Agency & Distribution Agreements
Our commercial law team has vast experience in advising, negotiating and drafting both domestic and international agency and distribution agreements, including providing advice on the Commercial Agents Regulations 1993.
Utilising agency and distribution is an effective way of growing your business, boosting sales and increasing jurisdictional reach.
If you are bringing a product to market, then we can assist you not only on your individual distribution agreements (including making the choice as to whether agency or distribution is the most appropriate route to market for your business), but also on your whole distribution strategy, and advise on the practical implications of UK and EU competition law.
We are part of a global network, enabling us to manage and co-ordinate advice on the laws applicable when engaging distributors and agents in other jurisdictions. This expert local knowledge can be vital because the laws applicable to agents and distributors and agents can vary greatly in other jurisdictions, and a lack of local law advice at the outset can lead to expensive and time consuming consequences further down the line.
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Herrington Carmichael has acted like an extension of our business. They have been a huge support, have been exceptionally credible in some extremely difficult commercial contractual matters.
Strong commercial and corporate team, offering reliable and practical advice at competitive rates. The quality of advice we have received when instructing the commercial team is comparable to many large City firms we have used but at non-City fees.
Herrington Carmichael has a diverse skillset, covering most requirements. This means we can tackle complex issues knowing that they can call on their colleagues to compliment the analysis.
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Insights & News
Benefits of vesting charity land in the Official Custodian
There are multiple ways for a charity to own a property, depending on how the charity is constituted, such as individuals acting as trustees
Responsible Persons in the cosmetics industry: a post Brexit review
Amendments were made by the Product Safety and Metrology Regulations 2019 to the regulations about ‘Responsible Persons’.
UK consumer duty – what’s the plan and is yours ready?
On the 25th January 2023, the FCA announced that they had reviewed a sample of Consumer Duty implementation plans from the largest financial services providers
CMA enforcement action on dark patterns
What are dark patterns? How do you identify dark patterns? How are they regulated? How do you guard against dark patterns?
Auto-sync causes IP infringement
In the case of WEISS TECHNIK UK LTD v DAVIES, the Court held that four former employees and a company set up by one of them had breached their contractual and equitable confidentiality obligations.
Changes to the FCA’s Appointed Representative Regime
On the 8th December 2022, the Financial Conduct Authority (“FCA”) made changes to Chapter 12 of the Supervision Manual (SUP 12) of the FCA Handbook.
Recent Commercial Law Cases
Wealth Management Contract
Herrington Carmichael were instructed to advise on and negotiate a SAAS development and services agreement between a wealth management business and a wealth management platform service provider. Complexities included ensuring appropriate business continuity plans were in place (including software escrow arrangements), and ensuring compliance with the FCA rules on outsourcing to the cloud.
Commercial contract for new product
The commercial law team were instructed to advise on and negotiate a new product design agreement, development agreement and manufacturing agreement for a new product for use in the security sector. As part of the project, Herrington Carmichael were required to ensure a back to back contract was entered into with suitable flow down provisions to the key parts manufacturer.
A Complex Global Software Distribution Agreement
Herrington Carmichael were instructed to advise on and negotiate firstly an Australian and then a global software distribution agreement. Complexities included negotiating with a global business with strict contractual requirements and policies, whilst seeking to ensure a favourable position to our client. We were also required to manage the local law advice in respect of contracts governed by foreign laws and further to ensure that suitable terms were imposed on resellers commensurate to the protections required by our client.
The impacts of COVID-19
Impact of Covid-19 (Coronavirus) on commercial contracts: Some Practical Tipsre
Businesses are facing increasing uncertainty in light of the rapidly evolving Covid 19 (Coronavirus) situation.
Coronavirus – What about my Contract?
Coronavirus is having an unprecedented impact on the business and personal lives of everyone. Putting aside the obvious complications of trying to avoid social contact and staying healthy; the next big headache is how to keep businesses moving forward properly.
Contract termination: Getting it wrong
A business wishing to terminate a contract should carefully assess whether a valid right to terminate has arisen and should also carefully assess the practical requirements for terminating the contract.
Award winning legal advice
Herrington Carmichael offers legal advice to UK and International businesses as well as individuals and families. Rated as a ‘Leading Firm 2023’ by the legal directory Legal 500 and listed in The Times ‘Best Law Firms 2023’. Herrington Carmichael has offices in London, Camberley, Reading, Ascot and Wokingham.
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Building 2 Watchmoor Park, Riverside Way, Camberley, Surrey GU15 3YL
+44 (0)1276 686 222
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+44 (0)1344 623388
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+44 (0)203 326 0317
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