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This publication is part of the Arbitration Law Database

Distribution Law of the United States - Second Edition

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Distribution Law of the United States has extensive discussions of the various methods for distribution and applicable laws, including locating and recruiting distributors, UCC Article 2, product liability, product warranties, trade regulation, antitrust considerations, the intellectual property laws -- patent, trade secret, and copyright -- which have varying degrees of importance in product distribution, and an extensive treatment of trademark law and labeling, which are almost always important in product distribution. The text also has brief discussions of other areas of law that are relevant to product distribution, including United States import regulation. Sample forms are provided in the Appendix.


Sample forms provided in the Appendix: 
[1] Sales Representative Agreement
[2] Dealer Agreement
[3] Jobber Agreement
[4] Sales Agency Agreement
[5] Consignment/Sales Agreement
[6] Franchise Agreement
[7] Memorandum to Employee regarding Trade Secrets
[8] Employee Non-Disclosure Agreement
[9] Vendor Non-Disclosure Agreement
[10] Indemnification Agreement
[11] Bylaws Cooperative
[12] Terms and Conditions of Sale

David Gurnick practices law with Lewitt, Hackman, Shapiro, Marshall & Harlan in Los Angeles, California. He represents manufacturers, franchisors, cooperatives, distributors, dealers and franchisees in wide ranging industries in the preparation of distribution agreements, franchise law compliance, antitrust and competition matters, government investigations, trademarks, copyrights, trade secrets, e-commerce and litigation. He is certified by the State Bar of California, Board of Legal Specialization as a specialist in Franchising and Distribution Law.

The author of numerous articles on franchise and distribution law subjects, he was contributing co-author for International Franchising, a text on law and strategies for international franchising programs as well as the author of Franchising Depositions, published by Juris, on taking and defending depositions in franchising cases. His articles on franchising and cooperatives have been cited in California Supreme Court and California Court of Appeal decisions. He served as an adjunct professor of law, teaching franchising, has testified as an expert in franchising, and has frequently been a panelist at the American Bar Association Forum on Franchising, and International Franchise Association Legal Symposium. Previously, Mr. Gurnick was on the editorial board of the American Bar Association Franchise Law Journal.

He is a past president of the San Fernando Valley Bar Association and has, chaired its Business Law and Litigation Sections. He served as trustee of the University of West Los Angeles College of Law, was president of the Valley Community Legal Foundation, and was a trustee of the Los Angeles County Bar Association. He currently serves as a director of the Valley Bar Mediation Center, a charitable organization devoted to solving disputes through mediation.

Mr. Gurnick is admitted to practice in the U.S. Supreme Court, U.S. Courts of Appeals for the Federal Circuit and Ninth Circuit, and U.S. District Courts for the Central District and Eastern District of California. He is a member of the Bar in California and the District of Columbia.

He earned his Bachelor's Degree in 1981 from the University of California, Los Angeles, graduating summa cum laude and Phi Beta Kappa. At UCLA Mr. Gurnick was a member of the Student Council and University Policies Commission and chair of the Judicial Review Committee. He received his law degree in 1984 from the University California, Berkeley. While in law school, he served as Judicial Extern to the U.S. Ninth Circuit Court of Appeals.

"In Distribution Law, David Gurnick offers both a high level summary and useful detail on the rules of American law that concern all product manufacturers, resellers and industrial consumers of every kind, at every level of distribution. In the second edition he builds on what the first edition established -- a book that can equally inform new entrants to a line of commerce, or long established merchants and their management as well as their counsel and advisors."
--Perry Roshan-Zamir, Vice President and General Counsel, Baja Fresh Mexican Restaurants

"Distribution Law of the United States, David Gurnick's scholarly treatise, presents a comprehensive, insightful and erudite analysis of a subject that encompasses the life source of commerce, generally, in this country. The broad scope of Mr. Gurnick's work makes it a necessary addition to the law library of every practitioner who needs (or would like) to have access to information regarding the myriad areas comprising this field of law."
--Richard L. Rosen, Managing Partner, The Richard L. Rosen Law Firm, PLLC

"A wealth of information, intelligently written and organized. A must-have resource for all distribution lawyers."
--John M. Adsit, Attorney at Law

"Practitioners in the area of distribution law owe a great debt of gratitude to David Gurnick for bringing Distribution Law of the United States into existence. Distribution Law synthesizes into a single volume the theory, structure and legal and practical considerations that apply to most commercial transactions in the United States. Most lawyers will admit that there are one or two revered texts that they always keep within arm's length of their desk. I have little doubt that Distribution Law will find a home within arm's length of the desks of numerous lawyers in law firms and corporate legal departments where an easy reference source is needed to provide guidance on legal issues affecting the distribution of goods and services (that is, almost all commercial lawyers). In addition, I would think that academics teaching business and legal courses involving commercial structures and methods in the United States would find the text to be an invaluable addition to their course materials. David Gurnick should be proud of his achievement and we who will reap the benefits of his dedication and hard work in bringing Distribution Law to fruition should offer him hearty thanks."
--James Goniea, Vice President & General Counsel, American Driveline Systems, Inc., AAMCO Transmissions, Inc.

"David Gurnick has synthesized into one volume cogent explanations of the various bodies of law that affect the distribution of goods and services in the United States. In one place, a reader can answer questions about distribution issues that otherwise would require research into vastly different areas of law, such as intellectual property, antitrust, product liability, commercial codes, and, of course, franchise laws. This one-stop shopping treatise is a valuable addition to the library of any practitioner of franchise and distribution law. Gurnick has done an excellent job of synthesizing the various laws that impact the supply chain. Although a treatise, both the layout and the frequent use of examples, comparisons, and bullet points make this publication an easy handbook for quick reference. This new book may become a popular text in the expanding curricula on franchise law."

--Franchise Law Journal 

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