PROTECTING YOUR SALES COMMISSIONS AND TERRITORIAL RIGHTS

SCOTT M. SANDERS

In 1988, Scott M. Sanders began practicing law in Business and Contract litigation. As the son of a sales representative, Mr. Sanders recognized, early on, the critical need for agents to protect their territorial markets. He began an association with the Manufacturers’ Agents National Association (M.A.N.A.) in 1989, towards that end; and has, since that time, undertaken Contract litigation for sales agents and agencies throughout the United States.

As the world economy began to quickly evolve in the 1990′s, Mr. Sanders undertook the study of International Law affecting off shore manufacturing, and related domestic sales/distribution. He is published in that field. In 1998 he became one of the first lawyers in California to obtain a triple damage judgment based on California’s Sales Commission Protection Act; and later litigated many notable cases and obtained large settlements and judgments in a wide variety of industries, involving companies such as Caterpillar, Daimler Trucks, Hewlett-Packard, Hughes Network Systems, Boeing, Honeywell International, McDonnell-Douglas, Toshiba, Trend Plastics, Pelican Products, International Micro-Processors, Perkin Elmer, Raytheon, and Williams Sonoma.

Mr. Sanders has a 97% success rate in settling or obtaining judgments in sales commission disputes, over a large sampling of cases in 24 years of practice in this field; and stays highly involved with cutting edge Contract Law and Agency Sales issues affecting both sales agents and manufacturers.

PUBLISHED ARTICLES:
“WHEN A CONTRACT IS NOT A CONTRACT”
Agency Sales Magazine, August 2004

“THE IMPACT OF THE GLOBAL ECONOMY ON THE SALES REP-MANUFACTURER RELATIONSHIP”
Agency Sales Magazine, December 2004

“HOW THE PROCURING CAUSE DOCTRINE CAN GARNER LONG-TERM CONTRACT PROTECTION OR HOW I LEARNED TO STOP WORRYING AND GOT WHAT I WAS WORTH”
Agency Sales Magazine, October 2011

“THINGS THAT CAN DERAIL A LAWSUIT FOR SALES COMMISSIONS”
Agency Sales Magazine, 2013

LESLIE S. MARELL

Leslie S. Marell has been practicing business and commercial law for over 25 years, and possesses extensive legal experience counseling companies in business contracts, corporate matters, purchasing and sales, computer and technology law, and employment.

Ms. Marell works with manufacturers and OEMs, independent sales representatives and distributors, who range in size from Fortune 100 companies to sole proprietorships, as well as trade associations such as the Southern CaliforniaERA – Electronic Representatives Association – and MANA – Manufacturers’Agents National Association.

Focusing on the transactional area of law, Ms. Marell is well equipped with the best written instruments and language to help sales agents protect their territorial markets. She was instrumental in creating an initial Representation Agreement template for both MANA and Southern California ERA members.

In addition to her legal practice, Ms. Marell has presented seminars throughout the U.S. to thousands of sales, marketing and purchasing professionals on Business, Contract, and Intellectual Property Law; and has given in-house presentations to companies such as Abbott, Aera Energy, Apple, Amylin Pharmaceuticals, Applied Materials, Beckman, Boeing, Cargill, Carl Zeiss Meditec, Eastman Chemical, FMC, Goodrich, Hitachi Data Systems, Halliburton, Hanes, Hewlett Packard, John Deere, Master Foods, Mitsubishi, Northrop, Pilkington, Qualcomm, Siemens, Texaco, UCLA, UC San Diego, Unum Insurance, Unocal, and Verizon.

Her face to face presentations to business people help her stay highly involved with real world business and legal issues affecting sales agents and agencies.

PUBLISHED BOOKS & ARTICLES:
“PURCHASING HANDBOOK. A GUIDE FOR THE PURCHASING & SUPPLY PROFESSIONAL”
McGraw-Hill; Intellectual Property 2006

“IF IT’S NOT IN THE CONTRACT, IT’S NOT PART OF THE DEAL” 
Agency Sales Magazine, 2012

“GET EMPLOYEE SALES COMMISSION PLANS IN WRITING…” 
Agency Sales Magazine, 2013

CURTIS KAISER

I grew up in the sales representative business. My father was an in-house sales rep during the 1980’s and formed his own independent firm in the electronics industry, in the 1990’s. Although my brother joined the family agency, I opted for a different path and went to law school.

In 2005, while advising the family’s agency as its general counsel, we had a significant dispute with its largest principal. I reached out to ERA (the Electronics Representatives Association) and was put in touch with an attorney who focused on drafting sales representative contracts. That attorney said the only person to talk to for sales commission disputes was Scott Sanders of the Sales Commission Enforcers. We engaged them to represent us and underscored that we wanted to protect our rights, while at the same time maintain the relationship with our most important principal.

Scott did a fantastic job, we settled the case, and ten years later the agency’s relationship with the principal is the strongest it has ever been. Since that time, I have served as “of counsel” for the Sales Commission Enforcers, and can lend a sales agent’s input to any of the lawsuits we engage in.