In the United States and in some international jurisdictions there are a number of places that claim to have statutes that protect the rep. So one must know what the statute says about that protection. Further, many contracts with international companies contain language that requires any dispute with the principal to be handled in a jurisdiction that is in the international principal’ s country or is otherwise in a jurisdiction where it is difficult for the rep to successfully get relief. Please remember that you, as the rep, need to worry about what will happen to you if the principal defaults, because the incidents where the rep is at fault for something that adversely affects the principal are almost non-existent.
So, the moral of the story is that it is incumbent upon the rep to understand the importance of the clause that establishes where it is necessary to bring a claim to protect the rep’ s interests.
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Stephen
Valentine
MANA associate member Stephen K. Valentine Jr. is an attorney with over 50 years experience serving manufacturers’ representatives. A traditional trial lawyer involved in areas of both national and international law, he is primarily engaged in general business litigation, sales agent law, commission disputes, contract interpretation, drafting and performance issues, as well as international and domestic arbitration. He has been honored as a Top Lawyers in DBusiness magazine and recognized by Law & Politics magazine and selected as a Michigan Super Lawyer( 2007-2011). His firm, Valentine & Associates, has an AV rating from Martindale-Hubbell and is recognized in the Bar Register of Preeminent Lawyers. He can be reached at skv @ valentine-lawyers. com or through his website www. valentine-lawyers. com.
Legally Speaking is a regular department in Agency Sales magazine. This column features articles from a variety of legal professionals and is intended to showcase their individual opinions only. The contents of this column should not be construed as personal legal advice; the opinions expressed herein are not the opinions of MANA, its management, or its directors.