Product Distribution and Marketing: Legal Issues in a Global Economy - CLE, Continuing Legal Education - ALI
Product Distribution and Marketing: Legal Issues in a Global Economy
  • 28th Annual Advanced ALI CLE course/Live Video Webcast
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Shipped to you: Printed Coursebook | MP3 CD-ROM | DVD Video

Available Online: Online CLE | MP3 Audio Files | Coursebook

Why You Should Attend

Covering the unprecedented growth of e-commerce, consolidations at all levels of distribution chains, and novel forms of relationships between suppliers and distributors, this unique multidisciplinary CLE program is the only national course that provides comprehensive coverage of the crucial legal issues in product distribution and marketing faced by distribution counsel in today’s global economy.


Led by seasoned practitioners, comprising corporate and in-house counsel as well as current and former representatives of the Federal Trade Commission, National Association of Attorneys General Antitrust Task Force, and state antitrust agencies, this advanced, accredited program will instruct you as to the key issues you are likely to encounter.


Topics include:

Antitrust and competition


E-Commerce and internet distribution

Business franchise and dealer protection law

Unfair competition

Consumer protection legislation

Intellectual property

Privacy and data protection

International distribution, including special focus on Europe

FCPA and anti-corruption compliance

Technology industry concerns

Drafting distribution agreements and managing distribution

Dealer contracts, relations, disputes, and termination


Ethical Issues (one hour)

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What You Will Learn

In addition to examining the federal and state law aftermath of the U.S. Supreme Court's Leegin decision and other case law developments in a variety of distribution-related areas, the course will cover the effect of the law in the contexts of client counseling, planning and management of distribution relationships, and the acquisition of distribution businesses.


The expert faculty will also offer practical advice, such as how to:

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

Understand and apply the antitrust and competition laws of different countries to structuring Minimum Advertised Price (MAP) programs, Colgate Minimum Resale Price policies, and other resale price arrangements

Avoid problems under the Foreign Corrupt Practices Act and other anti-corruption laws when dealing with overseas distributors and agents

Comply with U.S. and foreign privacy and data protection laws when dealing with customer information

Establish distribution networks without inadvertently becoming a franchisor

Train sales and marketing departments to avoid unnecessary risks

Plan for, and avoid, supplier-distributor discord


Attendance is limited so register today!

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Who Should Attend

Lawyers that deal with corporate, antitrust, intellectual property, international trade, and consumer law and legal professionals that handle e-commerce/internet commerce will benefit from this accredited continuing legal education program from ALI CLE.

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Planning Chair

Andre R. Jaglom, Tannenbaum Helpern Syracuse & Hirschtritt LLP, New York

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Michael F. Brockmeyer, Frommer Lawrence & Haug LLP, Washington, D.C.

Terry Calvani, Freshfields Bruckhaus Deringer US LLP, Washington, D.C.

John F. Collins, Frommer Lawrence & Haug LLP, New York

Michael J. Dean, Maclay Murray & Spens LLP, London

Lesley Fair, Senior Attorney, U.S. Federal Trade Commission, Washington, D.C.

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

Beth E. Hansen, Senior Counsel, UTC Aerospace Systems, Charlotte, North Carolina

Robert L. Hubbard, Assistant Attorney General, Antitrust Bureau, New York State Department of Law, New York

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

Kevin J. O'Connor, Godfrey & Kahn, S.C., Madison, Wisconsin

Richard J. Wegener, Fredrikson & Byron, P.A., Minneapolis, Minnesota

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Program Schedule


8:00 a.m.  Registration and Continental Breakfast

8:55 a.m.  Administrative Remarks - ALI CLE 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
Economics of vertical restraints; market power and dominance; Toys "R" Us

9:55 a.m.  Networking and Refreshment Break

10:10 a.m.  Developments in the Law of Vertical Restraints - Ms. Funk
Price restraints; the aftermath of the U.S. Supreme Court Leegin decision; implementing resale pricing and minimum advertised price (MAP) programs; horizontal and vertical territorial and customer restrictions; dual distribution; exclusive dealing; effects of dominance; Blue CrossBlue Shield and American Express

10:50 a.m.  Vertical Restraints in the Real World-A Counseling Toolkit - Mr. Brockmeyer
A how-to-guide for Minimum Advertised Price (MAP) programs and Minimum Resale Price policies (aka Colgate programs) and more

11:20 a.m.  Intellectual Property, Antitrust and Distribution in Technology Industries - Mr. O'Connor
How high-tech businesses can use price and non-price restraints in IP licenses to maximize value and lessen antitrust risk; the role of copyright and trademark law in distribution; antitrust risks in the distribution and use of dominant technologies

11:50 a.m.  Questions and Answers

12:00 noon  Lunch Break


1:00 p.m.  Developments in the Law of Price Discrimination, Predatory Pricing, and Related Issues - Mr. Collins

1:45 p.m.  State and Federal Enforcement of Vertical Issues - Mr. Hubbard

2:20 p.m.  International Enforcement of Vertical Issues - Mr. Calvani

2:50 p.m.  Networking and Refreshment Break

3:05 p.m.  Vertical Issues: Panel Discussion - Ms. Funk; Messrs. Brockmeyer, Calvani, Collins, Dean, Hubbard, Jaglom, O'Connor, and Wegener

4:05 p.m.  Business Franchise Laws - Mr. Jaglom

4:45 p.m.  International Distribution Issues: Focus on Europe - Mr. Dean

5:30 p.m.  Questions and Answers

5:45 p.m.  Adjournment for the Day; Networking Reception for Registrants and Faculty


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



9:00 a.m.  Advertising and Unfair Competition Issues - Mr. 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 Break


1:45 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

3:00 p.m.  Networking and Refreshment Break

3:15 p.m.  The Foreign Corrupt Practices Act and Overseas Distribution - Ms. Hansen
FCPA risks of dealing with third party distributors and agents in foreign countries; best practices for compliance and prevention

4:00 p.m.  The Distribution Contract: Drafting Issues - Mr. Jaglom

5:15 p.m.  Questions and Answers

5:30 p.m.  Adjournment for the Day

FRIDAY, JUNE 28, 2013

8:00 a.m.  Continental Breakfast and Networking Session



8:30 a.m.  Ethical Issues in the Distribution Context: Panel Discussion - Entire Faculty

9:30 a.m.  Managing Distribution: Compliance and Dispute Avoidance - Mr. Jaglom

10:15 a.m.  Networking and Refreshment Break

10:30 a.m.  Dealer Terminations and Consolidation - Mr. Wegener
Perils and pitfalls; rethinking distribution strategies in the "New Economy" while avoiding being caught in the antitrust crosshairs

11:15 a.m.  Distribution Litigation and Negotiation - Messrs. Collins, Jaglom, and Wegener
Planning and strategy from the distributor and supplier viewpoints; case preparation, controlling costs while maximizing results; the impact of Twombly; class action trends; procedural and strategic concerns; tips for avoiding litigation

12:00 noon  Distribution Issues in Mergers and Acquisitions - Messrs. Jaglom and Wegener
Due diligence issues; antitrust issues, contract negotiations, deal timing and post- closing integration; risks of inadequate planning

12:45 p.m.  Questions and Answers

1:00 p.m.  Adjournment

Total 60-minute hours of instruction: 18.5 hours, including one hour of ethics

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:

Kudos from the 2013 presentation:

"Comprehensive overview of the topic combined with good practical advise."

"Excellent program. Instructors were very informative."

"One of the best seminars I 've attended in recent memory."

"Terry Calvani, as always, was outstanding."

Kudos from previous presentations:


Best substantive course I have ever attended.


The faculty was top notch – knowledgeable and approachable. I sincerely enjoyed the presentations.


After 30 years I don’t recall them all but I think this is the best CLE program that I have attended. Great presenters, great coverage of subject matter and great locale.


The substantive expertise of the panel was impressive and hearing their expert perspectives and experience was of unbelievable value for my practice going forward. - Travis Sheets, Muscatine, Iowa


Overall great course and the administration of the course was helpful, professional, and excellent.



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All times are Eastern time

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Course Details

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