May 31 2023
Independent Sales Representatives
Our Knowledge in Independent Sales Representatives
Reps are the lifeblood of countless companies and are a critical linchpin of the business cycle. By educating customers about their principals’ products, serving on the front lines of customer service, bridging the gap between principals and customers, and by tirelessly pioneering new territories and driving sales and revenue growth, reps fill a vital role.
von Briesen’s team brings decades of experience assisting reps. Our national practice assists reps all across the country and covers all areas of law important to reps:
- Drafting and negotiating rep contracts
- Purchasing and selling of rep agencies
- Facilitating rep agency strategic business, tax, and succession planning
- Developing rep agency contracts with employees and independent contractors and sub-rep agreements
- Resolving disputes with principals regarding performance, territory, and commissions
- Litigation of commission disputes
The best way to protect the rep’s interests is through a strong contract. Our attorneys regularly prepare and negotiate rep contracts. We have successfully negotiated hundreds of rep agreements covering all industries served by reps. We make sure that the rep’s interests are addressed, including the key issues of territory, termination, and post-termination or “tail” commissions.
The team serves as lead counsel for rep agencies in transactions involving the sale of agencies. Our experience includes assisting rep agencies in over one hundred purchase agreements involving agencies in numerous states.
Inevitably, disputes arise with principals regarding territory, terminations, and commissions. When that happens, we aggressively and effectively protect the interest of reps including when litigation occurs and the dispute is in court. Our long track record includes the recovery of millions of dollars on behalf of rep clients.
von Briesen attorneys served on the committee that assisted with drafting Wisconsin’s Commission Protection Statute, Wis. Stat. § 134.93. Wisconsin and numerous other states across the country have enacted commission protection statutes that allow reps whose commissions have been wrongfully withheld to sue and recover up to three times the amount of the commissions due as well as recover attorney fees. von Briesen’s team has demonstrated skill in using these laws to obtain positive results for the firm’s rep clients.
Thomas J. Kammerait
Mark E. Schmidt
Independent Sales Representatives Professionals
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