The most inspired business strategy won’t result in a profitable business without equally effective execution. Much of that involves the daily nitty-gritty aspects of getting goods and services in and out the doors of your company.
Our distribution counseling team helps grease the wheels of commerce. We help you put in place and operate the systems, agreements and processes to manage your daily sourcing, production, distribution and marketing needs. We take the time to get to know your business so our advice can help increase your efficiency. Sometimes litigation is unavoidable. Our litigators will help you define your litigation goals to improve outcomes while keeping costs down.
Because your core business operations involve a variety of substantive areas, your relationship lawyer will be backed by a diverse team that includes lawyers with various areas of focus, including business transactions, licensing, franchising, marketing and advertising, antitrust, consumer protection, intellectual property, employment, credit and bankruptcy, international trade, transportation and litigation. This ensures that whatever issue you are confronting, we can provide an attorney who can help achieve your goals very efficiently and effectively.
And because business is increasingly global, we can provide support internationally. Our Shanghai office serves all of China and, through our DWT Pacific collaboration, we cover the entire Pacific region. As long-standing members of the Lex Mundi law firm network, we can quickly connect you with a specialized attorney in just about any country.
The areas in which we commonly work include:
Product creation
- Resale processes and regulations
- Manufacturing agreements
- Foreign and domestic supply agreements, both long- and short-term
- Consulting contracts
- Intellectual property issues
- Warranties and compliance with the Magnuson-Moss Warranty Act
- Packaging and labeling
Marketing and advertising
- Federal Trade Commission and state attorneys general requirements and proceedings
- Advertising and claim substantiation
- Advertising directed to children
- Deceptive and unfair trade practices
- Contests and sweepstakes, promotional offers, rebates and gift cards
- Telemarketing and SPAM regulations
- Web site content review and advice
- Data privacy
Licensing and franchising
- Co-branding and licensing
- Licensing intellectual property
- Franchise issues, including compliance with disclosure laws
- Dealer and franchisee relations
- International franchising and commercial agency matters
Distribution
- Establishing distribution and dealer networks, from regional to international
- Structuring distribution and dealer agreements
- Dealings with sales representatives and commercial agents
- Assigned sales territories vs. dealer/distributor online sales
- Forming and operating co-operatives and buying groups
Antitrust
- Antitrust investigations, litigation and compliance issues
- Relationships with competitors and trade associations
- Issues related to price discrimination (the Robinson-Patman Act and state statutes)
- Minimum advertised pricing programs
- International antitrust work
Issues related to distribution
- Acquisitions, joint ventures and consortium activities
- Additional regulatory issues
- Consumer Product Safety Commission rules and recall; reporting and enforcement matters
- Sales of products to prohibited foreign markets
- Sales of militarily sensitive products
- Compliance with the International Investment and Trade in Services Survey Act
Other business needs
- Obtaining and enforcing patents, trademarks and copyrights
- Real estate and equipment purchases, leases and sales
- Plant closures
- Employment issues, including executive employment agreements
- Credit and bankruptcy assistance
- Transportation issues
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