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Risks and rewards of sales requirements in distributor and sales representative agreements

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • March 8 2013

Suppliers, when appointing a distributor or a sales representative, will often want to include minimum sales requirements. These requirements both

Written sales representative agreement succeeds in limiting commissions of terminated representative

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • February 21 2013

It is common for manufacturers and sellers of products to use independent sales representatives to generate sales. These arrangements can be "win

Statute of Frauds defense fails based on course of dealing

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • February 8 2013

The Statute of Frauds requires certain contracts to be evidenced by a writing to be enforceable. It is based on an English statute from the 17th

Understanding California's Transparency in Supply Chains Act

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • October 31 2012

Companies with connections to California should be aware of a new law that became effective in 2012, called California's Transparency in Supply Chains Act ("Act"

In Illinois, corporate officers and directors can owe a fiduciary duty to corporate creditors

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • October 4 2012

Recently, the First District of the Illinois Appellate Court reversed the trial court's dismissal of an action for breach of fiduciary duty because it found that corporate directors and officers, in certain circumstances, owe a fiduciary duty to the corporation's creditors

Taking charge of your sale: controlling the sale means controlling the sales documents

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • September 20 2012

When does a sale start?

Appellate court finds choice-of-law clause does not trump territorial limitations of a consumer fraud action

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • September 7 2012

Recently, the Second District of the Illinois Appellate Court affirmed the trial court’s dismissal of a claimed violation of the Illinois Consumer Fraud Act (the “CFA”) because the alleged violation did not primarily take place in Illinois

Court protects shareholder from liability when it terminates payments to former executive

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • July 6 2012

One of the benefits to a corporate form of entity is the protection of shareholders from liability for obligations of the corporation

When your secrets are no longer secrets: the need for confidentiality agreements

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • May 8 2012

Companies often find that their most important “trade secrets” their customer lists, price lists, production methods, product designs, and the like are no secret at all in the eyes of a court

Distributors win (and lose) against terminating medical goods supplier

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • September 8 2011

Although we have reported cases in which courts have denied recovery to claimants who failed to protect themselves in their contracts, a recent Seventh Circuit case illustrates an exception for fraud, intentional misrepresentation, and negligent misrepresentation

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