Franchise and Distribution
In order for your business to succeed, your products and services need to reach your customers as efficiently as possible. At Quarles & Brady LLP, we will work with you to make your distribution network more profitable and help minimize litigation risks. Whether you are negotiating a dealer agreement, revising your franchise offering circular or litigating commissions payments with a sales representative, we will assist you in developing creative and cost-effective solutions.
Our clients succeed because we understand their businesses and their goals. Our Franchise and Distribution Group helps you be proactive and advance the goals of your business.
Business Advice
Success Story: Over its 20-year-plus history, our client had accumulated and used literally dozens of different distribution contracts, purchase orders, invoices, operating manuals and other business documents. Many were out-of-date and did not address issues related to the Internet and e-commerce. We were able to analyze our client’s goals and develop a set of best practices, creating a uniform set of business documents. We later met with the client’s managers to review the documents and explain how they should be used to reduce risk and effect business changes.
Our services in this area include:
- Drafting and revising your distribution agreements and other documents that contain your terms and conditions of sale.
- Assisting you in consolidating and integrating your distribution network.
- Advising you on all matters affecting the marketing and distribution of your products and services, including such areas as e-commerce, antitrust, trademarks and patents, advertising and warranties.
- Working with you to comply with the many industry-specific and generally applicable laws that limit your ability to terminate or change your distribution network relationships.
- Creating guidelines and programs to improve and document the performance of those in your distribution network.
Franchise
Success Story: Our client approached us with an idea to open a new kind of telecommunications store that would provide customers with innovative products not generally found in one convenient location. We worked with the client to establish, from scratch, a nationwide franchise system. In a short time, we completed all of the agreements, disclosure and registration materials needed to move from concept to nationwide chain.
Our services include:
- Preparing, revising and supplementing your franchise disclosure document.
- Drafting and reviewing your franchise and related agreements.
- Ensuring your compliance with federal and state franchise registration/disclosure requirements.
- Arranging franchise broker and other referral programs to grow your franchise network.
- Working with you to create and structure your franchise network operational programs and policies.
- Advising you of trends, developments and best practices for you and your franchise network.
- Helping you to register, enforce and establish your trademarks and trade names.
Litigation
Success Story: Following a $14 billion acquisition of its competitor, our client was faced with two separate distribution systems for its product lines. Through a combination of litigation and negotiation, we were able to help our client meet its goal of significantly consolidating its distribution network.
Our services include:
- Helping you to identify and resolve issues before disputes arise and litigation ensues.
- Representing you in all forms of dispute resolution, including mediation and arbitration.
- Aggressively representing your interests in any federal or state court in which you may find yourself in litigation (as plaintiff or defendant).
- Providing you with creative business solutions to disputes that achieve your goals and minimize your litigation costs.
For more information about how our Franchise and Distribution Team of talented attorneys can help your company achieve your objectives, please contact Daniel M. Janssen at 414-277-5733 /
or speak with your local Quarles & Brady attorney.