Product Distribution and Marketing
Why Attend?
| This year's course addresses the effect of the U.S. Supreme Court's landmark Leegin decision, which overturned the century-old per se rule against resale price maintenance agreements. |
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.
This annual advanced course of study, comprising a full 18 hours of instruction, 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 private practitioners, corporate counsel, former government enforcement attorneys, a Federal Trade Commissioner, and a former member of the Irish Competition Authority.
The program reviews applicable law, including recent developments and U.S. Supreme Court activity (including the landmark 2007 Leegin case overturning the century-old per se rule against resale price maintenance), and considers the effect of the law in the contexts of client counseling, planning and management of distribution relationships, and the acquisition of distribution businesses.
The program 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.
Time is reserved throughout the program to address written questions submitted by the registrants.
Planning Chairs
(Also on faculty)
Andre R. Jaglom, Tannenbaum Helpern Syracuse & Hirschtritt LLP, New York
Faculty
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 LLP, Washington, D.C.; former Member and Director of Cartel Division, The Irish Competition Authority; former Commissioner, Federal Trade Commission
John F. Collins, Dewey Ballantine LLP, New York
Michael J. Dean, Maclay Murray & Spens LLP, Glasgow, Scotland
Kenneth G. Elzinga, Robert C. Taylor Professor of Economics, University of Virginia, Charlottesville
Isabel Galvão Bueno C. Franco, Demarest e Almeida Advogados, Sao Paulo, Brazil
Pamela Jones Harbour, Commissioner, Federal Trade Commission, Washington, D.C.; former Deputy Attorney General, Public Advocacy Division, New York State Attorney General's Office
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
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
ALI-ABA Staff: Thomas M. Hennessey, Assistant Director, Offices of Courses of Study
Program Schedule
THURSDAY, MARCH 6, 2008
8:00 a.m. Registration and Continental Breakfast
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 - Professor Elzinga
10:15 a.m. Networking Break
10:30 a.m. Vertical Restraints - Messrs. Brockmeyer and Wegener
Price restraints; the impact of the 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
11:50 a.m. Questions and Answers
12:00 noon Lunch Break
Webcast Segment B
1:15 p.m. Price Discrimination, Predatory Pricing, and Related Issues - Mr. Collins
2:00 p.m. Intellectual Property and Antitrust - Mr. O'Connor
2:30 p.m. Questions and Answers
2:40 p.m. Federal and State Enforcement of Vertical Issues - Commissioner Harbour
3:10 p.m. International Enforcement of Vertical Issues - Mr. Calvani
3:40 p.m . Networking Break
3:55 p.m. Vertical Issues: Panel Discussion - Commissioner Harbour, Professor Elzinga, and Messrs. Brockmeyer, Calvani, Collins, Dean, Jaglom, O'Connor, and Wegener
4:35 p.m. Business Franchise Laws - Mr. Jaglom
5:20 p.m. Questions and Answers
5:30 p.m. Adjournment for the Day
FRIDAY, MARCH 7, 2008
8:00 a.m. Continental Breakfast
THE REGULATORY ENVIRONMENT: OTHER LAWS
Webcast Segment C
8:30 a.m. International Distribution Issues: Focus on Latin America - Ms. Franco
9:15 a.m. International Distribution Issues: Focus on Europe -
Mr. Dean
10:00 a.m. Questions and Answers
10:05 a.m. Networking Break
10:20 a.m. Advertising and Unfair Competition Issues - Mr. Kurnit
Substantiation; deceptive practices; comparative advertising; competitor challenges and litigation
11:50 a.m. Advertising and Unfair Competition: Federal and State Enforcement - Commissioner Harbour
12:20 p.m. Advertising and Consumer Protection: Questions and Answers - Commissioner Harbour and Mr. Kurnit
12:30 p.m. Lunch Break
Webcast Segment D
1:45 p.m. Distribution and Marketing on the Internet - Mr. Jaglom
Intellectual property protection in the computer industry; brief overview of legal issues
2:30 p.m. Intellectual Property Protection - Mr. Kurnit
Copyright and trademark; designation of origin; gray market issues; rights of privacy and publicity
3:45 p.m. Questions and Answers
4:00 p.m. Networking Break
4:15 p.m. The Distribution Contract: Drafting Issues - Mr. Jaglom
5:10 p.m. The Distribution Contract: Panel Discussion - Ms. Franco and Messrs. Dean, Jaglom, and Wegener
5:40 p.m. Questions and Answers
5:45 p.m. Adjournment for the Day
SATURDAY, MARCH 8, 2008
8:00 a.m. Continental Breakfast
THE DISTRIBUTION RELATIONSHIP: TERMINATION
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 Break
10:30 a.m. Dealer Terminations and Consolidation - Mr. Wegener
11:10 a.m. Distributor Litigation and Negotiation - Messrs. Collins, Jaglom, and Wegener
Planning and strategy from the distributor and supplier viewpoints
11:50 a.m. Distribution Issues in Mergers and Acquisitions - Messrs. Jaglom and Wegener
12:10 p.m. Questions and Answers
12:30 p.m. Adjournment
Total 60-minute hours of instruction: 18, 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:
"This is my second time attending this course. It is by far the best ALI-ABA has to offer - great speakers, knowledgeable, practical."
"Drew Jaglom organized a comprehensive and informative course that met and exceeded my professional development requirements. Great conference!"
"Best ALI-ABA program I have attended."
"I think the course is superb and Drew Jaglom's presentations clearly the best."
"This course was excellent in conveying the subject matter as well as integrating current issues and debate. I found this course to be well paced and informative."
"This is my third time in about 10 years to attend this seminar. It is always helpful and a great concentrated review for the business lawyer."
