Our antitrust and trade regulation practice assists clients with legal issues that arise in the structuring of business combinations and divestures, and the marketing and sale of goods and services. We counsel and represent clients in domestic and cross-border marketing and distribution, antitrust law, franchising, the sales article of the Uniform Commercial Code and other market-related activities.
Our expertise in these areas, combined with our litigation practice and international perspective, enables us to marshal the skills and experience that our clients require to achieve their objectives across the entire spectrum of their business enterprises.
Sales and Distribution
Our lawyers frequently address antitrust and trade regulation issues arising in the sales and distribution process. Because the sale of goods and services involves a contractual relationship between the seller and the buyer, our lawyers regularly apply the laws of many domestic and international jurisdictions governing contract formation, rights and obligations, warranties, and enforcement of contracts or remedies for their breach. We draft sales and distribution agreements, advise clients on the application of legal rules and principles to business transactions, and counsel clients on innovative or alternative strategic approaches.
Antitrust and Unfair Competition
Our lawyers counsel our clients with regard to compliance with federal, state and international antitrust laws and laws governing unfair competition. These areas of expertise include the law relating to relationships among competitors; the law governing dealings between manufacturers and their distributors; and antitrust law review of mergers and acquisitions, including cross-border joint ventures and restructuring by divesture. Our practice group’s lawyers represent clients in creating positive solutions in negotiations or proceedings with the Federal Trade Commission and the Justice Department’s Antitrust Division.
Franchising is regulated extensively by both state and federal law. Within this field, we handle preparation and negotiation of franchise agreements and franchise offering documents, give advice concerning regulatory compliance, and help resolve disputes between franchisors and franchisees. We also counsel franchisors and franchisees in business planning, financing and other aspects of launching and developing their businesses.
Trademarks and Copyrights
We advise clients on the selection and registration of trademarks, trade names and trade dress, registration of copyrights, and other matters relating to ownership and protection of intellectual property.
Export and Import Controls
Never to be neglected in planning international business initiatives, export controls or import requirements can be a critical element in cross-border success. Whether they arise in the control of defense-related technology, industrial espionage, domestic content, offset requirements or other regulatory arenas, export control laws are often a significant element in the counseling we provide to clients with advanced or strategic services and products.