Posts By Frederic Mendelsohn

Pre-dispute resolution provisions should be carefully considered, along with much of the other seemingly legal “boiler-plate” provisions that show-up at the end of distribution and other contracts, before signing off on a contract that can affect a business relationship for years.
&nbsp ;
Most distributors are familiar with written contracts (like distribution agreements) that have provisions near the end of the document that appear quite legal in nature. Generally, one set of these legal provisions relates to where and how contract disputes are resolved. Most distributors are familiar with arbitration, where the parties give up the right to have their claim heard in court, as well as their right to a jury trial. Mandatory arbitration provisions,”however, are just the tip of the …

The gray market is ill-defined and can range from legitimate goods intended for sale elsewhere sold in an unauthorized area, to outsourced manufacturers who generate more product than that ordered by an OEM, to goods that are remanufactured after use, to pure piracy. Here's a look at a recent case between a manufacturer and distributor.

Recently, Hewlett-Packard resolved a gray market" lawsuit that it filed in a federal district court in Tennessee against one of its by-then terminated distributors and one of the distributor's customers.

In essence, HP claimed that its distributor violated the terms of its authorized reseller agreement by purchasing products at deep discounts and then selling the products to a customer not authorized by HP.

The …