Archives – Foley Distribution & Franchise

2017

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…

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…

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…

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…

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.…

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…

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…

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…

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…

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…

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…

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,…

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…

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…

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…)

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)…

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…

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…

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…

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…

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…)

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…)

2016

December 8, 2016 in 2016 Seminars, Antitrust and Unfair Competition, Industry, International D&F Relationship Issues, Manufacturing, Training Modules

Compliance & Risk Management: Best Practices for Operating at Home and Abroad

U.S. Government Compliance Expectations Compliance Trends Endorsed by the Government Key Government Enforcement Areas (more…)

December 8, 2016 in 2016 Seminars, Antitrust and Unfair Competition, Automotive, Industry, Litigation, Arbitration, and Other Forms of ADR, Manufacturing, Training Modules

The Future of Distribution & Franchise Law – Trends and Predictions

The Top Cases of the Last 25 Years: What do they portend for the future? (more…)

December 8, 2016 in 2016 Seminars, Antitrust and Unfair Competition, Ending the Relationship, Industry, Manufacturing, Training Modules

Unravelling the “Substantial Change in Competitive Circumstances” Mystery

Hypothetical I am a supplier and I want to: Install another dealer within 10 miles of a current dealer, or Sell direct, or Impose a profit pass-over policy, or Take…

November 16, 2016 in 2016 Seminars, Industry, Litigation, Arbitration, and Other Forms of ADR, Manufacturing, Training Modules, Warranty and Product Liability

Dealer Litigation: Five Mistakes You Must Avoid

Disputes arise between Manufacturers and Dealers. Most such disputes can and should result in commercial resolutions. These are mistakes in these situations that need to be avoided. Five of the…

November 16, 2016 in 2016 Seminars, Antitrust and Unfair Competition, Automotive, Establishing the Relationship, Industry, Manufacturing, Training Modules

The Tesla Effect: When Dealers Laws Meet Licensing Requirements

Tesla is implementing a massive effort to change individual dealer and licensing laws across the country. In its turbulent wake is a host of changing state statutes with renewed attention to these laws…

November 16, 2016 in 2016 Seminars, Advertising and Marketing, Industry, Intellectual Property and Non-Competes, Manufacturing, Training Modules

Past is Prologue: What to Expect in Non-Compete and Trade Secret Protection

"And by that destiny" to perform an act, Whereof what's past is prologue; what to come, In yours and my discharge," The Tempest, Act 2, Scene 1 (Antonio urging Sebastian…

November 16, 2016 in 2016 Seminars, Antitrust and Unfair Competition, Changing the Relationship, Industry, Manufacturing, Training Modules

Substantial Change in Competitive Circumstances

Making a change to the way you do business with your dealer may require you to show "good cause". (more…)

November 16, 2016 in 2016 Seminars, Automotive, Bankruptcy and Creditors' Rights, Ending the Relationship, Industry, Manufacturing, Training Modules

Stay of Execution: How Bankruptcy Affects Your Relationship with Underperforming Dealers

What is bankruptcy, exactly? And what is it not? It is the orderly restructuring of the debtor's liabilities through the maximization of value of the debtor's assets. It is not…

November 16, 2016 in 2016 Seminars, Automotive, Ending the Relationship, Industry, Litigation, Arbitration, and Other Forms of ADR, Manufacturing, Training Modules

Dear Dealer: Drafting Termination Letters That Won’t Cost You Your Shirt

A roadmap, or outline, for successful terminations. (more…)

November 16, 2016 in 2016 Seminars, Changing the Relationship, Energy/Fuel, Establishing the Relationship, Industry, Manufacturing, Training Modules

Map to the Future: The 2016 Smiley Face Map and Updates to State Dealer Laws

The "Smiley Face" Map is an interactive resource that provides quick access to essential information about statutes governing product distribution and dealership/franchise relationships in all 50 United States, plus two…

November 16, 2016 in 2016 Seminars, Antitrust and Unfair Competition, Automotive, Industry, International D&F Relationship Issues, Manufacturing, Training Modules

Top 10 Antitrust Rules for Dealing with Distributors

A review of the most important Antitrust rules for when dealing with distributors. (more…)

November 16, 2016 in 2016 Seminars, Antitrust and Unfair Competition, Automotive, Changing the Relationship, Industry, Manufacturing, Training Modules

Resolving Price Discrimination Concerns over Pricing Policies: 25 years Later

To provide some historical background, the Robinson-Patman Act as assed by Congress in 1936 to address conduct that was perceived as unfair to smaller retail establishments. It outlines price discrimination, which means…

November 16, 2016 in 2016 Seminars, Antitrust and Unfair Competition, Automotive, Changing the Relationship, Industry, Manufacturing, Training Modules

Landmark Cases of the Last 25 Years

RIP, Dr. Miles: The Supreme Court’s cases rejecting per se illegality of resale price maintenance. (more…)

November 16, 2016 in 2016 Seminars, Antitrust and Unfair Competition, Automotive, Changing the Relationship, Industry, Manufacturing, Training Modules

A Pound of Flesh

Introduction In selling your products to dealers, there are essentially four practical arrangements that you can make for dealers to pay for what they buy: (more…)

November 16, 2016 in 2016 Seminars, Automotive, Ending the Relationship, Industry, Litigation, Arbitration, and Other Forms of ADR, Manufacturing, Training Modules

Arming Agreements with Arbitration: Preparing for Future Battles

Lessons from the Courts: Why you should consider arbitration (more…)

November 16, 2016 in 2016 Seminars, Changing the Relationship, Energy/Fuel, Food & Beverage, Industry, Intellectual Property and Non-Competes, Training Modules

Control Freaks: Protecting Your Trademark Rights

Why Do Trademark Owners Need to Control Licensees and Police Infringers? (more…)

November 16, 2016 in 2016 Seminars, Automotive, Industry, International D&F Relationship Issues, Litigation, Arbitration, and Other Forms of ADR, Manufacturing, Training Modules

Resolving International Disputes Through Arbitration

Introduction Imagine a significant dispute arising under your international distribution agreement (more…)

November 16, 2016 in 2016 Seminars, Antitrust and Unfair Competition, Automotive, Industry, International D&F Relationship Issues, Manufacturing, Training Modules

Crossing Borders Without Crossing Lines: Unexpected Issues in International Agreements

Introduction In our shrinking world, appointing distributors outside of the United States has become commonplace. However, laws and legal systems vary greatly from country to country, and a contract provision…

November 16, 2016 in 2016 Seminars, Advertising and Marketing, Automotive, Industry, Intellectual Property and Non-Competes, Manufacturing, Training Modules

Your Brand Your Distributors: Five Hot Button Issues

Introduction A manufacturer’s brand is a very valuable asset because it differentiates the manufacturer’s goods and services from those of its competitors, and as the public comes to expect certain…

November 16, 2016 in 2016 Seminars, Automotive, Changing the Relationship, D&F and Privacy Law Compliance in Cyberspace, Industry, Manufacturing, Training Modules

Is Your Website Disabling Your Business? ADA Website Compliance – an Invitation for a Lawsuit from a Cottage Industry

Executive Summary of Primary Federal Laws Related to Website Accessbility (more…)

November 16, 2016 in 2016 Seminars, Energy/Fuel, Environmental D&F Relationship Issues, Industry, International D&F Relationship Issues, Manufacturing, Training Modules

Understanding the New Rules of Engagement with Iran

In regards to engaging with Iraq, this presentation covers economic sanctions, Iran sanctions programs, the Iran nuclear accord, business implications and compliance recommendations. (more…)

November 16, 2016 in 2016 Seminars, Changing the Relationship, Establishing the Relationship, Food & Beverage, Industry, Manufacturing, Training Modules

Structuring Your Franchise Relationship to Ensure Franchisees Do Not Become Employees

The Joint Employer Doctrine In the Spotlight The traditional “joint employer” legal standards determined whether one entity (e.g., a franchisor) may be jointly liable for the legal liabilities of its…

November 16, 2016 in 2016 Seminars, Automotive, Industry, International D&F Relationship Issues, Litigation, Arbitration, and Other Forms of ADR, Manufacturing, Training Modules

International Distribution: How (And When) to Conduct an Internal Investigation

Internal Investigations: Current Climate (more…)

November 16, 2016 in 2016 Seminars, Advertising and Marketing, Antitrust and Unfair Competition, Food & Beverage, Industry, Manufacturing, Training Modules

Comparative Advertising: Is the Past Prologue

Comparative Advertising: Apples to Apples, Apples to Oranges, or Sour Grapes? (more…)

November 10, 2016 in 2016 Seminars

25th Annual Law of Product Distribution & Franchise Seminar

Yesterday's Experience Today's Knowledge Tomorrow's Insight (more…)

2015

December 8, 2016 in 2015 Seminars, Antitrust and Unfair Competition, Automotive, Changing the Relationship, Industry, Manufacturing, Training Modules

Branches of the Forbidden Tree: Distinguishing Good and Evil In Restraints on Competition

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December 8, 2016 in 2015 Seminars, Automotive, Ending the Relationship, Industry, Litigation, Arbitration, and Other Forms of ADR, Manufacturing

The Buy-Back Problem

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December 8, 2015 in 2015 Seminars, Automotive, Ending the Relationship, Industry, Intellectual Property and Non-Competes, Manufacturing, Training Modules

Summary of State Laws With Broad/General Applicability

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November 16, 2015 in 2015 Seminars, Automotive, D&F and Privacy Law Compliance in Cyberspace, Industry, Intellectual Property and Non-Competes, Manufacturing, Training Modules

Is Your Refrigerator Spying on You? Privacy and Security Issues Relating to the Exploding Internet of Things

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November 16, 2015 in 2015 Seminars, Advertising and Marketing, Antitrust and Unfair Competition, Automotive, Industry, Manufacturing, Training Modules

Connecting with Competitors: Antitrust Considerations for Competitor Collaborations

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November 16, 2015 in 2015 Seminars, Advertising and Marketing, Automotive, D&F and Privacy Law Compliance in Cyberspace, Industry, Manufacturing, Training Modules

Connecting on Facebook, LinkedIn, and Twitter – What Businesses Need to Know About Using Social Media

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November 16, 2015 in 2015 Seminars, Antitrust and Unfair Competition, Automotive, Ending the Relationship, Industry, Manufacturing, Training Modules

The Common Law Connection: Common Law Claims in Dealer/Distributor Termination Disputes

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November 16, 2015 in 2015 Seminars, Changing the Relationship, Ending the Relationship, Industry, Manufacturing, Training Modules

Constructive Termination: How Far Is Too Far?

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November 16, 2015 in 2015 Seminars, Advertising and Marketing, Changing the Relationship, Food & Beverage, Industry, Training Modules

Am I My Brother’s Keeper? When Franchisors May Be Liable for Their Franchisees’ Violations of Labor and Employment Laws

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November 16, 2015 in 2015 Seminars, Automotive, Industry, Intellectual Property and Non-Competes, International D&F Relationship Issues, Manufacturing, Training Modules

Disconnecting: Dealer Terminations at Home and Abroad

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November 16, 2015 in 2015 Seminars, Advertising and Marketing, Antitrust and Unfair Competition, Food & Beverage, Industry, Manufacturing, Training Modules

The Robinson-Patman Act: Still Crazy After All These Years?

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November 16, 2015 in 2015 Seminars, Changing the Relationship, Food & Beverage, Industry, Litigation, Arbitration, and Other Forms of ADR, Manufacturing, Training Modules

The Top 10 Franchise and Distribution Cases of 2014–15

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November 16, 2015 in 2015 Seminars, D&F and Privacy Law Compliance in Cyberspace, Industry, International D&F Relationship Issues, Manufacturing, Training Modules

Cuba and Iran: Navigating the New Rules

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November 16, 2015 in 2015 Seminars, Antitrust and Unfair Competition, Automotive, Industry, International D&F Relationship Issues, Manufacturing, Training Modules

Managing Regulatory Risk at Home and Abroad

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November 16, 2015 in 2015 Seminars, D&F and Privacy Law Compliance in Cyberspace, Food & Beverage, Industry, Intellectual Property and Non-Competes, Manufacturing, Training Modules

Putting the Toothpaste Back in the Tube: Judicial Remedies for Trade Secret Misappropriation and Third-Party Data Breaches

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November 16, 2015 in 2015 Seminars, Automotive, D&F and Privacy Law Compliance in Cyberspace, Industry, Intellectual Property and Non-Competes, Manufacturing, Training Modules

Taking Control of Cybersecurity: A Practical Guide for Officers and Directors

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November 16, 2015 in 2015 Seminars, Antitrust and Unfair Competition, Automotive, Changing the Relationship, Industry, Manufacturing, Training Modules

Give It Your Best Shot: Using and Enforcing Best Efforts Clauses

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November 16, 2015 in 2015 Seminars, Automotive, Changing the Relationship, Industry, Litigation, Arbitration, and Other Forms of ADR, Manufacturing, Training Modules

Your Tax Dollars at Work: Criminalizing Resolution of Commercial Disputes

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November 16, 2015 in 2015 Seminars, Automotive, Ending the Relationship, Industry, Litigation, Arbitration, and Other Forms of ADR, Manufacturing

Don’t Wait Until It’s Too Late! Best Practices for Demanding Adequate Assurances of Performance in Commercial Agreements

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November 16, 2015 in 2015 Seminars, Antitrust and Unfair Competition, Automotive, Ending the Relationship, Industry, Manufacturing, Training Modules

Ten Commandments For Drafting Distributor Agreements

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November 16, 2015 in 2015 Seminars, Automotive, Changing the Relationship, Industry, Manufacturing, Warranty and Product Liability

Retail Therapy: Warranty Reimbursement Mandates Coming to a State Near You

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2014

November 17, 2014 in 2014 Seminars, Antitrust and Unfair Competition, Automotive, Industry, International D&F Relationship Issues, Manufacturing, Training Modules

The Top 10 Cases In Distribution And Franchise 2013-2014

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November 17, 2014 in 2014 Seminars, Changing the Relationship, Ending the Relationship, Industry, Manufacturing, Training Modules

The Ethics Of Breaking Bad

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November 17, 2014 in 2014 Seminars, Advertising and Marketing, Energy/Fuel, Environmental D&F Relationship Issues, Industry, Manufacturing, Training Modules

The Color Of Money: The Potentially High Cost Of Green Claims

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November 17, 2014 in 2014 Seminars, Changing the Relationship, Ending the Relationship, Energy/Fuel, Industry, Manufacturing, Training Modules

Termination: You Make the Call

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November 17, 2014 in 2014 Seminars, D&F and Privacy Law Compliance in Cyberspace, Industry, Intellectual Property and Non-Competes, Manufacturing, Training Modules

Taking It On The Road: Telecommuting and Bring Your Own Device -BYOD- to Work

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November 17, 2014 in 2014 Seminars, Industry, Litigation, Arbitration, and Other Forms of ADR, Manufacturing, Training Modules, Warranty and Product Liability

Strategies for Keeping Your Distributor From Suing You

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November 17, 2014 in 2014 Seminars, Establishing the Relationship, Industry, Intellectual Property and Non-Competes, Manufacturing, Training Modules

So This Is A Franchise: Now What?

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November 17, 2014 in 2014 Seminars, Advertising and Marketing, Antitrust and Unfair Competition, Food & Beverage, Industry, Manufacturing, Training Modules

Robinson-Patman Act and Your Strategies to Avoid Common Price Discrimination Pitfalls in the Distribution World

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November 17, 2014 in 2014 Seminars, D&F and Privacy Law Compliance in Cyberspace, Food & Beverage, Industry, Intellectual Property and Non-Competes, Manufacturing, Training Modules

Protecting Intellectual Property in the Mobile Device Era

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November 17, 2014 in 2014 Seminars, D&F and Privacy Law Compliance in Cyberspace, Industry, Intellectual Property and Non-Competes, Manufacturing, Training Modules

Privacy Compliance And The Growth Of Big Data

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November 17, 2014 in 2014 Seminars, Advertising and Marketing, D&F and Privacy Law Compliance in Cyberspace, Industry, Manufacturing, Training Modules

Managing How And Whether Your Product Is Sold On The Internet

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November 17, 2014 in 2014 Seminars, Advertising and Marketing, Antitrust and Unfair Competition, Automotive, Industry, Manufacturing, Training Modules

Late Breaking News: Has a State Legislature Invalidated the Terms of Your Distribution Contract

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November 17, 2014 in 2014 Seminars, Automotive, Changing the Relationship, Ending the Relationship, Energy/Fuel, Industry, Training Modules

It Depends on What the Meaning of “Is” Is: Dangers of Definitions in Dealer Statutes

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November 17, 2014 in 2014 Seminars, Industry, International D&F Relationship Issues, Manufacturing, Training Modules

Innocents Abroad: The Perils and Practicalities of International Arbitration

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November 17, 2014 in 2014 Seminars, Automotive, Changing the Relationship, Industry, Training Modules, Warranty and Product Liability

Dealer Warranty Compensation Statutes

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November 17, 2014 in 2014 Seminars, Energy/Fuel, Environmental D&F Relationship Issues, Industry, International D&F Relationship Issues, Manufacturing, Training Modules

Coping With U.S. Regulation of Exports and International Conduct Part 3: Navigating the Conflict Minerals Rules

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November 17, 2014 in 2014 Seminars, Industry, International D&F Relationship Issues, Manufacturing, Training Modules, Warranty and Product Liability

Coping With U.S. Regulation of Exports and International Conduct Part 2: Managing Third-Party Export Controls and Economics

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November 17, 2014 in 2014 Seminars, Changing the Relationship, International D&F Relationship Issues, Training Modules

Coping With U.S. Regulation of Exports and International Conduct Part 1: Managing Third-Party Risk Under the FCPA

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November 17, 2014 in 2014 Seminars, Antitrust and Unfair Competition, D&F and Privacy Law Compliance in Cyberspace, Industry, Manufacturing, Training Modules

Antitrust Stuff You Should Know About Distribution

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November 17, 2014 in 2014 Seminars, Establishing the Relationship, Industry, Intellectual Property and Non-Competes, Manufacturing, Training Modules

A Brief Summary of Noncompete and Trade Secret Law as Applied to Franchising and Distribution Relationships

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2013

November 16, 2013 in 2013 Seminars, Archives, Changing the Relationship, Industry, International D&F Relationship Issues, Manufacturing, Training Modules

Business Development or Bribery: New Standards, New Challenges Under the FCPA

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November 16, 2013 in 2013 Seminars, Antitrust and Unfair Competition, Archives, Automotive, Changing the Relationship, Food & Beverage, Industry, Training Modules

Did You Say 50?!? Considerations for Multi-State Distributors and Franchisees

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November 16, 2013 in 2013 Seminars, Ending the Relationship, Industry, Litigation, Arbitration, and Other Forms of ADR, Manufacturing, Training Modules

Steering Clear of Disaster: Class Actions and System-Wide Litigation

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November 16, 2013 in 2013 Seminars, Antitrust and Unfair Competition, Industry, Litigation, Arbitration, and Other Forms of ADR, Manufacturing, Training Modules

Hiring Employees From a Competitor: How to Do It Without Getting Sued

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November 16, 2013 in 2013 Seminars, Advertising and Marketing, Antitrust and Unfair Competition, Automotive, Industry, Manufacturing, Training Modules

Recognizing the Caution Signs for MAP and Colgate Policies

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November 16, 2013 in 2013 Seminars, Antitrust and Unfair Competition, Automotive, Industry, Litigation, Arbitration, and Other Forms of ADR, Manufacturing, Training Modules

Breaking News in Antitrust Law: What You Need to Know

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November 16, 2013 in 2013 Seminars, Antitrust and Unfair Competition, Automotive, Ending the Relationship, Energy/Fuel, Industry, Training Modules

Termination: Laying the Groundwork, Making the Case

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November 16, 2013 in 2013 Seminars, Antitrust and Unfair Competition, Ending the Relationship, Food & Beverage, Industry, Manufacturing, Training Modules

50 Shades of Black and White: The Problem With Simultaneously Requiring and Forbidding Supplier Involvement in Distributor Management

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November 16, 2013 in 2013 Seminars, Advertising and Marketing, D&F and Privacy Law Compliance in Cyberspace, Industry, Manufacturing, Training Modules

Harnessing the Power of the Internet to Grow Brand Awareness and Define Customer Relationships

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November 16, 2013 in 2013 Seminars, Ending the Relationship, Industry, Manufacturing, Training Modules, Warranty and Product Liability

Making a Graceful Exit: Potential Liability Arising From Product Line and Market Withdrawal

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November 16, 2013 in 2013 Seminars, D&F and Privacy Law Compliance in Cyberspace, Food & Beverage, Industry, International D&F Relationship Issues, Manufacturing, Training Modules

The Impact of International Data Privacy Laws on U.S.-Based Businesses

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November 16, 2013 in 2013 Seminars, Changing the Relationship, Food & Beverage, Industry, Litigation, Arbitration, and Other Forms of ADR, Manufacturing, Training Modules

Top 10 Cases of 2012 – 2013

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November 16, 2013 in 2013 Seminars, Antitrust and Unfair Competition, Energy/Fuel, Industry, International D&F Relationship Issues, Manufacturing, Training Modules

Managing Foreign Collections: Tools for Financing and Limiting Collections Risk in Foreign Sales

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November 16, 2013 in 2013 Seminars, Changing the Relationship, Energy/Fuel, Industry, International D&F Relationship Issues, Manufacturing, Training Modules

Surviving OFAC Sanctions: New Rules and Risks for Operating Overseas

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November 16, 2013 in 2013 Seminars, Bankruptcy and Creditors' Rights, Industry, Intellectual Property and Non-Competes, Manufacturing, Training Modules

Damage Control: Keeping Your Distributors’ Financial Problems From Becoming Your Problems

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November 16, 2013 in 2013 Seminars, Advertising and Marketing, Food & Beverage, Industry, Intellectual Property and Non-Competes, Manufacturing, Training Modules

WARNING! Your Labeling May Be Defective: Overview of Product Packaging and Labeling Laws

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November 16, 2013 in 2013 Seminars, Industry, International D&F Relationship Issues, Litigation, Arbitration, and Other Forms of ADR, Manufacturing, Training Modules

Best Practices in Drafting and Using Standard Terms and Conditions of Sale for Export Sales

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November 16, 2013 in 2013 Seminars, Bankruptcy and Creditors' Rights, Industry, Intellectual Property and Non-Competes, Manufacturing, Training Modules

The Effect of Bankruptcy on Covenants Not to Compete

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November 16, 2013 in 2013 Seminars, Antitrust and Unfair Competition, D&F and Privacy Law Compliance in Cyberspace, Industry, Manufacturing, Training Modules

Negotiating Key Provisions of Distributor Agreements: Issues & Strategies

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2012

December 7, 2016 in 2012 Seminars, Establishing the Relationship

Are You the Weakest Link? The California Transparency in Supply Chains Act of 2010

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December 7, 2016 in 2012 Seminars, Litigation, Arbitration, and Other Forms of ADR

Declaratory Judgments as a Strategic Weapon: Sometimes the Best Defense Is a Good Offense

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December 7, 2016 in 2012 Seminars, Ending the Relationship

Making the Case for Termination

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December 7, 2016 in 2012 Seminars, Intellectual Property and Non-Competes

Noncompete News You Can Use

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December 7, 2016 in 2012 Seminars, Advertising and Marketing

Would I Lie? The Resurgence of False Advertising Litigation as a Business Strategy

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December 7, 2016 in 2012 Seminars, Antitrust and Unfair Competition

Antitrust Conspiracy Liability 2012: No Handshake Required

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December 7, 2016 in 2012 Seminars, Establishing the Relationship

The Case for Using Sales Representatives

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December 7, 2016 in 2012 Seminars, Litigation, Arbitration, and Other Forms of ADR

The Top 10 Cases of 2011-2012

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December 7, 2016 in 2012 Seminars, Litigation, Arbitration, and Other Forms of ADR

The Courts Step up to the Plate: New Developments in Class Action and Arbitration Law

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December 7, 2016 in 2012 Seminars, Warranty and Product Liability

Extending Your Career Warranty: Making Sure Your Service Contracts Comply with State Law

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December 7, 2016 in 2012 Seminars, D&F and Privacy Law Compliance in Cyberspace, Training Modules

The World Wide Web of Threats To Your Company’s Confidential Information: Lessons Learned in Trade Secret and Computer Crimes Litigation

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December 7, 2016 in 2012 Seminars, D&F and Privacy Law Compliance in Cyberspace, Intellectual Property and Non-Competes, Training Modules

Facebook, LinkedIn & Twitter, Oh My! What Businesses Need to Know About Using Social Media

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December 7, 2016 in 2012 Seminars, Antitrust and Unfair Competition

Balancing Discounts, “Spiffs” and The Robinson-Patman Act

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December 7, 2016 in 2012 Seminars, D&F and Privacy Law Compliance in Cyberspace

Risks & Rewards of Social Networking: Privacy Issues for Consumers and Employees

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December 7, 2016 in 2012 Seminars, Bankruptcy and Creditors' Rights

Buyer Beware: Distribution and Franchise Successor Liability

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December 7, 2016 in 2012 Seminars, Establishing the Relationship

Hidden Franchises: Avoiding Traps

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December 7, 2016 in 2012 Seminars, Ending the Relationship, International D&F Relationship Issues

Managing the Troubled Foreign Agent/Distributor: Saying “You’re Fired” in Spanish, Arabic, Portuguese …

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December 7, 2016 in 2012 Seminars, Advertising and Marketing

Tales From the Crypt: How Your Company’s Marketing Department Can Cause Legal Nightmares

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December 7, 2016 in 2012 Seminars, Litigation, Arbitration, and Other Forms of ADR

Strategies for Litigation Prevention

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2011

December 7, 2016 in 2011 Seminars, D&F and Privacy Law Compliance in Cyberspace

Yesterday, Today and Tomorrow: 20 Years of ECommerce And Its Impact On Your Distribution Channel

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December 7, 2016 in 2011 Seminars

Warranties County Of Origin And Endorsements

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December 7, 2016 in 2011 Seminars, Advertising and Marketing, Intellectual Property and Non-Competes

Trademarks, False and Misleading Advertisements

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December 7, 2016 in 2011 Seminars, Industry, Litigation, Arbitration, and Other Forms of ADR, Manufacturing

The Top 10 Cases of 2010-2011

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December 7, 2016 in 2011 Seminars, Antitrust and Unfair Competition

The More Things Change, The More They Stay The Same: Resale Price Maintenance In a Post-Leegin World

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December 7, 2016 in 2011 Seminars, International D&F Relationship Issues

The Long Arm Of The US Law: Avoiding FCPA Liability For The Overseas Conduct Of Dealers And Franchisees

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December 7, 2016 in 2011 Seminars, Changing the Relationship, Establishing the Relationship

State Regulation of the Dealer Relationship: What Has Changed in the Past 20 Years?

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December 7, 2016 in 2011 Seminars, Establishing the Relationship

Special Problems In Dealing With Multi-State Distributors

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December 7, 2016 in 2011 Seminars

Roundtable On The Seventh Circuit E-Discovery Pilot Program And What It Means For Litigation Parties

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December 7, 2016 in 2011 Seminars, Antitrust and Unfair Competition

Robinson-Patman: Still Crazy After All These Years?

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December 7, 2016 in 2011 Seminars, Warranty and Product Liability

Reporting Product Safety Hazards Under The Consumer Product Safety Act-Product Recalls

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December 7, 2016 in 2011 Seminars

Proposition 65

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December 7, 2016 in 2011 Seminars, Changing the Relationship

Imposing Changes in an Ever-Changing World: An Overview of Legal Issues in Making Changes to Distribution Contracts

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December 7, 2016 in 2011 Seminars, Environmental D&F Relationship Issues

Green Claims And Antimicrobial Claims

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December 7, 2016 in 2011 Seminars

FTC Substantiation Principles

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December 7, 2016 in 2011 Seminars, International D&F Relationship Issues

Foreign Affairs: Adventures in International Arbitration

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December 7, 2016 in 2011 Seminars, Intellectual Property and Non-Competes

Effectively Using Non-Compete And Non-Disclosure Agreements

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December 7, 2016 in 2011 Seminars, D&F and Privacy Law Compliance in Cyberspace

ECommerce: Legal Challenges And Business Opportunities

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December 7, 2016 in 2011 Seminars, International D&F Relationship Issues

Distribution Issues In Emerging Markets: Selling Into Brazil and Latin America, Russia and China

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December 7, 2016 in 2011 Seminars

Dealer Terminations Over the Years

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December 7, 2016 in 2011 Seminars, Changing the Relationship

Curing Those Distribution Blues: Solving the Most Vexing Distribution Problems

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December 7, 2016 in 2011 Seminars

Back To The Future: Whats Still Hot—And Whats Not—After 20 Years Of Distribution and Franchise Litigation

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December 7, 2016 in 2011 Seminars, Establishing the Relationship

20 Years of Lessons Learned: Drafting Terms and Conditions

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2010

December 7, 2016 in 2010 Seminars

Top Ten Cases of 2009–2010

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December 7, 2016 in 2010 Seminars, Antitrust and Unfair Competition

The Robinson-Patman Act: Lessons From the Third Circuits Feesers Decision

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December 7, 2016 in 2010 Seminars

The Lesser of Two Evils? Litigation Versus Arbitration of Distribution and Franchise Disputes

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December 7, 2016 in 2010 Seminars, Ending the Relationship

Termination Scenarios: You Decide

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December 7, 2016 in 2010 Seminars, Ending the Relationship

Terminating the Relationship: Look Before You Leap

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December 7, 2016 in 2010 Seminars, Bankruptcy and Creditors' Rights

Strategic Considerations For Suppliers When Dealers And Franchisees Go “Belly Up”

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December 7, 2016 in 2010 Seminars, Establishing the Relationship

Straddling State Lines: Legal Issues Impacting Multi State Dealers

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December 7, 2016 in 2010 Seminars, International D&F Relationship Issues

Selecting and Using Foreign Sales Agents and Distributors Abroad

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December 7, 2016 in 2010 Seminars, Antitrust and Unfair Competition

Resale Price Maintenance After Leegin: How Courts, Enforcement Agencies and Legislators Are Responding and Where The Law is

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December 7, 2016 in 2010 Seminars, Ending the Relationship

Recent Legislative Developments

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December 7, 2016 in 2010 Seminars, Warranty and Product Liability

Proposition 65 In Plain Language

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December 7, 2016 in 2010 Seminars, D&F and Privacy Law Compliance in Cyberspace

Linked In? The Impact of Social Media and Best Practices For a Social Networking Policy

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December 7, 2016 in 2010 Seminars, D&F and Privacy Law Compliance in Cyberspace, Intellectual Property and Non-Competes

How to Use the Internet to Expand and Enforce Your Brand and Define the Contractual Relationship With Your Customers

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December 7, 2016 in 2010 Seminars, Establishing the Relationship

Five Hot Clauses In Distribution Agreements: Pitfalls Strategies and Best Practices

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December 7, 2016 in 2010 Seminars, Antitrust and Unfair Competition, International D&F Relationship Issues

EU Competition Rules: New 2010 Block Exemption for Vertical Restraints in a Modernized Competition System

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December 7, 2016 in 2010 Seminars, Ending the Relationship

Equipment Dealer Statutes: A Trap for the Unwary When Considering Dealer Terminations

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December 7, 2016 in 2010 Seminars, Environmental D&F Relationship Issues

Environmental Issues For the Supply Chain: From Labeling to Disposal_Its Becoming Everyones Responsibility

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December 7, 2016 in 2010 Seminars, D&F and Privacy Law Compliance in Cyberspace

Emerging Issues in Privacy and Information Security

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December 7, 2016 in 2010 Seminars, Bankruptcy and Creditors' Rights

Dealing with Troubled Suppliers In Uncertain Times

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December 7, 2016 in 2010 Seminars, Changing the Relationship

Dealing With Contraction of Distribution Networks

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December 7, 2016 in 2010 Seminars, Intellectual Property and Non-Competes

Conducting Trade Secret Audits

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December 7, 2016 in 2010 Seminars, Ending the Relationship

Common Law Claims In Dealer/Distribution Termination Disputes

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