Making products and/or services available for the businesses or consumers that use them can be accomplished directly by the producer or service provider, or through indirect channels with intermediaries. These relationships and the agreements that define them are a major tool for businesses of all sizes and in every market segment. Many distribution contracts represent critical elements of doing business and remaining competitive. Unfortunately, problems with distribution relationships often arise after the contract is signed. When a distribution relationship goes sour, identifying and untangling each party's rights and interests can be complicated and result in litigation.
At Masuda Funai, a significant portion of our practice is focused on defending the rights of business clients involved in distribution-related disputes on a regional and national, and even international scale. Our decades-honed competency and success in navigating clients through and beyond contentious disputes involving sales, distribution, dealer, franchise, sales representative, license, vendor, OEM, security, lease, consignment, warehouse and bailment agreements is a major reason why clients retain us again and again. In addition, we also defend clients faced with wrongful termination claims by former distributors, dealers, franchisees and sales representatives.
Distribution agreements are an essential tool in the creation of an alliance between the distributor and supplier, which is why many of our clients seek to preserve the relationship by resolving the disagreement and returning to “business as usual.” Under such circumstances, we serve as careful problem-solvers and diplomatic negotiators focused on paving a path back to a productive and profitable association.