​In addition to your contractual arrangements, there are a number of state and federal laws that regulate how dealers, distributors, and manufacturers interact with each other, including circumstances under which a dealership or distributorship may be terminated or changed.

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Anovven Law is knowledgeable in these laws and is here to help you navigate these complex laws and regulations.

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For over a decade we have worked with manufacturers and distributors.  We assists these clients in a wide range of operational, regulatory and litigation matters. Deeply familiar with industry state laws that govern the operations of manufacturers, Anovven Law helps guide its clients through the comprehensive range of operational, transactional and risk management strategies involved in manufacturing products, establishing dealerships, distributing products, and successfully navigating legislative interests before governmental agencies and regulatory bodies.

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We represent the industry in a wide variety of franchise and product transactions and disputes including:

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• Breach of contract

• Fraud

• Add points

• Relocations

• Terminations

• Product allocations

• Warranty reimbursements

• Audits

• Inventory security interests

• Financing

• Transfer issues

• Incentive discrimination and Robinson-Patman claims

• Unfair business practices claims

• Minimum Advertise Price Policies and internet advertising

• Grey markets and unauthorized exports

• Counterfeit products

• IP cease and desists

• Warranty/lemon law/customer service, and other manufacturer/dealer issues

 

 

In a perfect world, disputes would be resoled without litigation.  However, there are times when litigation is the most effective way to resolve a dispute.  We represent manufacturers, distributors, and franchisors in wide-ranging litigation in state and federal courts, as well as in mediation and arbitration proceedings. These include:

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• Termination claims

• Breach of contract/agreement

• Implied covenant of good faith and fair dealing

• Transfers

• Discrimination claims

• Breach of fiduciary duties

• Trademark and copyright infringement

• Fraud

• Confidentiality agreements to protect against disclosure of proprietary information

• Covenants not to compete and non-solicitation agreements

• Represent international manufacturer of Powersport Vehicles on an ongoing basis as US outside General Counsel on all manufacturer-dealer disputes.

• Represented US automobile manufacturer on requests from hundreds of dealers for arbitration relating to Chrysler’s bankruptcy following Chrysler's termination of those dealerships.

• Represented US automobile manufacturer before the California New Motor Vehicle Board in a protest filed by a dealer terminated for relocating without authorization.

• Represented US automobile manufacturer in action brought by dealer alleging claims for breach of contract, breach of duty to act in good faith, breach of express and implied promises, and violations of federal and state franchise laws (US Dist., N.D. Ohio).

• Represented manufacturer of steel and aluminum dump trailers against dealer claims for unlawful termination of dealer agreement and violation of the Colorado Motor Vehicle Dealer Act (US Dist., D. Colo.).

• Represented International Automobile Manufacturer in a breach of agreement to update facility brought against dealer and defended client on counterclaim for breach of dealership agreement, breach of duty of good faith and fair dealing, and violation of Automobile Dealer Day in Court Act (US Dist., E.D. Wisconsin).

• Represented Defendant dry wall supplier in claims for breach of supply contract (US Dist., D. Colo.).

• Represented manufacturer of motorcycle engines and transmissions against claim for breach of express warranty and implied warranty of merchantability in connection with the manufacture and sale of motors and transmissions for custom motorcycles (US Dist., D. Colo.).

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We draft manufacturing and distribution agreements, including:

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• Draft and negotiate exclusive manufacturing Agreement for manufacturing of products in China.

• Draft distribution agreement for mining equipment to be distributed in Mexico.

• Draft agency agreement for distribution of products in Mexico.

• Draft MAP policies.