Distribution Management & Brand Stewardship
Crowell & Moring lawyers have extensive experience working with companies that supply consumer products, durable goods, industrial inputs, components, and information, communication, and technology services, and guiding them through the issues that arise as those products leave the factory doors and make their way to end users. We work with clients to maximize the value of their products and their brands at every step of the distribution chain – and to minimize unpleasant surprises, whether they come from litigation, adverse regulatory action, or damage to brand value.
Our expertise ties together the firm's strengths in many practice areas, including antitrust, corporate, torts, litigation, alternative dispute resolution, privacy, international, regulatory, and trade regulation. Our interdisciplinary teams of lawyers work with clients at every step of the process – from designing distribution channels and developing pricing and promotional strategies, to documenting distribution agreements, managing the ongoing relationships, and addressing conflicts over the full range of relationship issues. In short, we work with clients holistically to help develop, test and execute a complete "go-to-market" strategy. In addition to our antitrust capabilities, as part of our holistic approach, we offer a team of lawyers to assist clients with issues associated with product risk management. For more information, see Crowell & Moring's Product Risk Management page.
While no two distribution representations are alike, our philosophy of distribution advice is constant, and our interdisciplinary teams always abide by the following principles:
Know the Business – We invest our own time and effort to understand our clients' businesses, from top to bottom. While we are there to respond to any crisis that may develop, the real added value comes from our long-term connection to the business, from the initial negotiations with a new dealer through the contract, antitrust compliance, and other commercial questions that arise as the relationship matures. Should trouble arise, we're there to get our clients back on track – or to make sure the transition to a different way of getting the client's goods to market goes as smoothly as possible.
Know the Client – Our lawyers often handle multiple distribution channels and products for our clients, adding value by streamlining and standardizing contract language, best practices, and distribution strategy, as appropriate. As a result of our longstanding relationships with clients, we have developed extensive institutional knowledge of their product portfolios and legal histories that is invaluable to our clients' decision makers.
Know the Strategy – We know that no two clients have the same business objectives. We take the time to understand what's most important to each client– whether that's maximizing sales volume and cash flow, maintaining the value of a premium brand, or addressing specific threats from unauthorized dealers. Appreciating where our clients want to go, and their individual appetite for risk, guides everything we do.
Know the Next Step – Managing a complex distribution system requires clients, and their counsel, to be proactive, not reactive. We strive to be more than the law firm our clients call when trouble arises or decisions must be made. Instead, we view every interaction with a client as an opportunity to add value by improving the way that client thinks about selling its product and maximizing its efficiency. A pricing audit may create an opportunity for our client to streamline its dual-distribution system; similarly, a call to rewrite a warranty may lead to an opportunity to rethink how aftermarket service programs work more broadly.
Know How to Be Efficient – In addition to the breadth of our distribution expertise, Crowell & Moring offers depth of experience. That means that clients work with lawyers with a range of experience who can answer your questions as they arise, and we match the appropriate level of experience and expense to our clients' needs and circumstances. We are also well-versed in alternative fee arrangements, including flat monthly fees, blended rates, and success multipliers. We can be as creative about our relationship with our clients as we can be about how they get along with their customers.