Upcoming Seminar

27th Annual Law of Product Distribution & Franchise Seminar: Building Prosperity

When:
September 6, 2018

Where:
Foley & Larder LLP
321 North Clark Street
Suite 2800
Chicago, IL
60654-5313

Since 1992, Foley’s Distribution and Franchise attorneys have hosted their nationally recognized and acclaimed Law of Product Distribution & Franchise Seminar. The program provides in-house counsel and business executives with a variety of educational sessions in distribution and franchising law.

Below, please find the presentation content from this year and previous years’ seminars.

2017 Seminars

April 19, 2018 in 2017 Seminars, Litigation, Arbitration, and Other Forms of ADR, Seminars, Training Modules

Recent Developments in Class Actions, Consumer Protection Suits, and Arbitration Agreements

I. Particular Popular Subject Areas of Interest A. Privacy class actions 1. Growing challenges to data security 2. Had been frequently dismissed for lack of standing or compensable injury, but…
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April 19, 2018 in 2017 Seminars, Industry, Litigation, Arbitration, and Other Forms of ADR, Manufacturing, Seminars, Training Modules

Ratcheting up Standards: Improving Performance Without Busting the Litigation Budget

I. Introduction A. From the standpoint of the manufacturer or franchisor, an independently owned outlet—whether it is a dealership, a distributorship, or a franchise—is typically most effective when the outlet…
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April 19, 2018 in 2017 Seminars, Establishing the Relationship, Seminars, Training Modules

The Ins and Outs of the Attorney-Client Privilege for In-House Counsel

I. Source of the Privilege A. Common Law: 1. “The attorney-client privilege is the oldest of the privileges for confidential communications known to the common law.” Upjohn Co. v. United…
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April 19, 2018 in 2017 Seminars, D&F and Privacy Law Compliance in Cyberspace, Intellectual Property and Non-Competes, Seminars, Training Modules

Recent Developments in Class Actions, Consumer Protection Suits, and Arbitration Agreements

I. Overview and Trends A. Class action filings in state and federal courts have risen from 10,240 filings in 2014 to 13,488 filings in 2016, and are projected to climb…
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April 19, 2018 in 2017 Seminars, Changing the Relationship, Food & Beverage, Seminars, Training Modules

Getting in the Right Gear: Best Practices for Compliance Programs

I. Why Care About Compliance? A. Regulators Care 1. e.g. DOJ, SEC, DEA, FDA, EPA, State OIGs B. Industry Standard in 2017 C. “Good business and good common sense” 1.…
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April 19, 2018 in 2017 Seminars, Intellectual Property and Non-Competes, Seminars, Training Modules

Reaping What You Sow: Protecting Your Future Yields with Non-Competes and Trade Secret Law

Recent Developments in Noncompete and Trade Secrets Law I. General Refresher on Case Law Governing Noncompete Agreements a. Overview: i. Differing legal standards apply when analyzing the enforceability of a…
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April 19, 2018 in 2017 Seminars, Industry, Litigation, Arbitration, and Other Forms of ADR, Manufacturing, Seminars, Training Modules

Mitigating The Risks Of Commercial Litigation: An Ounce Of Prevention Vs. A Pound Of Cure

I. Approach To Litigation A. Downsides of litigation are well known: 1. Out-of-pocket costs 2. Diverts attention and resources 3. Unpredictable and inefficient B. Prevention 1. Companies can take simple…
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April 19, 2018 in 2017 Seminars, D&F and Privacy Law Compliance in Cyberspace, Seminars, Training Modules

Data Privacy and Security Best Practices: Lessons Learned in Litigation

I. State of the World A. Cyber Risk Reality 1. “here are only two types of companies: those that have been hacked and those that will be. And even they…
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April 18, 2018 in 2017 Seminars, Changing the Relationship, Seminars, Training Modules

Sand In The Gears: Turning Dealers Into Accidental Franchisees

I. Who Sells Your Products? A. Dealers 1. A dealer or distributor is usually defined as a contract or agreement by which the dealer or distributor (1) is granted the…
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April 17, 2018 in 2017 Seminars, Changing the Relationship, Ending the Relationship, Industry, Manufacturing, Seminars, Training Modules

The Termination From Hell (and Tips to Avoid One)

I. Background Facts Greensward Croft, Inc. is a Milwaukee, Wisconsin based manufacturer of agricultural and grounds maintenance equipment, which they sell through a network of more than 60 dealers across…
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April 17, 2018 in 2017 Seminars, Antitrust and Unfair Competition, International D&F Relationship Issues, Seminars, Training Modules

International Trade & Investment Under the Trump Administration: Risks and Opportunities

What to Expect from the New Administration President Trump’s Promises Free trade no longer works Losses of U.S. manufacturing jobs are the fault of other governments China steals U.S. intellectual…
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March 22, 2018 in 2017 Seminars, Automotive, Changing the Relationship, Ending the Relationship, Energy/Fuel, Establishing the Relationship, Food & Beverage, Industry, Manufacturing, Seminars, Training Modules

The Exceptions That Prove the Rule: Using Franchise Exclusions and Exemptions to Your Advantage

Being a franchisor means being subject to significant regulation of the relationship with your franchisees. Pre-sale registration and disclosure Federal: 16 CFR Part 436 State Pre-sale disclosure: California, Hawaii, Illinois,…
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March 22, 2018 in 2017 Seminars, Automotive, Changing the Relationship, Ending the Relationship, Energy/Fuel, Establishing the Relationship, Food & Beverage, Industry, Litigation, Arbitration, and Other Forms of ADR, Manufacturing, Seminars, Training Modules, Warranty and Product Liability

Top Ten Cases of 2016-17

What is equipment? McCarthy Integrated Sys. v. Evoqua Water Tech., 379 P.3d 263 (Ariz. Ct. App. 2016):  The Arizona Court of Appeals determined that the Arizona Equipment Dealers Act includes…
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March 22, 2018 in 2017 Seminars, Advertising and Marketing, Automotive, D&F and Privacy Law Compliance in Cyberspace, Energy/Fuel, Food & Beverage, Industry, Manufacturing, Seminars, Training Modules

Resale Price Maintenance & Minimum Advertised Price (“MAP”) Policies: Where to Draw the Line to Maximize Growth

Overview: Antitrust constraints on efforts to direct the advertising of resale prices A minimum advertised price (“MAP”) policy is a supplier’s policy that resellers not advertise prices below a price…
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March 22, 2018 in 2017 Seminars, Advertising and Marketing, Automotive, Energy/Fuel, Industry, Manufacturing, Seminars, Training Modules

Keeping It Legal: An Advertising Law Primer

How are Advertising Issues Usually Raised? complaints by competitors enforcement by FTC, FDA or USDA complaints by consumers (more…)
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March 18, 2018 in 2017 Seminars, Antitrust and Unfair Competition, International D&F Relationship Issues, Seminars

From Globalization to Regionalization: Managing Trade Compliance in the Trump Era

I. Introduction A. Enforcement Trends B. Priority Enforcement Areas 1. Economic Sanctions (OFAC) 2. Export Controls (ITAR and EAR) 3. Anti-Bribery & Corruption (FCPA & UKBA) 4. Anti-Money Laundering (AML)…
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March 18, 2018 in 2017 Seminars, D&F and Privacy Law Compliance in Cyberspace, Seminars, Training Modules

Green Eggs and Spam: From CAN-SPAM to CASL, Your Daily Compliance Filling of Electronic Marketing Laws

Practical Considerations to Email Campaigns   I. Framework for Analyzing Electronic Messages A. Does CAN-SPAM/CASL apply? B. Is consent needed? C. Has an appropriate opt-out mechanism been provided? D. What…
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March 18, 2018 in 2017 Seminars, Antitrust and Unfair Competition, Automotive, Energy/Fuel, Food & Beverage, Industry, Manufacturing, Seminars, Training Modules

Foreign Corrupt Practices Act: Overcoming Compliance Paralysis

I. FCPA Overview A. Importance of anti-corruption compliance B. Elements of the FCPA (15 U.S.C. §78dd-1, et seq.) 1.   Anti-Bribery Provision a.     Corruptly; b.     Offering, promising, authorizing, or…
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March 18, 2018 in 2017 Seminars, Antitrust and Unfair Competition, Automotive, Energy/Fuel, Food & Beverage, Industry, Manufacturing, Seminars, Training Modules

Third Party Anti-Corruption “Red Flags”

“Red flag” is a term of art in the FCPA/anti-corruption compliance world.  The presence of a red flag does not necessarily mean that illegal conduct has occurred or that the…
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March 14, 2018 in 2017 Seminars, Automotive, Changing the Relationship, Energy/Fuel, Food & Beverage, Industry, Manufacturing, Seminars, Training Modules

Procedures and Criteria for Evaluating Proposed Franchise/Dealership Transfers

Introduction Manufacturers/franchisors typically exercise great caution in vetting potential dealers/franchisees before awarding the dealership or franchise Similar care ought to be exercised when deciding whether to allow an existing dealer/franchisee…
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March 14, 2018 in 2017 Seminars, Establishing the Relationship, International D&F Relationship Issues, Seminars, Training Modules

Emerging Markets: Expanding Distribution in Latin America

Overview Establishing the Relationship Select Jurisdictions:  Brazil, Colombia, Mexico, and Puerto Rico (more…)
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March 14, 2018 in 2017 Seminars, Antitrust and Unfair Competition, Seminars, Training Modules

What Every Lawyer Should Know About Antitrust Issues with Dealers and Distributors

Key antitrust statutes for distribution issues Section 1 of the Sherman Act Section 3 of the Clayton Act Robinson-Patman Act (more…)
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