The Franchise And Dealership Termination Handbook

This book provides practical guidance to help counsel sort through issues frequently encountered when a franschise or dealership ends, and addresses what a termination involves.

"The Franchise and Dealership Termination Handbook provides practical guidance for lawyers as they counsel their clients and navigate the difficult issues that often arise when a franchise or dealership ends. Termination is often the last thing parties consider when they first enter into a franchise or dealership relationship, but it is a critical event for all parties involved, and can give rise to significant duties and liabilities. A thorough understanding of the contractual relationship between the parties, and the common law and statutory landscape of franchise and dealership termination, is critical to protecting the rights and interests of all involved. This book explains what a termination involves, the steps involved in that process, and how counsel can protect their clients' respective rights and interests. Issues covered include: how to prepare for a termination; statutory limits on termination rights; alternatives to termination; litigation and alternative dispute resolution; frequent counterclaims; antitrust claims in the termination context; post-termination covenants not to compete; and post-termination trademark and trade secret infringement. The second edition of this immensely popular book has been fully updated to incorporate the latest developments in this complicated area of law, and will be an invaluable resource for specialists and generalists alike"--Provided by publisher.

Antitrust Law and Economics of Product Distribution explores the economics of product distribution and examines whether the courts have formulated legal standards consistent with those economic principles - focusing on the sale of goods through dealers, distributors, and franchisees.

Franchise Desk Book is your primary reference to the text of generally applicable franchise registration, disclosure and relationship statutes and accompanying regulations. You'll benefit from the expert commentary on franchise statutes and cases that provide you with a look behind the scenes with respect to the covered state's laws. In addition, this manual includes annotations of reported and unreported cases that are arranged and keyed to topics that franchise lawyers need and can understand, such as franchise fees, exemptions from registration and more. The unique annotation system that is designed specially for franchise lawyers will allow you to put your finger on cases that focus upon the issues that matter most.

American business is dysfunctional. Companies of all sizes follow the mistaken belief that their products and services are best sold through mega-customers with pervasive market reach, such as Amazon and Walmart. Far too many business leaders fail to realize—until it is too late—that the relentless pursuit of volume at all cost is not the key to long-term profits and success. The Customer Trap: How to Avoid the Biggest Mistake in Business is Thomas and Wilkinson’s sequel to The Distribution Trap: Keeping Your Innovations from Becoming Commodities, which won the Berry-American Marketing Association Prize for the best marketing book of 2010. The Distribution Trap contended that cracking the big-box channel is not necessarily the Holy Grail that many marketers assume it is. The Customer Trap takes this thesis to the next level by arguing that all companies, regardless of the industry there are in, should maintain control over their sales and distribution channels. Volume forgone by avoiding the mass market is more than offset by higher margins and stronger brand equity. The Customer Trap shows that giving power to a customer who violates "the ten percent rule" sets a company up for ruin. Yet, when presented with the opportunity to push more sales through large customers, most decision-makers jump at the chance. As a result, marketing has come to resemble a relentless quest for efficiency and scale. Demands from mega-customers in the form of discounts, deals, and incentives erode the integrity of the brand and what it originally stood for. Lower margins become the norm and cost-saving compromises on quality take over. In time, the brand suffers and, in some cases, fails outright. Stark examples from Oreck Vacuum Cleaners, Rubbermaid, Goodyear, Levi’s, and others illustrate the perils of falling into the "customer trap." This book demonstrates in vivid detail how to thrive by controlling your sales and distribution. The authors show how many firms, such as STIHL Inc., etailz, Apple, Red Ant Pants, and Columbia Paints & Coatings, have prospered by avoiding the "customer trap"—and how your company can have similar success.

Business networks consist of several independent businesses that enter into interrelated contracts, conferring on the parties many of the benefits of co-ordination achieved through vertical integration in a single firm, without creating a single integrated business such as a corporation or partnership. Retail franchises are one such example of a network, but the most common instance is a credit card transaction between a customer, retailer, and the issuer of the card. How should the law analyse this hybrid economic phenomenon? It is neither exactly a market relationship - because that overlooks the co-ordination, relational qualities and interdependence of the contracts - nor is it a type of business association or company, since it lacks a centralised co-ordinating authority that receives the residual profits. This book is a translation of Gunther Teubner's classic work on networks, setting out his novel legal concept of 'connected contracts'. In it he explains how this concept addresses the problems posed by networks, such as the question whether the network as a whole can be held legally responsible for damage that it causes to third parties such as customers. A substantial introduction by Hugh Collins explains the analysis of networks in the context of German law and the systems theory from which Teubner approaches the topic. The introduction also explores how far the concept of connected contracts might assist in the common law world, including the UK and the USA, to address the same problems that arise in cases involving networks. As well as making a contribution to comparative law and legal theory, the book will be of interest to scholars interested in contract law, commercial law and the law of business associations.