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Manufacturing, Distribution & Franchising

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Overview

The Manufacturing, Distribution & Franchising Group at Barack Ferrazzano provides practical problem solving for manufacturers and energy companies who rely on dealer and supplier networks to sell and market their products. We offer one of the most experienced and diverse practice areas of its kind, with more than 40 attorneys who bring well over 100 combined years of industry knowledge and supply chain representation to our clients’ business problems in the following arenas:

  • Network litigation and commercial trials.

  • Business transactions, including dealership add-points, ownership changes and sales, rights of first refusal and dealer/franchise terminations.

  • Counseling on franchise and distribution matters and regulatory concerns, including structuring programs and initiatives that involve parts distribution, service operations and fleet sales and service; “over-the-air” transmission of software repairs and updates; drafting and implementing dealer network policies and guidelines; structuring and drafting market action agreements and other arrangements with dealers.

  • Counseling on commercial matters and intellectual property, including reviewing and drafting a broad range of commercial agreements with third party service providers and suppliers.

  • Cure and dealer network improvement programs.

  • Emerging privacy concerns regarding protection and legality of use of customer data by manufacturers/distributors and dealers in the face of new federal and state statutes.

  • Defense of incentive and performance bonus programs.

  • Network and brand launches.

  • Warranty issues and audits.

  • The marketing and sale of extended warranties, service contracts and maintenance plans, including client branded and white label programs.

  • Domestic and international supply chain contracts, including manufacturing, distribution and reseller arrangements.

  • Co-branding contracts.

  • Fleet agreements.

  • Professional services agreements.

  • Exclusive requirements and output contracts.

  • Raw material and equipment acquisition and disposition.

The strength of our group in managing these issues for our clients is our emphasis on team collaboration. Because effective representation draws from many different areas of the law, our team members emphasize communication throughout the practice group and sharing of knowledge and skill sets. In addition to working on project teams, which are frequently diversified with members of our litigation and corporate/transactional teams, the Group emphasizes the importance of industry training and group-wide meetings to improve the Firm’s effectiveness as a collective whole. By working as a unified team, our clients experience a seamless transition as they engage our attorneys across these practice areas.

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