Doing Business in the United States –What Every Company Should Know

Session 1: Lessons Learned in Dealer Litigation – Managing and Restructuring U.S. Distribution Networks Without Breaking the Budget

Even sophisticated multinational corporations knowledgeable about the U.S. legal system have been confronted with the complex web of laws governing the relationships between suppliers and their independent distributors and dealers, licensees, and franchisees. Suppliers can find themselves embroiled in litigation when they try to accomplish their business objectives in ways that — on their face — seem to be permitted by the plain language of their contracts. 

Such claims frequently arise when suppliers seek to upgrade performance standards, ensure pricing is competitive, consolidate brands and distribution networks, “go direct,” or terminate underperforming distributors and dealers, licensees, and franchisees. 

Our panelists have decades of experience addressing these issues as in-house legal counsel and compliance officers and outside counsel who provided advice and litigated such claims. They will address “best practices” when drafting and enforcing contracts as well as strategies for managing litigation — if not preventing it altogether.

Foley Speaker:  Michael Lockerby, Partner, Foley & Lardner

Client Speaker: Michael Going, Volvo Construction Equipment, Former General Counsel

Session 2: Avoiding Future Supply Chain Disruptions: What You Need to Know – and Do.

Manufacturers across all industries have faced increasingly complex global supply chain issues. The pandemic proved that expecting, planning for, and mitigating against risks will be critical focal points for successful manufacturers. This program will discuss six obstacles in the future supply chain, which bring many opportunities, but also carry with them unprecedented risks with respect to R&D, investments, emerging technology, new industry entrants, and volatile volume fluctuations for the foreseeable future. We also will address how to effectively navigate regulatory hurdles.

The discussion in Session 2 of the Foley-SACC webinar series will be led by Foley Partner and Supply Chain Team member Vanessa Miller. Her numerous presentations and publications on this subject include the executive handbook Law of the Automotive and Manufacturing Supply Chain: A Handbook for Success. She will address “Future Supply Chains: Six Obstacles on the Horizon and What You Should Be Doing About Them Now.”

Foley Partner Greg Husisian, the author of a guide to international compliance best practices and risk-assessment toolkits designed to help multinational companies identify and manage their international regulatory risk, will address “Key Regulations Affecting Global Supply Chains.” These include the Uyghur Forced Labor Prevention Act, EU Supply Chain Act, and Digital Product Passport (DPP).

Session 3: U.S. Government Investigations and Enforcement Action — Compliance and Cooperation Expectations, and How to Prepare for Both

For the third session in our webinar series presented by Foley & Lardner with the Swedish-American Chambers of Commerce, Foley Partners, David Simon and Olivia Singlemann share practical advice about what to expect in the process, how to respond, and what types of in-house compliance programs are likely to reduce exposure to liability for antitrust violations, unfair methods of competition and unfair and deceptive acts and practices, violation of the Foreign Corrupt Practices Act (FCPA), securities law violations, and other claims.

David Simon is a partner in the Antitrust & Competition Practice as well as Vice Chair of the Government Enforcement Defense & Investigations Practice. Olivia Singelmann is a partner in the Government Enforcement Defense & Investigations Practice as well as the Securities Enforcement & Litigation Practice. She is particularly well versed in the FCPA, which applies to activity outside the United States.