Sales Rep Law

Our firm has provided legal services to independent manufacturers’ representatives for more than 75 years. As part of our diversified practice, SFBBG has provided our counsel to literally thousands of sales rep organizations. We are justifiably proud of the reputation we have earned as the “go-to” law firm for independent reps who are dealing with organizational or exit strategy issues, conflicts with their principals, the negotiation and review of a new contract, or a need to discuss any business or legal aspect of their rep business. We also are proud to serve as legal counsel to many trade associations dedicated to independent sales representatives.

We offer the broad perspective of a business-oriented law firm combined with an unusual depth of specialized knowledge of the issues facing manufacturers’ representatives that are unique to their profession.

Our long experience in handling all aspects of the rep business and the laws relating to the protection of manufacturers’ representatives saves our clients time and money.

We don’t have to learn what the rep business is all about, and we usually have already done the research relating to most types of rep issues. It is our business to know the law and the precedents. Our sales rep attorneys are well-known authors and speakers on key rep issues. Our background and in-depth knowledge of rep-manufacturer dynamics and relations enables us to focus quickly on the issues and achieve a prompt, successful and cost-efficient result for our clients.

We have extensive experience counseling sales representatives on legal issues including:

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Unlawful termination

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Contract preparation and negotiations

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Exit strategies and succession planning

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Sales, mergers and acquisitions of rep firms

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Resource management

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Employ and sub-rep agreements

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Restrictive covenants

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Contract and commission disputes

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Disputes with customers (for "buy/sell" reps)

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Corporate strategic planning

Additional Services

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Negotiation and review of rep-principal contracts with suggestions on how to make the contracts more beneficial to the representative.

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Exit strategies, including succession planning and documentation to provide for the next generation.

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Preparing state-of-the-art employee manuals and handbooks.

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Where necessary, litigation to enforce sales rep contracts and protect sales reps’ commission claims. We have successfully recovered millions of dollars in disputed commission claims for our clients.

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Advising and representing reps concerning non-competition provisions.

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Sales, mergers and acquisitions of rep organizations.

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Comprehensive tax planning (state and federal).

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Employee benefit programs, including pension and insurance programs.

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Advising reps on general corporate and strategic matters.

Associations for Manufacturers’ Representatives

Intimately related to our services to representatives is our relationship with their professional associations. We provide legal counsel to the associations listed below, and offer our Expert Access program to their members. Expert Access provides a free 20-minute telephone consultation to answer any legal question related to your business.

Trade Associations We Represent

Click the trade association name below to be redirected to their website.

Sales Rep Statutes

Recognizing the important function that independent sales representatives play in commerce,  each of the following states has adopted a “sales rep statute” to assist reps in recovering unpaid commissions by offering statutory damages of 1x, 2x, 3x, or even 4x the amount of unpaid commissions, plus attorney’s fees. Many of these statutes also provide requirements for contract terms and procedures relating to termination. No statute is the same, and their applications depend on a number of factors. We have successfully handled many cases under these statutes, and offer the following links to these statutes for information purposes only. These statutes can change and are subject to judicial interpretation and application. Please contact us to discuss whether any of these statutes apply to your specific situation.

* While the states with an asterisk(*) do not currently have a sales rep statute, independent reps may, under the “economic realities” test, be eligible to recover under the state’s wage and hour laws or have other protections.  Further, the law of other states with rep statutes may very well apply to your situation.  We recommend conferring with your legal counsel about your potential rights or contacting SFBBG. 

Click on the links below to read the state's sales rep protection statutes.  Each state's statute is different.