International operations involve various strategies for sales, distribution, and manufacturing. These include direct sales, using representatives, franchises, distributors, joint ventures, and licensing agreements. Key considerations include the appropriate level of control balanced with costs, managing performance and financial risks, navigating supply chain issues, protecting intellectual property, allocating risks, and planning for disputes. Effective strategies require understanding these complex issues upfront with proper legal counsel.
Actegy Consulting is a sales growth consulting firm founded in 1996 that helps sales leadership drive results. They provide workshops, roundtables, and advisory services to both large and small clients. Their client list includes companies such as Intel, Comcast, and ADP. They help clients address issues such as pressure from competitors, budget constraints, and slow decision making. Their services include implementing programs to assess and address at-risk accounts and follow formal decision-making processes.
Porter's five forces model is a framework for industry analysis and business strategy development. It draws attention to five competitive forces that shape every industry and the profit potential of the industry. The five forces are the threat of new entrants, the power of suppliers, the power of buyers, the threat of substitute products or services, and the intensity of competitive rivalry. The model helps identify where power lies in a business situation.
Palestra: Winning in the Age of Hypercompetition - Richard D' AveniExpoGestão
Palestra sobre como vencer numa era de Hyper Competição realizada por Richard D' Aveni (Professor na Tuck School of Business at Dartmouth College) na ExpoGestão 2004.
How to create a preference for your brand in a specification driven industry.Bailey Burk
The document discusses how companies can create a preference for their brand in specification-driven industries. It describes attending aviation conventions where companies showcase their products and services to attendees. The goal of these events is to create brand familiarity, which breeds customer trust and leads to brand preference. Successful companies understand that taking a strategic approach to promoting their brand through events and other means provides strength, stability, and growth for the business. A strong, familiar brand becomes an asset that occupies space in customers' minds.
This document discusses affiliate marketing and provides tips for advertisers. It introduces the FairEtail performance marketing agency and explains that they use a full-service, no-cure no-pay model. It then describes the different players involved in affiliate marketing like advertisers, networks, affiliates, and consumers. Next, it outlines the ecosystem of affiliate marketing and the different perspectives of advertisers and affiliates. Finally, it provides 10 tips for better affiliate marketing performance, including focusing on top affiliates, clear communication, and considering outsourcing affiliate management and financial risk.
Tips on succeeding in the US market
From the Silicon Valley Association of Startup Entrepreneurs.
Part 3 of the "Accelerating Your Growth Bootcamp" session held at MaRS April 19, 2010.
The document discusses planning for the 2012 conference, including reviewing the success of the 2011 conference which saw record numbers of attendees, sponsors, speakers, revenue and profit. It outlines the goals for the 2012 conference around great programming, networking, value and being profitable. The agenda covers reviewing last year, setting the schedule, and tasks and needs around the location, venue, breakouts, keynote, lunch and sponsorships.
Actegy Consulting is a sales growth consulting firm founded in 1996 that helps sales leadership drive results. They provide workshops, roundtables, and advisory services to both large and small clients. Their client list includes companies such as Intel, Comcast, and ADP. They help clients address issues such as pressure from competitors, budget constraints, and slow decision making. Their services include implementing programs to assess and address at-risk accounts and follow formal decision-making processes.
Porter's five forces model is a framework for industry analysis and business strategy development. It draws attention to five competitive forces that shape every industry and the profit potential of the industry. The five forces are the threat of new entrants, the power of suppliers, the power of buyers, the threat of substitute products or services, and the intensity of competitive rivalry. The model helps identify where power lies in a business situation.
Palestra: Winning in the Age of Hypercompetition - Richard D' AveniExpoGestão
Palestra sobre como vencer numa era de Hyper Competição realizada por Richard D' Aveni (Professor na Tuck School of Business at Dartmouth College) na ExpoGestão 2004.
How to create a preference for your brand in a specification driven industry.Bailey Burk
The document discusses how companies can create a preference for their brand in specification-driven industries. It describes attending aviation conventions where companies showcase their products and services to attendees. The goal of these events is to create brand familiarity, which breeds customer trust and leads to brand preference. Successful companies understand that taking a strategic approach to promoting their brand through events and other means provides strength, stability, and growth for the business. A strong, familiar brand becomes an asset that occupies space in customers' minds.
This document discusses affiliate marketing and provides tips for advertisers. It introduces the FairEtail performance marketing agency and explains that they use a full-service, no-cure no-pay model. It then describes the different players involved in affiliate marketing like advertisers, networks, affiliates, and consumers. Next, it outlines the ecosystem of affiliate marketing and the different perspectives of advertisers and affiliates. Finally, it provides 10 tips for better affiliate marketing performance, including focusing on top affiliates, clear communication, and considering outsourcing affiliate management and financial risk.
Tips on succeeding in the US market
From the Silicon Valley Association of Startup Entrepreneurs.
Part 3 of the "Accelerating Your Growth Bootcamp" session held at MaRS April 19, 2010.
The document discusses planning for the 2012 conference, including reviewing the success of the 2011 conference which saw record numbers of attendees, sponsors, speakers, revenue and profit. It outlines the goals for the 2012 conference around great programming, networking, value and being profitable. The agenda covers reviewing last year, setting the schedule, and tasks and needs around the location, venue, breakouts, keynote, lunch and sponsorships.
This document discusses how online video is growing rapidly and can help law firms by increasing search rankings, acting as a social medium, and effectively communicating messages. Video is an engaging social medium that can allow law firms to highlight lawyers, simply explain complex legal information, and have their content distributed for free. Effective video content for law firms includes thought leadership, news, and coverage of community involvement or events. Such video can be distributed via social media sites and legal focused sites to drive traffic to a law firm's website.
Using (competitive) intelligence to build your legal businessAllen Matkins
The document discusses using competitive intelligence to build a legal business. It defines competitive intelligence as external and internal information sources used to make better business decisions. It provides examples of intelligence sources like relationships, client/prospect information, market/industry lists, and industry trends. The document also discusses different contexts for using intelligence, like targeted pursuits, target identification, client teams, and strategic planning. It emphasizes integrating competitive intelligence into client relationships and legal services by making intelligence widely available and linking it to client information.
Institutional Research - Warner Brothers Studioshaverstockmedia
The document discusses the history and symbolism of the Warner Brothers film studio logo. The logo uses a simple and recognizable design with a gold color and shield shape that represents authority, wealth, and protection. The original logo from the 1920s featured a photo of the studio building and the initials "WB" in a shield shape nicknamed the "Brain Shield". Over time, the logo evolved with the addition of color in 1970 and clouds in the background in 1998, with clouds continuing to symbolize high status.
Death Grips was an experimental hip hop group formed in 2010 in Sacramento, California consisting of MC Ride, Zach Hill, and Andy Morin. They were known for their provocative album covers including using a penis on the front cover of one album released without their label's permission. Their publicity stunts like cancelling tours and not showing up to gigs created buzz around the group and allowed them freedom. They had a complicated relationship with fans and media due to their rebellious attitude and punk antics that divided critics but the group maintained they did not care about opinions.
This document provides an overview and introduction to environmental law for real estate development projects. It discusses the key federal and state environmental agencies, major environmental laws such as CERCLA, RCRA, the Clean Water Act, NEPA, and CEQA. It also covers how environmental issues typically arise in real estate development, including during due diligence, entitlements/development, and litigation. Due diligence involves Phase I and Phase II environmental site assessments to identify contamination issues and compliance with "all appropriate inquiry" rules to assert defenses to liability. Negotiation strategies with sellers, agencies, and insurers can help developers mitigate environmental risks.
The document discusses key roles and responsibilities of salespeople, including managing customer relationships, gathering information from customers and competitors, and coordinating corporate resources. It also covers sales strategy and relationship building models. Different sales organization structures are presented, including geographic, product-based, and customer-focused team approaches. Methods for controlling the sales force through quotas, compensation plans, and performance evaluations are also summarized.
The document discusses various methods that companies can use to enter foreign markets, including exporting, countertrade, contract manufacturing, licensing, franchising, management service contracts, turnkey projects, and foreign direct investment. It also examines factors that influence the choice of entry mode such as the degree of control, risk, resource commitment, and firm-specific characteristics. Finally, it introduces the OLI framework for analyzing why companies internalize operations across borders.
Essentials of strategy formulation in international businessSalman Ahmed
The workshop agenda covers various topics related to international business expansion including market entry modes, internationalization processes, and theoretical frameworks. It discusses basic decisions around entering foreign markets such as which markets, when to enter, and the scale of entry. Various entry modes like exporting, licensing, franchising, joint ventures, and wholly owned subsidiaries are examined in terms of their advantages and disadvantages. The document also explores frameworks for international market entry and managing risk and control in multinational enterprises.
The document summarizes a webcast on using thought leadership as a sales strategy. It discusses how providing credible points of view can help salespeople educate customers on unseen opportunities. It then gives an example of how one company helped a city reduce energy costs through an LED traffic signal project. The webcast advises developing industry knowledge and advanced dialogue skills to implement this approach.
Active International is a global leader in corporate trade that has been in business for 29 years. They have 525 employees globally and offices in 13 countries. They have an annual gross trading volume of approximately $1.4 billion. Their business involves restoring value on clients' inventory, equipment, real estate, or other assets by buying them and allowing payment in trade credits that can be used to purchase operating expenses through their network of over 1,500 trading partners across categories like media, travel, print, and freight. This provides clients financial benefits like higher asset values, lower cash outlays, and reduced carrying costs.
The document discusses various topics related to entry modes and global distribution for international business. It describes different entry modes like exporting, joint ventures, acquisitions, etc. It also discusses strategic alliances, original equipment manufacturing, and their significance. Additionally, it covers topics like entry modes and marketing control, optimal entry strategies, global distribution functions, international channels of distribution, transportation, parallel distribution and its effects, and developing an effective global distribution system.
What do industrial markets need to know when it comes to branding? Shari Worthington of Telesian Technology presented this webinar on 2/22/11. Sponsored by MCAA (@MeasureControl)
The document provides an overview of mergers and acquisitions for private companies. It discusses common reasons why companies sell, factors to consider when deciding whether to buy another company, important questions to ask before an acquisition, the typical M&A process, negotiation strategies, resolving valuation differences, types of due diligence, common deal structures, important shareholder agreement clauses, post-merger integration, and reminders for M&A transactions.
The document discusses branding and marketing strategies. It emphasizes that brands must deliver consistent, premium experiences to build loyalty in the new media landscape where word-of-mouth is more influential than traditional broadcasting. Brands should focus on understanding consumers, maintaining relationships through various touchpoints, and collaborating internally and externally. The goal is to create powerful brands that enhance people's lives through great taste experiences.
Defines the concept of Sales 2.0 from the sales leader’s perspective, separates the reality from the hype, and provides recommendations on how to begin incorporating the best of these emerging tools and practices into your 2010 sales and marketing strategy.
BMA Chicago: Driving Leads through Channel EcosystemsBMAChicago
The document discusses SAP's strategy to drive revenue through channel partnerships. It outlines SAP's goal to double channel revenue in four years by providing partners with effective demand generation programs. SAP launched a Marketing Service Bureau (MSB) program to develop turnkey marketing campaigns and reporting for partners. The MSB program increased qualified leads and pipeline for partners. SAP continues optimizing the MSB to improve lead conversion and expand offered services to better support partners.
Breakfast Seminar: Driving Leads Through Channel EcosystemPepper
This document discusses driving sales leads through channel ecosystems. It outlines the importance of indirect sales pathways like distributors, resellers, and partners. While direct sales are simpler, indirect channels play a key role in influencing customer purchases. The presentation recommends a holistic approach that provides communication, support, incentives, and training to both vendors and channel partners. This integrated strategy considers the entire customer journey from discovery to advocacy. The SAP case study highlights their focus on developing marketing programs and a compelling funding model to better engage their network of channel partners in driving new business.
The document summarizes evaluations of Hwacheon Machinery America's dealers to identify strengths, improvement areas, key target dealers, growth opportunities, and standards. It describes the evaluation process which tracks dealers' market share, competition, credibility, lead generation, sales strength, and growth potential. Three target dealers are identified as State Machine Tool, Meredith Machinery, and Selway Machine Tool based on their application, sales, service capabilities and internal company strengths.
20100201 multi channel sales approach for premium autosrollerballrohit8
This document discusses a multi-channel sales approach for premium automakers to more effectively market and sell vehicles. It identifies 12 existing sales channels such as sponsoring, factory sales, dealerships, and online websites. The document evaluates how these channels are currently sub-optimally integrated and presents four scenarios for how automakers could allocate activities between themselves and dealers to better address customer needs across segments. Adopting a multi-channel approach could help automakers raise cost effectiveness and gain competitive advantages.
The document provides an overview of a common sense approach to value investing. It discusses analyzing businesses by understanding the business model, industry dynamics, competitive advantages, financials, management and risks. Key steps include understanding the business, industry, sources of competitive advantage, profitability, cash flows, management quality and identifying risks. Examples provided include analyzing a Spanish winemaker, cement industry, Norwegian furniture maker, airline catering company and assessing their business quality, industry dynamics, competitive advantages and risks. The goal is to invest in well-run companies that are undervalued after understanding all aspects of the business.
This white paper discusses strategies for indirect channel distribution of products through partners like dealers and resellers. It outlines the pros and cons of direct versus indirect sales approaches. Key steps for developing an indirect channel include creating a business plan, evaluating competition, selecting qualified distribution partners, and establishing documentation like agreements, pricing, and support policies. Selecting honest, competent partners that fit the business plan and have expertise in desired markets or customer niches is important for successful execution of an indirect sales strategy.
This document discusses how online video is growing rapidly and can help law firms by increasing search rankings, acting as a social medium, and effectively communicating messages. Video is an engaging social medium that can allow law firms to highlight lawyers, simply explain complex legal information, and have their content distributed for free. Effective video content for law firms includes thought leadership, news, and coverage of community involvement or events. Such video can be distributed via social media sites and legal focused sites to drive traffic to a law firm's website.
Using (competitive) intelligence to build your legal businessAllen Matkins
The document discusses using competitive intelligence to build a legal business. It defines competitive intelligence as external and internal information sources used to make better business decisions. It provides examples of intelligence sources like relationships, client/prospect information, market/industry lists, and industry trends. The document also discusses different contexts for using intelligence, like targeted pursuits, target identification, client teams, and strategic planning. It emphasizes integrating competitive intelligence into client relationships and legal services by making intelligence widely available and linking it to client information.
Institutional Research - Warner Brothers Studioshaverstockmedia
The document discusses the history and symbolism of the Warner Brothers film studio logo. The logo uses a simple and recognizable design with a gold color and shield shape that represents authority, wealth, and protection. The original logo from the 1920s featured a photo of the studio building and the initials "WB" in a shield shape nicknamed the "Brain Shield". Over time, the logo evolved with the addition of color in 1970 and clouds in the background in 1998, with clouds continuing to symbolize high status.
Death Grips was an experimental hip hop group formed in 2010 in Sacramento, California consisting of MC Ride, Zach Hill, and Andy Morin. They were known for their provocative album covers including using a penis on the front cover of one album released without their label's permission. Their publicity stunts like cancelling tours and not showing up to gigs created buzz around the group and allowed them freedom. They had a complicated relationship with fans and media due to their rebellious attitude and punk antics that divided critics but the group maintained they did not care about opinions.
This document provides an overview and introduction to environmental law for real estate development projects. It discusses the key federal and state environmental agencies, major environmental laws such as CERCLA, RCRA, the Clean Water Act, NEPA, and CEQA. It also covers how environmental issues typically arise in real estate development, including during due diligence, entitlements/development, and litigation. Due diligence involves Phase I and Phase II environmental site assessments to identify contamination issues and compliance with "all appropriate inquiry" rules to assert defenses to liability. Negotiation strategies with sellers, agencies, and insurers can help developers mitigate environmental risks.
The document discusses key roles and responsibilities of salespeople, including managing customer relationships, gathering information from customers and competitors, and coordinating corporate resources. It also covers sales strategy and relationship building models. Different sales organization structures are presented, including geographic, product-based, and customer-focused team approaches. Methods for controlling the sales force through quotas, compensation plans, and performance evaluations are also summarized.
The document discusses various methods that companies can use to enter foreign markets, including exporting, countertrade, contract manufacturing, licensing, franchising, management service contracts, turnkey projects, and foreign direct investment. It also examines factors that influence the choice of entry mode such as the degree of control, risk, resource commitment, and firm-specific characteristics. Finally, it introduces the OLI framework for analyzing why companies internalize operations across borders.
Essentials of strategy formulation in international businessSalman Ahmed
The workshop agenda covers various topics related to international business expansion including market entry modes, internationalization processes, and theoretical frameworks. It discusses basic decisions around entering foreign markets such as which markets, when to enter, and the scale of entry. Various entry modes like exporting, licensing, franchising, joint ventures, and wholly owned subsidiaries are examined in terms of their advantages and disadvantages. The document also explores frameworks for international market entry and managing risk and control in multinational enterprises.
The document summarizes a webcast on using thought leadership as a sales strategy. It discusses how providing credible points of view can help salespeople educate customers on unseen opportunities. It then gives an example of how one company helped a city reduce energy costs through an LED traffic signal project. The webcast advises developing industry knowledge and advanced dialogue skills to implement this approach.
Active International is a global leader in corporate trade that has been in business for 29 years. They have 525 employees globally and offices in 13 countries. They have an annual gross trading volume of approximately $1.4 billion. Their business involves restoring value on clients' inventory, equipment, real estate, or other assets by buying them and allowing payment in trade credits that can be used to purchase operating expenses through their network of over 1,500 trading partners across categories like media, travel, print, and freight. This provides clients financial benefits like higher asset values, lower cash outlays, and reduced carrying costs.
The document discusses various topics related to entry modes and global distribution for international business. It describes different entry modes like exporting, joint ventures, acquisitions, etc. It also discusses strategic alliances, original equipment manufacturing, and their significance. Additionally, it covers topics like entry modes and marketing control, optimal entry strategies, global distribution functions, international channels of distribution, transportation, parallel distribution and its effects, and developing an effective global distribution system.
What do industrial markets need to know when it comes to branding? Shari Worthington of Telesian Technology presented this webinar on 2/22/11. Sponsored by MCAA (@MeasureControl)
The document provides an overview of mergers and acquisitions for private companies. It discusses common reasons why companies sell, factors to consider when deciding whether to buy another company, important questions to ask before an acquisition, the typical M&A process, negotiation strategies, resolving valuation differences, types of due diligence, common deal structures, important shareholder agreement clauses, post-merger integration, and reminders for M&A transactions.
The document discusses branding and marketing strategies. It emphasizes that brands must deliver consistent, premium experiences to build loyalty in the new media landscape where word-of-mouth is more influential than traditional broadcasting. Brands should focus on understanding consumers, maintaining relationships through various touchpoints, and collaborating internally and externally. The goal is to create powerful brands that enhance people's lives through great taste experiences.
Defines the concept of Sales 2.0 from the sales leader’s perspective, separates the reality from the hype, and provides recommendations on how to begin incorporating the best of these emerging tools and practices into your 2010 sales and marketing strategy.
BMA Chicago: Driving Leads through Channel EcosystemsBMAChicago
The document discusses SAP's strategy to drive revenue through channel partnerships. It outlines SAP's goal to double channel revenue in four years by providing partners with effective demand generation programs. SAP launched a Marketing Service Bureau (MSB) program to develop turnkey marketing campaigns and reporting for partners. The MSB program increased qualified leads and pipeline for partners. SAP continues optimizing the MSB to improve lead conversion and expand offered services to better support partners.
Breakfast Seminar: Driving Leads Through Channel EcosystemPepper
This document discusses driving sales leads through channel ecosystems. It outlines the importance of indirect sales pathways like distributors, resellers, and partners. While direct sales are simpler, indirect channels play a key role in influencing customer purchases. The presentation recommends a holistic approach that provides communication, support, incentives, and training to both vendors and channel partners. This integrated strategy considers the entire customer journey from discovery to advocacy. The SAP case study highlights their focus on developing marketing programs and a compelling funding model to better engage their network of channel partners in driving new business.
The document summarizes evaluations of Hwacheon Machinery America's dealers to identify strengths, improvement areas, key target dealers, growth opportunities, and standards. It describes the evaluation process which tracks dealers' market share, competition, credibility, lead generation, sales strength, and growth potential. Three target dealers are identified as State Machine Tool, Meredith Machinery, and Selway Machine Tool based on their application, sales, service capabilities and internal company strengths.
20100201 multi channel sales approach for premium autosrollerballrohit8
This document discusses a multi-channel sales approach for premium automakers to more effectively market and sell vehicles. It identifies 12 existing sales channels such as sponsoring, factory sales, dealerships, and online websites. The document evaluates how these channels are currently sub-optimally integrated and presents four scenarios for how automakers could allocate activities between themselves and dealers to better address customer needs across segments. Adopting a multi-channel approach could help automakers raise cost effectiveness and gain competitive advantages.
The document provides an overview of a common sense approach to value investing. It discusses analyzing businesses by understanding the business model, industry dynamics, competitive advantages, financials, management and risks. Key steps include understanding the business, industry, sources of competitive advantage, profitability, cash flows, management quality and identifying risks. Examples provided include analyzing a Spanish winemaker, cement industry, Norwegian furniture maker, airline catering company and assessing their business quality, industry dynamics, competitive advantages and risks. The goal is to invest in well-run companies that are undervalued after understanding all aspects of the business.
This white paper discusses strategies for indirect channel distribution of products through partners like dealers and resellers. It outlines the pros and cons of direct versus indirect sales approaches. Key steps for developing an indirect channel include creating a business plan, evaluating competition, selecting qualified distribution partners, and establishing documentation like agreements, pricing, and support policies. Selecting honest, competent partners that fit the business plan and have expertise in desired markets or customer niches is important for successful execution of an indirect sales strategy.
Franchising - Fundamentals And Managing RelationshipsAjay Mohan Goel
Franchising involves a contractual relationship between a franchisor and franchisee where the franchisor offers ongoing business support to the franchisee in areas like training and know-how. The franchisee operates under the franchisor's brand and makes substantial investments in their business. Franchising allows franchisors to expand their business model quickly while providing franchisees with assistance and a lower risk business opportunity. The document outlines different types of franchise models and discusses key dimensions of successful franchising like financial arrangements, marketing, license agreements, and ongoing franchisor-franchisee engagement.
CRM Manufacturing - Birmingham 25th Jan 2012antonioferrin
This document discusses how customer relationship management (CRM) can help manufacturing companies. It defines CRM as "the company's response to the customer's control of the conversation." It explains that CRM focuses on understanding customers, their needs and value to the company. CRM helps manufacturers through initiatives like loyalty programs, customized offers and pricing, and analytical CRM to transform transactional data into customer insights and predictions. The document outlines key factors for successful CRM implementation, such as leadership from business areas, implementing in phases starting with highest ROI, communication, and defining clear metrics.
Sales Value Advantages Elevating and Enriching Chambers of Commerce 2012the Closers Group
The document outlines strategies and tips for closing business in the 4th quarter, including prospecting, selling, negotiation, and follow up. It discusses rainmaking strategies like rapport building, asking questions, implementing solutions, and negotiating starts. The training focuses on intensifying earnings potential through sales skills enhancement for professionals in various industries.
MIT Start Smart workshop - Maximizing Your Go-to-Market Strategy - 06252012Stephen Davis
The document discusses strategies for aligning sales and marketing efforts. It provides tips for developing a common understanding of the ideal customer between sales and marketing. This includes jointly defining what constitutes a "sales-ready" lead. It also stresses the importance of inbound marketing tactics that focus on creating and nurturing leads, rather than traditional ads, in order to capitalize on consumers' increasing reliance on peer recommendations.
Similar to International Operations - Ethna Piazza (20)
This document provides an overview of California's Sustainable Groundwater Management Act (SGMA) and the basics of groundwater rights. SGMA aims to regulate groundwater locally through Groundwater Sustainability Agencies and Plans. It requires high and medium priority basins to be managed sustainably by 2042. The document outlines key deadlines and components of SGMA, including the identification of GSAs, development of Groundwater Sustainability Plans, and consequences if deadlines are missed. It also summarizes recent legislative changes and the status of SGMA implementation in California to date.
Recent Developments in Environmental Due DiligenceAllen Matkins
The document summarizes recent developments in environmental due diligence for real estate transactions. Key points include: (1) The new ASTM E1527-13 standard updated definitions for recognized environmental conditions, historical recognized environmental conditions, and controlled recognized environmental conditions. (2) Vapor intrusion is now considered similarly to contaminated groundwater migration. (3) Case studies highlight issues with characterizing past contamination under current standards and using additional testing to clarify controlled recognized conditions.
Recent Legal Developments for Commercial LandlordsAllen Matkins
This document summarizes recent legal developments related to commercial properties from Allen Matkins law firm. It discusses three court cases:
1) Grand Prospect Partners v. Ross Dress for Less which found that cotenancy provisions in retail leases may be unconscionable or unreasonable penalties in some cases.
2) Donahue Shriber Realty Group v. Nu Creation Outreach which affirmed an injunction limiting solicitation activities in shopping centers to designated areas.
3) Riverisland v. Fresno-Madera Prod. which overturned previous case law and now allows extrinsic evidence of verbal promises to determine if a contract was procured by fraud, even if it contradicts written terms.
The Ghost of Christmas Yet to Come: Five Holiday Season Tips for Retail Landl...Allen Matkins
The holiday season brings many desirable things to a retail center: a fresh holiday look, a sense of excitement and anticipation, and the most important thing — more traffic and customers. Along with these benefits, the holidays also bring retail owners some legal and practical challenges.
Bankruptcy in a Bull Market: What Commercial Landlords Should Do Now to Prepa...Allen Matkins
This document provides commercial landlords with guidance on preparing for and reacting to potential tenant bankruptcies. It recommends that landlords monitor tenant finances, understand lease provisions, and consider bankruptcy possibilities at the first sign of tenant distress. If bankruptcy does occur, landlords should quickly determine their goals and legal rights. The document outlines steps landlords can take both before and during a tenant's bankruptcy to maximize their leverage and recovery.
This document summarizes five critical issues for commercial landlords:
1. Developments in disabled access law and new disclosure requirements for commercial leases regarding accessibility inspections.
2. Free speech rights of protesters on private commercial properties.
3. How a recent court ruling affects using contract terms to defend against fraud claims.
4. Landlords' rights when a tenant files for bankruptcy.
5. Issues around the enforceability of stipulated judgments as settlements to litigation.
Audit Right v. No Audit Right: Common Area Expenses Allen Matkins
This document discusses tenants' rights to audit landlords' records of common area expenses. It explains that if a lease contains an audit right, then the tenant can audit expenses according to the lease terms, which may involve an accountant examining records for accuracy. Without an audit right, tenants can only verify that expenses were incurred but cannot question why. The document provides tips for landlords, noting that audits usually don't burden them and often conclude with both parties agreeing on findings after mistakes are corrected. It aims to dispel misconceptions about audits being adversarial and suggests landlords can avoid triggers for audits by controlling expense increases and changes in accounting practices.
Recent Developments in Environmental Due DiligenceAllen Matkins
The document summarizes recent changes to the standards for conducting environmental due diligence. It outlines revisions to key definitions like Recognized Environmental Condition (REC), Historical REC, and Controlled REC. Regulatory records reviews are now emphasized. User responsibilities in the due diligence process are also clarified. Vapor intrusion is addressed directly and considered no differently than contaminated groundwater. The new standards aim to provide clearer guidance on evaluating and classifying environmental risks at properties.
Legal Issues In Real Estate Development Introduction to Environmental LawAllen Matkins
This document outlines an introduction to environmental law class that covers:
- Presentations from an environmental attorney and consultant on environmental law and due diligence.
- An overview of key environmental agencies and laws at the federal, state, and local levels, including CERCLA, RCRA, the Clean Water Act, NEPA, and state-level laws.
- When environmental issues typically arise in real estate development, such as during due diligence, contracting, entitlements, and remediation.
- The purpose and form of environmental due diligence, including using Phase I and Phase II investigations to understand liability and comply with regulations.
2011 Northern California Real Estate Women of InfluenceAllen Matkins
The awards program, co-sponsored by the Business Times and law firm Allen Matkins — recognized more than 50 women as Hall of Fame inductees, honorees and rising stars.
Land and Home(s) No Longer Four Letter Words?Allen Matkins
The document discusses trends in the real estate development and new home market. It provides the following key points:
1. The new home market is recovering from the housing crisis as excess supply is worked through the system and new construction has stopped for five years, while economic fundamentals are improving.
2. Job growth is strong in many states including California, Texas, and Florida. The San Jose and Washington D.C. metro areas have the highest number of job postings per capita. California employment is growing fastest in professional and business services and health care.
3. Single family permits in California are rising again after hitting a low point during the recession but remain well below historical averages, indicating the new home market
The FCRA, ECOA and the Consumer Financial Protection BureauAllen Matkins
The CFPB may address ambiguity around whether adverse action notices are required under the FCRA for commercial transactions. There are two views: 1) FCRA does not apply to commercial transactions, only personal credit. 2) FCRA applies if credit information was collected for a consumer report, regardless of ultimate use. The FTC endorsed the second view, but the CFPB has not yet taken an official position. This is an area the CFPB could provide further clarity.
The Entrepreneur's Guide to Negotiating a Venture Capital FinancingAllen Matkins
The document provides an overview of key terms that are negotiated in a venture capital financing. It discusses valuation, liquidation preference, dividend preference, anti-dilution provisions, board representation, veto rights, restrictions on founder stock transfers, and registration rights. The goal is to help entrepreneurs understand what to expect and negotiate effectively in a VC financing.
Hildebrandt Social and Digital Media for Lawyers - Metrics PanelAllen Matkins
This document discusses measuring the effectiveness of a law firm's online marketing. It provides data on the costs per click or view of different online marketing methods for law firms, including Google AdWords, directories, websites, blogs, and content syndicators. AdWords campaigns for specific practice areas like mesothelioma or accident lawyering had costs per click ranging from $8 to over $250. Websites, blogs, and syndicated content had much lower costs per view, ranging from $0.03 to $0.75 on average. Directories had the highest costs at $1.25 to $5 per view. The document recommends measuring marketing efforts, distributing good content, and targeting relevant messages to different audiences.
Every since the Pruneyard decision, public shopping malls have been seen as an extension of the public square. Although the property is private, protesters have free speech rights granted by the U.S. and California Constitutions. This can create problems for landlords who are trying to provide a pleasant retail environment for their guests and tenants.
Recent case law has changed the rules, but Allen Matkins has created a set of model rules for shopping center landlords. These rules address the time, place and manner issues upon which free speech can be limited in shopping malls.
Building Your Employer Brand with Social MediaLuanWise
Presented at The Global HR Summit, 6th June 2024
In this keynote, Luan Wise will provide invaluable insights to elevate your employer brand on social media platforms including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok. You'll learn how compelling content can authentically showcase your company culture, values, and employee experiences to support your talent acquisition and retention objectives. Additionally, you'll understand the power of employee advocacy to amplify reach and engagement – helping to position your organization as an employer of choice in today's competitive talent landscape.
Best practices for project execution and deliveryCLIVE MINCHIN
A select set of project management best practices to keep your project on-track, on-cost and aligned to scope. Many firms have don't have the necessary skills, diligence, methods and oversight of their projects; this leads to slippage, higher costs and longer timeframes. Often firms have a history of projects that simply failed to move the needle. These best practices will help your firm avoid these pitfalls but they require fortitude to apply.
Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
This PowerPoint presentation is only a small preview of our Toolkits. For more details, visit www.domontconsulting.com
Industrial Tech SW: Category Renewal and CreationChristian Dahlen
Every industrial revolution has created a new set of categories and a new set of players.
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2. Different International Sales Strategies
Help Let Someone
Do It Pay Someone Let Someone Else Make/Sell Let Someone
Someone Sell &OOwn P t of
Part f
Yourself Sell Sell For You Else Make/Sell
For You That Someone
Direct Sales Joint
Franchise Distributor Licenses
Sales Representative Venture
Commissioned
C i i d Distributor
Di t ib t Distributor
Di t ib t Licensee is
Li i Licensee Makes/
Li M k /
Hire Agents Sells By Resells Jointly Owned Sells Product,
Employees Solicit Prescribed For By You and Pays
Orders Marketing Plan Profit Another Royalty
AKA Can Be A: More Flexible
AKA
Supply or Corporation,
Corporation Compared to
Manufacturer
Marketing Partnership, LLC Sale of
Representative
Agreement or Other Technology
Special Cases: Special Cases: Special Cases:
OEM Teaming Know-How
Private Label Agreements Show How
Show-How
$ $
2
3. Agent/Rep. vs.
Distributor/Dealer
Agent/Representative Distributor/Dealer/
Licensee
End Customer is the Customer Distributor is Your Customer
No Inventory Inventory
Places Orders Purchases for Own Account
Commissions Markup
Doesn’t Handle $$ Handles $$
No After Sales Services After Sales Services
Limited Local Assistance Local Assistance with Market
Conditions or Manufacturing
3
5. Manufacturing Strategies
Domestic Production Foreign Production
Pros and Cons Pros and Cons
Do it yourself or let someone handle Let someone handle all/part of it
all/part of it
Ownership of Machinery Ownership of Machinery
Employees Employees
Ability to Control
y Ability to Control
y
Competitors
5
6. Manufacturing Strategies
Additional key issues:
y
• Title to the WIP and products
• Bailment
• Technical assistance agreements
• Intellectual property negotiations
• Product development
• Minimum order quantities
• Level load/On-demand production
• Pricing arrangements
g g
– Cost plus
– Fixed fee
6
9. Performance Risks:
Pre-qualifications
• Business/Marketing Plan
(Initial and Annual)
• Credit Checks
• References
• Distributor Growth History
• S
Success i R l t d Fi ld
in Related Fields
• Clear with Social/Environmental Affairs
• Whether they work with competitors
• In-person meeting in their office
9
10. Performance Risks:
Term
• Length of Initial Term
• Renewal
– Automatic (Evergreen) Unless
not Renewed
– Expire Unless Renewed
Affirmative
• Impact of
Distributor/Manufacturer
Investment
10
11. Performance Risks:
Termination
• Grounds
– Breach Only?
– Cessation of Business?
– Insolvency/Bankruptcy?
– Change of Control?
– At Will?
• Notice/Cure Period
• Effective Date
• Liquidated Damages
• Non-payment Termination
Provision
11
12. Performance Risks:
Marketing Obligations
g g
• Distributor Efforts
– Commercially Reasonable
– Best Efforts
• Distributor’s Expenditures
– Staffing
– Marketing
– Advertising
• Company Efforts
p y
– Distribution Obligation
– Company Contribution
12
13. Performance Risks:
Minimum Sales
• Exclusive vs. Non-Exclusive
• Penalties for Failures to
Meet
M t
• Inventory Levels
• Local modifications
13
14. Performance Risks:
Training
• Kinds
– S l
Sales
– Installation
– Support
• Expenses
• Locations
• Frequency
• Annual Sales Meetings
14
17. Performance Risks:
Records, Reports, and Audits
• Records
– Sales
– Customer Information
– W
Warranty Information
t I f ti
• Reports
– Market Overview
– Competitive Reports
• Audit Rights
17
19. Channel Conflicts
Manufacturer
• Two or More Channel
Members Compete for the
Same Business
Channel A Channel B
• Examples Include:
– Direct Versus Channel
– Channel Versus Channel
Customer • Destructive When Margins
Erode
19
20. Channel Conflicts:
Exclusivity
PROGRAMS TO MANAGE CHANNEL CONFLICT
Saturation Policy Limited Policy
Many channel partners with Few channel partners with
relatively easy requirements for exclusive or quasi-exclusive
authorization.
th i ti territories.
t it i
Limited
Limited
Selective
Selective
S l ti
Saturation
Saturation
Selective Policy
Moderate number of resellers.
Specific requirements. Some
territory overlap.
20
21. Channel Conflicts:
Ex Territory Sales
• Territory
• Ex Territory Prohibitions
– Forbidding Sales Outside of
Territory
– Forbidding Marketing Outside
Territory
– Forbidding Transshipping/Gray
Marketing
– Website prohibitions
• Manufacturer disclaimer as to
grey market goods
21
22. Channel C fli t
Ch l Conflicts:
House accounts
• House accounts
– If Exclusive, Even as to
Company?
p y
– Specific Lists
– Channels
– Fields
• Distributor with retail outlets
• Competing products
22
25. Financial Risks:
Prices
• Scheduled Prices
• Discounts Off List
• Changes to Price Schedules
– Unilateral vs. Mutual
– When Effective
– Frequency
– Most Favored Customer
Clauses
• Resale Price Maintenance laws
vary widely
25
26. Financial Risks:
Payment Terms
• Payment Due
– In Advance
– On Delivery
– Net 30
• Type
– Check
– L tt of Credit
Letter f C dit
– Wire Transfer
26
27. Financial Risks:
Taxes and Duties
• C t
Customs D ti
Duties
• VAT, Sales, and
Other Product Taxes
• Withholding Taxes
• May impact decision
to manufacture
instead of solely
distribute
27
30. Supply Chain
Management:
Orders
• Format
• Minimum Order Size
• Frequency
• Lead Times
• Reschedules
• Cancellations
• Component Liability
30
31. Supply Chain Management:
pp y g
Delivery
• Carrier Selection
C i S l ti
• Risk of Loss
– Warehouse
– Loading Dock
L di D k
– In Transit
– FOB
– FCA
– EX WORKS
• Import and Export Licenses
pp
and Approvals
• Insurance Costs
• Broker Fees
31
35. Intellectual Property Issues:
Ownership
• Product Modifications
• Enhancements, Add-ons,
Combinations
C bi ti
• Localizations and
Translations
• Documentation and
Literature
35
39. Risk
Allocations:
All ti
Customer Support
• Installation
• Maintenance
• Support
– Tier 1/Level 1
– Tier 2/Level 2
– Tier 3/Level 3
39
40. Risk Allocations:
Indemnification
• Indemnity by Manufacturer
y y
– Intellectual Property
(Except Combinations and
Modifications)
– Manufacturing Defect
– Design Defects
• Indemnity by Distributor
– Intellectual Property From
Combinations and Modifications
– Misrepresentations and Fraud
– Ad ti i I j i
Advertising Injuries
• Trademarks?
• Have the products been cleared from an
IP perspective in the distributor’s country?
distributor s
40
41. Risk Allocations:
Disclaimers
• Customary and Typical
– Merchantability
– Fitness for Particular
Purpose
• Atypical
– Non infringement
Non-infringement
– Error Free (software)
– Uninterrupted (software)
41
42. Risk Allocations:
Limitation of Liability
• Exclusions
– Consequential Damages
– Punitive/Special Damages
– Lost Profits/Lost Revenues
• Loss of Data
• Caps
– Fixed Amount
– 1X to 3X
– Time Period
42
44. Dispute Resolutions:
Governing Law
• What Governing Law Means
• What Governing Law Doesn’t
Doesn t
Mean
• Which Jurisdiction?
– D
Dangers
– Drafter of Contract
– Compromise
– Benefits of International
Arbitration
44
45. Dispute Resolutions:
Venue
• Not Same as Governing Law
• Fixed Locations
• Alternative Locations
• Bifurcated Locations
45
46. Mergers &
M
Acquisitions
• Termination Rights and
Obligations
• Change of Control
• Distributors May Be Seen As a
Cost Item by Strategic Buyers
46
47. Take-Away Items
• Consider Global Strategy Up
Front
• Get Correct Legal Advice Up
Front
47
48. Contact
Ian Kessler
Owner
Sanuk
E-mail: ian@sanuk.com
Amit Kumar
Associate General Counsel; Head of Licensing and Business Transactions
Taylor Made Golf Company
E-mail: amit.kumar@tmag.com
Clark Libenson
Partner
Allen Matkins Leck Gamble Mallory & Natsis LLP
E-mail: clibenson@allenmatkins.com
Ethna Piazza
Partner
Allen Matkins Leck Gamble Mallory & Natsis LLP
E-mail: epiazza@allenmatkins.com
@
48