Current Issues In Distribution Law

March 4, 2003
The Yale Club in Manhattan, New York, NY
The Franchise & Distribution Practice Group at the law firm of Wiggin & Dana LLP will hold a seminar through the American Corporate Counsel Association on “Current Issues in Distribution Law.”

Edward Wood Dunham and Joseph Schumacher of Wiggin & Dana will present along with guest and client William A. Darrin, Director of Dispute Resolution for Doctor’s Associates, Inc., franchisor of Subway Sandwich Shops.

Topics will include:

  • Federal and State Regulation of Franchise Relationships
  • The Accidental Franchise - Understanding and avoiding the pitfalls of the inadvertent franchise relationship.
  • Competing with your own dealers and distributors - Dual distribution systems and how juries, judges and arbitrators are viewing Internet competition by manufacturers / suppliers against their own dealer / distributors.
  • The Covenant of Good Faith and Fair Dealing - what it means at common law, whether it is possible (and advisable) to draft around it.
  • Drafting and Enforcing Risk Management Clauses - arbitration, judicial forum selection, jury trial waivers, damage caps or exclusions
  • Enforcing System Standards - and the potential for vicarious liability.
  • The Intellectual Property Aspects of franchise, dealer and distributor relationships.
  • Contractual and Statutory Issues in terminating the relationship.

The course has been approved in accordance with the requirements of the NY State CLE Board for 2 credit hours.

Jack Dunham, chair of Wiggin & Dana's Executive Committee, is a Fellow of the American College of Trial Lawyers and Editor-in-Chief of the ABA Franchise Law Journal. He has been elected to serve on the Governing Committee of the ABA Forum on Franchising, and is listed as a business litigator in Best Lawyers in America and The International Who's Who of Franchise Lawyers.

Joe Schumacher, head of Wiggin & Dana's Franchise and Distribution Practice Group, has extensive experience assisting clients in all aspects of franchising, including the creation and growth of franchise programs, transactional and regulatory matters, and complex litigation. Mr. Schumacher is listed in The International Who's Who of Franchise Lawyers.

Bill Darrin has for over a decade been the in-house lawyer in charge of litigation and arbitration for the Subway franchisor, which operates one of the largest and most successful franchise systems in the world.

The fee is $25 for NY ACCA members; and $50 for nonmembers. Please make checks payable to "NY - ACCA" and return to Jennifer Chittick at Wiggin & Dana, P.O. Box 1832, New Haven, CT, 06508-1832. Tel: 203.498.4518; Fax: 203.782.2889; Email: [email protected] Please RSVP by February 21.