The distribution world undergoes steady evolution and sometimes revolution as technology, energy prices, customer needs and other important market factors change at an increasing rate.
Manufacturers and their distributors face highly competitive markets that demand rapid responses to meet customer needs. The simple agreement and firm handshake of yesterday won't provide a high degree of comfort to either side. This course answers many of the questions raised at the cross roads of distribution system modernization. The wrong approach can invite expensive litigation and exposure to huge loss of economic value claims from distributors. Just because the contract says you can doesn't mean you should, or shouldn't, do what's best for the manufacturer. This course helps you understand the critical issues and analysis that needs to be understood before undertaking major distribution contract changes.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Starting From Scratch or Making Changes - Can a Manufacturer Unilaterally Impose Changes in a Distribution Contract?
- Is There an Existing Contract That Prevents a Change Mid-Term?
- The Effect of State Laws Regulating the Contract or Industry
- General Distributorship Laws
- Industry Specific Laws
- State Common Law
- Practical Limitations on the Right of a Manufacturer to Impose a New Distribution Contract
- What Are the Timing Problems in the Implementation of a New Distribution Agreement?
- Is Change of Contract Terms Constructive Termination?
- What Is the Impact of the Supreme Court's Decision in Mac's Shell v. Shell Oil?
Tips for a Smooth Implementation of a New Distribution Contract
- Make Certain That There Is an Essential and Valid Business Reason for Any Change in the Contract
- Consider Whether There Are "Give Back" Provisions That Can Be Included to Convince the Distributors That Contract Changes Involve a Fair Give and Take
- Typical Points of Resistance When Implementing a New Distribution Agreement
- Educate Your Field Representatives in the Purpose and Meaning of Each Provision of the Contract so That They Can Explain the Operation of the Contract and Appreciate the Business Reason for the Provision
Should You Negotiate Changes to the Standard Contract?
- Changes in the Standard Contract for All Distributors
- Changes for Specific Distributors Based on Size, Scale or State Laws
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on July 26, 2011.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Joel R. Buckberg
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
- Of counsel in the Nashville office of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
- Over 25 years of franchise and distribution practice, including 19 years in-house
- Practice emphasizes all aspects of corporate and asset transactions and operations
- Author of several publications and conducts seminars related to the areas of hospitality, franchising, corporate transaction and compliance
- Achieved the highest rating in the Martindale-Hubbell Law Directory, listed in Best Lawyers in America® in the area of franchise law since 2008, named to Who’s Who Legal: The International Who’s Who of Business Lawyers since 2009, The International Who’s Who of Franchise Lawyers in 2008, “Legal Eagles” by Franchise Times in 2007 to 2011, and “20 People to Watch in Franchising” by Franchise Times in November 2001
- J.D. and M.B.A. degrees, Vanderbilt University School of Law
- Can be contacted at [email protected] or 615.726.5639
Jon P. Christiansen
Foley & Lardner LLP
- Partner in the Milwaukee office of Foley & Lardner LLP
- Thirty-five years of experience in distribution and franchise counseling and litigation
- Founding chair of the firm’s Distribution and Franchise Practice
- Co-wrote Distribution Franchise Guide – CCH
- Frequent lecturer to industry groups and CLE presentations in the area of distribution and franchise counseling and litigation
- Listed in Best Lawyers in America® in the fields of “Bet the Company” litigation, commercial litigation and franchise law; Chambers USA: America’s Leading Business Lawyers from 2003 to 2010; Franchise Times selected Mr. Christiansen as one of its “Legal Eagles”; and Wisconsin Super Lawyers® lists from 2005 to 2010
- Member of the American Bar Association’s Forum on Franchising
- J.D. degree, Vanderbilt University School of Law
- Can be contacted at [email protected] or 414-297-5557
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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