Two…
I. Overview A. If you are growing your international distribution presence, then you likely will be subject to international arbitration provisions in your contract 1. International arbitration provides for a…
I. Overview of Statutory Background A. It is important to understand how your channel-partner relationship is defined. Numerous state statutes regulate the relationship between suppliers/manufacturers and their franchisees, dealers/distributors, and/or…
Introduction: It is not every year that we see a landmark distribution and franchise case. This year, one of the most significant decisions by a court is Vazquez v. Jan-Pro…
I. Preliminary Investigation and Analysis A. Gather and review all relevant documents, printed and electronic, regarding the relationship; make sure the files of all persons potentially having relevant information are…
I. Introduction. Face to face visits to your franchisees, dealers, and distributors are not a luxury. Rather, they are a necessity for the well-being of your system or network. They…
I. INTRODUCTION: A. 49 years after the first Earth Day, environmental law has fragmented beyond permitting to product labeling, shipping, end use, energy efficiency, and advertising claims. B. Federal and…
I. FCPA Overview A. Importance of anti-corruption compliance 1. The Risks a. Substantial criminal fines and penalties b. Imprisonment for individuals c. Investigation costs (e.g., professional fees, legal fees, accounting…
1. Refresher on Antitrust Basics for Common Distribution Issues a. Antitrust remains a key consideration for distribution b. Section 1 of the Sherman Act i. Prohibits contracts, combinations and conspiracies…