Drafting Product Distribution Agreements: Allocating Supplier and Distributor Risks
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide business counsel with a roadmap for drafting and negotiating product distribution agreements. The panel will discuss key clauses that should be included in the contracts and explain strategies for mitigating risk and avoiding common negotiation pitfalls.
- Types of distribution agreements
- Exclusive distributorship
- Non-exclusive distributorship
- Commonly negotiated provisions
- Scope of agreement
- Non-exclusivity or exclusivity, implications of e-commerce
- Noncompete clauses
- Performance obligations
- Reporting obligations
- Trademark licensing
- Termination and post-termination remedies
- Pricing and Antitrust issues
- Choice of law, forum, and arbitration
- Industry-specific laws and requirements affecting distribution agreements
- Distinguishing distribution agreements and franchises
The panel will review these and other key issues:
- What are the key contract terms to include in product distribution agreements?
- How can counsel for suppliers and distributors best mitigate risk when drafting and negotiating distribution agreements?
- What are the most commonly disputed issues during contract negotiations and what are some effective strategies for resolving them?
- What industries have special laws regulating distribution arrangements?
- When is a distribution agreement really a franchise and why franchise status matters?
Jesse D. Lyon
Davis Wright Tremaine
Mr. Lyon helps food, beverage, alcohol, and branded agriculture companies find and realize business opportunities and... | Read More
Mr. Lyon helps food, beverage, alcohol, and branded agriculture companies find and realize business opportunities and solve complex challenges through creative distribution agreements, other strategic alliances, and M&A to enhance supply chain systems. He is particularly adept in non-alcohol and alcohol beverage distribution matters, including recognition by Chambers USA as a leading lawyer in Food & Beverage: Alcohol in USA / Nationwide. With advanced degrees in agricultural economics, firsthand experience in the food and beverage industry, and a deeply focused legal career spanning over 20 years, his exceptional knowledge helps clients thrive.Close
Rochelle (Shelley) Spandorf
Davis Wright Tremaine
Ms. Spandorf focuses her practice on business franchise and distribution issues, representing franchisors,... | Read More
Ms. Spandorf focuses her practice on business franchise and distribution issues, representing franchisors, manufacturers, licensors, suppliers, franchisees, and distributors in their domestic and international expansion and strategic development. She concentrates her practice on a broad spectrum of transactional and regulatory issues for clients in all industry sectors, and assists clients with their contracts and legal compliance matters, franchise sales compliance duties, and operating issues.Close