Resources
From Toothless to Tigers: A Look at State Sales Rep Statutes
“Hey, Adam,” begins many an incoming office call, “the principal who owes me back commissions didn’t remember that our contract says Tennessee law (or Utah, Colorado, New Jersey, Georgia, etc.) applies. I can get triple commissions, right?”
“Well,” begins the formal, technical response to many such calls, while stalling for time. Then, the very first legal phrase taught in law school is invoked: “That depends.”
Determined Sales Rep Recovers Commissions Plus Exemplary Damages from Bullheaded Principal
Most reps hunt for some valuable takeaways when a relationship with a principal ends badly. No hard searching was necessary after a recently completed rep-principal trial in Chicago, where the final count of useful “lessons learned” proved nearly as abundant as the sales rep’s recovery.
Two Ships May Pass in the Night But Not Commission-Free
In certain industries, sales reps are accustomed to fighting tooth and nail to recover commissions from manufacturers, both during and after their representation. And in situations where the rep procured sales before termination that do not close until after — when a new rep is in place — the hunt for commission dollars can grow fierce, even cutthroat.
Risk analysis leads court to overturn unfriendly reading of rep contract
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Reps Should Not Always Turn the Other Cheek
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Court Awards Rep Post-Termination Damages with a Nod to ERA
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Breaking Up Is Hard To Do
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Product Liability Claims: How to Minimize Your Exposure
Most independent sales representatives are not involved in the design or manufacture of the products they sell. Moreover, they don’t consider the products they sell to be inherently dangerous. As a result, many sales representatives are not overly concerned about product liability claims, if at all.
A Horseshirt Case: Equine Clothing Maker Can’t Avoid Trial With Reps
A written rep contract is circulated, unsigned and quickly forgotten. Meanwhile, the parties perform for about eight years. When a dispute then arises, does the contract control?
A Rep’s Telltale Signs of Looming Termination: What, If Anything, Can Be Done?
Most terminations are telegraphed. Reps must pay attention to the warning signs. Consider Roger Rep’s plight: