Distribution and Sales Agent Contracts: Drafting Provisions on Exclusivity, Territory, Sales Support, Trade Secrets
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will examine key legal considerations for counsel drafting and negotiating distribution and sales agent contracts. The panel will discuss the similarities and differences between distribution and sales agent agreements, and potential pitfalls for counsel negotiating these contracts. The panel will also identify some best practices for drafting key provisions in the agreements, including exclusivity, territory rights, sales support, product liability, trade secret protection, termination rights, choice of law, and more.
Outline
- Application of UCC and antitrust laws to the agreements
- Key provisions in the agreements
- Exclusivity
- Territory
- Sales support
- Trade secrets and other proprietary information
- Insurance
- Indemnification
- Choice of law
Benefits
The panel will review these and other key issues:
- What are the potential legal pitfalls for counsel drafting distribution and sales agent contracts?
- What are the similarities and differences between distribution and sales agent contracts?
- What are the most heavily negotiated terms in the agreements?
- How can counsel best mitigate risk when drafting distribution and sales agent agreements?
Faculty
Mark R. Butscha, Jr.
Partner
Thompson Hine
Mr. Butscha is an antitrust lawyer whose practice focuses on merger control, including filings under the... | Read More
Mr. Butscha is an antitrust lawyer whose practice focuses on merger control, including filings under the Hart-Scott-Rodino (HSR) Act and similar “merger control” laws around the world. He has represented clients in merger investigations by the U.S. Department of Justice and Federal Trade Commission. Mr. Butscha recently completed a secondment with a global power management company where he served as in-house competition counsel. He also is an experienced litigator who has represented clients in state and federal trial and appellate courts, arbitration tribunals, and administrative proceedings involving antitrust, competition, and other complex claims, including class actions. Mr. Butscha has argued appeals before the U.S. Court of Appeals for the Sixth Circuit and the Ohio Court of Appeals and represented clients in appeals before other appellate courts, including the New York Court of Appeals and the U.S. Court of Appeals for the Ninth Circuit. He also has represented companies and individuals facing criminal inquiries and investigation. Mr. Butscha is an active participant in the firm’s pro bono practice.
Close
Matthew D. Ridings, CCEP
Partner
Thompson Hine
Mr. Ridings' practice focuses on antitrust and anti-corruption related matters. He has successfully tried... | Read More
Mr. Ridings' practice focuses on antitrust and anti-corruption related matters. He has successfully tried numerous criminal and civil trials that have alleged various antitrust, RICO, and other corruption-related violations. Outside of the court room, Mr. Ridings has defended companies and individuals in investigations and proceedings brought by the Department of Justice, Federal Trade Commission, Securities and Exchange Commission, European Commission, and the Canadian Competition Bureau, among others.
Close
Jennifer S. Roach
Partner
Thompson Hine
Ms. Roach focuses her practice on litigating unfair competition, intellectual property, trade secret... | Read More
Ms. Roach focuses her practice on litigating unfair competition, intellectual property, trade secret misappropriation, distribution and antitrust matters, and providing advice and guidance to clients concerning distribution, franchise, antitrust and unfair competition issues and the protection of intellectual property. She has trial experience in both federal and state courts, and has drafted numerous agreements related to product distribution in the United States and internationally.
Close
Caitlin R. Thomas
Attorney
Thompson Hine
Ms. Thomas is a managing associate in the Business Litigation group. She focuses on complex litigation in a wide... | Read More
Ms. Thomas is a managing associate in the Business Litigation group. She focuses on complex litigation in a wide range of industries, including banking and manufacturing, and has represented clients in state and federal trial and appellate courts and alternative dispute resolution tribunals. As a member of the firm’s Antitrust, Competition, & Distribution group, Ms. Thomas has litigated antitrust, product distribution, and unfair competition matters throughout the United States, including class actions. She has also counseled manufacturers regarding product distribution issues and agreements. Ms. Thomas also participates in the firm’s pro bono practice.
Close