Federal and state antitrust laws in conjunction with comprehensive distribution and franchise laws establish a large and sometimes inconsistent scheme of regulation, poor navigation of which can result in significant civil and criminal penalties. Such comprehensive regulation creates the need for carefully structured relationships between manufacturers, distributors, retail sellers, and skilled legal counsel. Thoughtful legal planning and representation will help protect your business interests and limit liability that may occur while distributing or retailing products in the United States.
The Firm's distribution, franchise, and marketing lawyers combine up-to-date knowledge of the ever-changing distribution laws of the different states; a deep understanding of federal antitrust and distribution laws; and basic common sense counseling skills honed by actual litigation of these issues. Our lawyers have helped our clients do the following:
- Establish dealer networks
- Implement sales procedures
- Implement pricing policies that comply with federal and state laws
- Negotiate and document distributorship sales representation and franchise agreements
- Warranty-based claims
- Workout issues related to dealership failures, including protection of security from sales out of trust, and failure to pay relevant state and federal taxes
- Litigate civil and arbitration settings disputes between dealers and manufacturers, involving claims of improper termination, antitrust violations, and lender liability
The Firm advises motor vehicle industry manufacturers, truck part distributors, athletic equipment industry manufacturers, heavy industry manufacturers, bicycle component industry manufacturers, chemical and biological industry manufacturers, and luggage industry manufacturers regarding the distribution of their products through their respective dealership networks.