Product Distribution and Marketing - CLE, Continuing Legal Education - ALI
Product Distribution and Marketing
  • 26th Annual Advanced ALI-ABA Course of Study
    Register now – on site attendance is limited!
  • Wednesday-Friday
  • June 22-24, 2011
  • ALI-ABA Conference Center
  • Philadelphia, PA
Register Now!

Shipped to you: | MP3 CD-ROM | DVD Video

Available Online: | Coursebook

Why You Should Attend

With the growing importance of e-commerce, consolidations at all levels of distribution chains, and new forms of relationships between suppliers and distributors, the distribution and marketing of products in today's economy raise a host of widely varying legal issues. Evolving legal trends, combined with these changes in marketing approaches and distribution methods, make it essential for both in-house and outside counsel advising distribution clients to remain well versed in both the state of the law and current business approaches in a variety of areas. The breakneck pace of technology prevalent in these fields makes truly staying ahead a challenging proposition for even the most seasoned practitioner. Your clients, nonetheless, will expect you to have the answers.

This annual advanced course of study brings together a faculty experienced in the many fields that most directly affect distribution: antitrust; dealer contracts, relations, and termination; business franchise and dealer protection laws; consumer protection laws; advertising and unfair competition; intellectual property; and international trade. Registrants benefit from the perspectives of internationally-based private practitioners, as well as former corporate counsel, former government enforcement attorneys, and government enforcement representatives.

The course also offers practical advice, such as how to:

• Achieve business objectives and solve client problems without violating the antitrust laws;

• Establish distribution networks without inadvertently becoming a franchisor;

• Train sales and marketing departments to avoid unnecessary risks; and

• Plan for and avoid supplier-distributor discord.

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What You Will Learn

This multidisciplinary program covers all the varied legal issues facing distribution counsel, from antitrust and pricing to e-commerce and advertising. It is the only course that provides comprehensive coverage of the key issues that counsel involved in product distribution matters are likely to encounter:

Antitrust and Competition


E-Commerce and Internet Distribution


Unfair Competition

Consumer Protection

Intellectual Property

International Distribution

Drafting Distribution Agreements and Managing Distribution

Dealer Disputes and Termination


Ethical Issues (one hour)

Over the course of three days and more than 19 hours of instruction, you’ll:

• Examine developments in the courts and at the state level in response to the U.S. Supreme Court's Leegin decision, which overturned the century-old per se rule against resale price maintenance agreements

• Hear from enforcement officials as to the issues that draw their attention

• Consider the differing rules that apply to international distribution and take a practical look at distribution contract drafting and dealer litigation

Other covered cases include Blue Cross/Blue Shield, Hydrogen Peroxide, Toys “R” Us, and Babies “R” Us. The course also considers the effect of the law in the contexts of client counseling, planning and management of distribution relationships, and the acquisition of distribution businesses.

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Planning Chair

Andre R. Jaglom, Tannenbaum Helpern Syracuse & Hirschtritt LLP, New York (also on faculty)






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Michael F. Brockmeyer, Frommer Lawrence & Haug LLP, Washington, D.C.; former Assistant Attorney General and Chief, Antitrust Division, Maryland Attorney General’s Office; former Chair, National Association of Attorneys General Antitrust Task Force

Terry Calvani, Freshfields Bruckhaus Deringer US LLP, Washington, D.C.; former Commissioner, U.S. Federal Trade Commission; former Member of the Board of Directors of the Irish Competition Authority (criminal cartel portfolio)

John F. Collins, Dewey & LeBoeuf LLP, New York

Michael J. Dean, Maclay Murray & Spens LLP, Glasgow, Scotland

Lesley Anne Fair, Senior Attorney, Division of Advertising Practices, Bureau of Consumer Protection, U.S. Federal Trade Commission, Washington, D.C.

Katherine I. Funk, Baker & McKenzie LLP, Washington, D.C.

Robert L. Hubbard, Assistant Attorney General, Antitrust Bureau, New York State Department of Law, New York; former Chair, National Association of Attorneys General Antitrust Task Force

Rick Kurnit, Frankfurt Kurnit Klein & Selz P.C., New York

Kevin J. O’Connor, Godfrey & Kahn, S.C., Madison, Wisconsin; former Assistant Attorney General, Wisconsin Department of Justice; former Chair, National Association of Attorneys General Antitrust Task Force

Hernán Pacheco, Pacheco Coto, San Jose, Costa Rica

Richard J. Wegener, Fredrikson & Byron, P.A., Minneapolis; former Division Counsel, U.S. Foods Group, and Assistant to the General Counsel for Antitrust and Trade Regulation, The Pillsbury Company

Additional faculty to be confirmed

ALI-ABA Staff Attorney: Amy S. Weinberg, Assistant Director, Office of Courses of Study

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Program Schedule

Subject to minor change. All times are Eastern Time.

Wednesday, June 22, 2011

8:00 a.m. Registration and Continental Breakfast

8:55 a.m. Administrative Remarks – ALI-ABA Staff


9:00 a.m. Introductory Remarks and Course Overview Mr. Jaglom

Methods of distribution; direct distribution; dealers and distributors; franchising; licensing of manufacturing rights; trademarks, technology, and trade secrets


9:10 a.m. Economic Analysis of Distribution and Termination Mr. O’Connor

10:15 a.m. Networking and Refreshment Break

10:30 a.m. Vertical Restraints Mr. Brockmeyer

Price restraints; the effect of the U.S. Supreme Court Leegin decision; implementing resale pricing programs; horizontal and vertical territorial and customer restrictions; exclusive dealing; loyalty discounts and “bundled” rebates; display and shelf-space restrictions; tying; dual distribution

11:30 a.m. Intellectual Property and Antitrust Mr. O’Connor

12:00 noon Questions and Answers

12:15 p.m. Lunch (provided by ALI-ABA)


1:30 p.m. Price Discrimination, Predatory Pricing, and Related Issues Mr. Collins

2:15 p.m. State and Federal Enforcement of Vertical IssuesMr. Hubbard

2:55 p.m. Networking and Refreshment Break

3:10 p.m. International Enforcement of Vertical Issues - Mr. Calvani

3:40 p.m. Vertical Issues: Panel Discussion Ms. Funk; Messrs. Brockmeyer, Calvani, Collins, Dean, Hubbard, Jaglom, O’Connor, and Wegener

4:40 p.m. Business Franchise Laws Mr. Jaglom

5:30 p.m. Questions and Answers

5:45 p.m. Adjournment for the Day

Thursday, June 23, 2011

8:30 a.m. Continental Breakfast and Networking Session



9:00 a.m. Advertising and Unfair Competition IssuesMr. Kurnit

Substantiation; deceptive practices; comparative advertising; competitor challenges and litigation

10:45 a.m. Networking and Refreshment Break

11:00 a.m. Advertising and Unfair Competition: Federal and State Enforcement Ms. Fair

11:30 a.m. Distribution and Marketing on the Internet Mr. Jaglom

Overview of intellectual property, privacy, and e-commerce issues in on-line distribution and marketing

12:30 p.m. Questions and Answers

12:45 p.m. Lunch (provided by ALI-ABA)


2:00 p.m. Intellectual Property Protection in Marketing Communications Mr. Kurnit

Copyright, trademark, and publicity rights; contracting and protecting your marketing materials, obtaining indemnification, and avoiding claims

3:15 p.m. Networking and Refreshment Break

3:30 p.m. International Distribution Issues: Focus on Latin America Mr. Pacheco

4:00 p.m. International Distribution Issues: Focus on Europe Mr. Dean

4:45 p.m. Questions and Answers

5:00 p.m. Adjournment for the Day

Friday, June 24, 2011

8:30 a.m. Continental Breakfast and Networking Session



9:00 a.m. The Distribution Contract: Drafting Issues Mr. Jaglom

10:10 a.m. The Distribution Contract: Panel DiscussionMs. Funk and Messrs. Dean, Jaglom, Pacheco, and Wegener

10:45 a.m. Networking and Refreshment Break

11:00 a.m. Ethical Issues in the Distribution Context: Panel Discussion Entire Faculty

12:00 noon Managing Distribution: Compliance and Dispute AvoidanceMr. Jaglom

12:45 p.m. Questions and Answers

1:00 p.m. Lunch (provided by ALI-ABA)


2:15 p.m. Dealer Terminations and Consolidation Mr. Wegener

3:00 p.m. Distribution Litigation and Negotiation Messrs. Collins, Jaglom, and Wegener

Planning and strategy from the distributor and supplier viewpoints

3:45 p.m. Distribution Issues in Mergers and Acquisitions Messrs. Jaglom and Wegener

4:15 p.m. Questions and Answers

4:30 p.m. Adjournment

Total 60-minute hours of instruction: 19.25, including one hour of ethics
23 CPE credits in Business Law and/or Marketing
(live program and group internet based program)

Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter

Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent legal developments

Level of Instruction: Advanced

Click Here for MCLE Credit Information

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Here's what registrants have said about this course:

“Nice depth and breadth of coverage and will be helpful in my practice; many good/excellent presenters with good range of views.” – June 2010 registrant

“[Drew] Jaglom did a nice job moderating the panels and including everyone.” – June 2010 registrant

“I have been attending ALI-ABA [and other] programs for 40 years and believe that this is the best program I have attended. I have attended this program 3 times I believe (every 2 or 3 years) and have found that the speakers and program materials have improved each time. Some decent forms and checklists in the materials and all materials appear well organized.” – June 2010 registrant

“I felt that this presentation was great and that the materials were especially good.” – June 2010 registrant

“Panel discussing hypotheticals was very helpful.” – March 2009 registrant

“Mr. Kurnit was excellent. Real life examples were very good.” – March 2009 registrant

“The course covered the subject well. The hypothetical was a good example and helpful!” – March 2009 registrant

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All times are Eastern Daylight Time (EDT)

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Course Details

Real-Time Customer Service