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.
Antitrust and competition
E-Commerce and internet distribution
Business franchise and dealer protection law
Consumer protection legislation
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)
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!
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.
Andre R. Jaglom, Tannenbaum Helpern Syracuse & Hirschtritt LLP, New York
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
WEDNESDAY, JUNE 26, 2013
8:00 a.m. Registration and Continental Breakfast
8:55 a.m. Administrative Remarks - ALI CLE Staff
VIDEO WEBCAST SEGMENT A
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
THE REGULATORY ENVIRONMENT: ANTITRUST LAWS
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
VIDEO WEBCAST SEGMENT B
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
THURSDAY, JUNE 27, 2013
8:30 a.m. Continental Breakfast and Networking Session
THE REGULATORY ENVIRONMENT: OTHER LAWS
VIDEO WEBCAST SEGMENT C
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
VIDEO WEBCAST SEGMENT D
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
THE DISTRIBUTION RELATIONSHIP: CREATION, MANAGEMENT, AND TERMINATION
VIDEO WEBCAST SEGMENT E
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
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."
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.
All times are Eastern time