A Primer on Depositions

Whether you find yourself pursuing a grievance in the judicial system or defending one, odds are you will become familiar with the deposition process. Either side in a lawsuit may take the deposition of the opposing side, as well as third parties who have some relevant connection to the litigation.

What Is a Deposition?

Simply put, a deposition is the process of asking face-to-face questions to elicit answers that are provided under oath. Typically, the deponent (the one answering the questions) is accompanied by his attorney to an office where the opposing attorney will be present with a court reporter. … Read the rest

Making a Federal Case Out of It

So, you’re a sales representative who has been wronged by a manufacturer that has its principal place of business in a neighboring state.
(Most likely not a MANA manufacturer member, in our experience, as that group tends to be respectful of its representatives and representative agreements.) You file a breach of contract action for $100,000 in damages in your home state since that is where all of your sales efforts took place. Shortly after officially serving the manufacturer with a copy of the lawsuit you are informed by your attorney that the case has been “removed” to federal court. Your … Read the rest

“I’ll See You at Arbitration!”

You may have arbitration clauses in your rep contracts and wondered what, exactly, do they mean? You may have been advised by a friend to include an arbitration clause in your contract without really understanding the consequences. Arbitration is very different from litigation which takes place in the courtroom. Which brings up the question — do I want an arbitration clause in my contracts? Like many questions, the answer is a definite maybe.

What Exactly Is Arbitration?

Arbitration is a form of Alternate Dispute Resolution (ADR) where the parties agree to have their dispute heard by an arbitrator rather than … Read the rest

Know Your Rights: And Obligations

The playing field between manufacturers and their independent sales representatives has been — and continues to be in many cases — patently uneven. In order to level the playing field, many states have passed specific laws protecting sales representatives from heavy-handed manufacturers. As of 2007, 38 of the 50 United States had laws on the books providing special rules for a non-salaried independent sales representative doing business with manufacturers (condolences to Alaska, Delaware, Hawaii, Idaho, Montana, Nevada, North Dakota, Rhode Island, South Dakota, Vermont, West Virginia and Wyoming).

Not surprisingly, each state’s laws are different and specific to the actions

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