Product Distribution and Marketing
Why Attend?
This year's course examines developments since the U.S. Supreme Court's landmark 2007 Leegin decision, which overturned the century-old rule against resale price maintenance agreements.
This 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
Advertising
E-Commerce and Internet Distribution
Franchising
Unfair Competition
Consumer Protection
Intellectual Property
International Distribution
Drafting Distribution Agreements and Managing Distribution
Dealer Disputes and Termination
Acquisitions
Ethical Issues (one hour)
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.
What You Will Learn
This annual advanced course of study, comprising a full 19 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 internationally-based private practitioners, as well as former corporate counsel, former government enforcement attorneys, an economics professor, and a Federal Trade Commissioner.
The program reviews applicable law, including recent developments and U.S. Supreme Court activity (including the implications of 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.
Planning Chair
(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
John F. Collins, Dewey & LeBoeuf 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
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
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
ALI-ABA Staff: Amy S. Weinberg, Assistant Director, Office of Courses of Study
Program Schedule
WEDNESDAY, MARCH 18, 2009
8:00 a.m. Registration
Webcast Segment A
9:00 a.m. Introductory Remarks and Course Overview (Methods of distribution; direct distribution; dealers and distributors; franchising; licensing of manufacturing rights; trademarks, technology, and trade secrets) - Mr. Jaglom
THE REGULATORY ENVIRONMENT: ANTITRUST
9:10 a.m. Economic Analysis of Distribution and Termination - Professor Elzinga
10:15 a.m. Networking Break
10:30 a.m. Vertical Restraints (Price restraints; the impact of the Supreme Court's 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) - Professor Elzinga
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. Dean
3:40 p.m. Networking Break
3:55 p.m. Vertical Issues: Panel Discussion - Commissioner Harbour, Professor Elzinga, and Messrs. Brockmeyer, Collins, Dean, Jaglom, O'Connor, and Wegener
4:45 p.m. Business Franchise Laws - Mr. Jaglom
5:30 p.m. Questions and Answers
5:40 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty
THURSDAY, MARCH 19, 2009
8:30 a.m. Networking Session
THE REGULATORY ENVIRONMENT: OTHER LAWS
Webcast Segment C
9:00 a.m. Advertising and Unfair Competition Issues(Substantiation; deceptive practices; comparative advertising; competitor challenges; and litigation) – Mr. Kurnit
10:45 a.m. Networking Break
11:00 a.m. Advertising and Unfair Competition: Federal and State Enforcement – Commissioner Harbour
11:30 a.m. Distribution and Marketing on the Internet (Intellectual property protection in the computer industry; brief overview of legal issues) - Mr. Jaglom
12:30 p.m. Questions and Answers
12:45 p.m. Lunch Break
Webcast Segment D
2:00p.m. Intellectual Property Protection (Copyright and trademark; designation of origin; gray market issues; rights of privacy and publicity) – Mr. Kurnit
3:15 p.m. Networking Break
3:30 p.m. International Distribution Issues: Focus on Latin America – Mr. Pacheco
4:15 p.m. International Distribution Issues: Focus on Europe – Mr. Dean
5:00 p.m. Questions and Answers
5:15 p.m. Adjournment for the Day
FRIDAY, MARCH 20, 2009
8:30 a.m. Networking Session
THE DISTRIBUTION RELATIONSHIP: CREATION, MANAGEMENT, AND TERMINATION
Webcast Segment E
9:00 a.m. The Distribution Contract: Drafting Issues – Mr. Jaglom
10:10 a.m. The Distribution Contract: Panel Discussion – Messrs. Dean, Jaglom, and Wegener
10:45 a.m. Networking Break
11:00 a.m. Ethical Issues in the Distribution Context: Panel Discussion - Entire Faculty
12:00 noon Managing Distribution: Compliance and Dispute Avoidance - Mr. Jaglom
12:45 p.m. Questions and Answers
1:00p.m. Lunch Break
Webcast Segment F
2:15 p.m. Dealer Terminations and Consolidation – Mr. Wegener
3:00 p.m. Distribution Litigation and Negotiation (Planning and strategy from the distributor and supplier viewpoints) – Messrs. Collins, Jaglom, and Wegener
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
Note: The discussions include at least one full hour on ethics and professional responsibility issues, accepted as such by most, but not all, MCLE jurisdictions.
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:
"The CLE was one of the best I have ever attended. Great speakers and materials."
"The faculty was wonderful and the program was truly excellent – so much information! Thank you."
"I enjoyed the course very much. I’ve attended this particular CLE before and it is spot on with what I do. The attorneys are approachable and knowledgeable, and the course materials, in the handbook, will be very valuable as a reference tool in my day-to-day work."
The presentations were great, and I learned a lot."
"The course book is excellent. Many of the presenters are also excellent."
