Practice Description:

Andre R. Jaglom regularly counsels clients in the distribution and marketing field, including the establishment and restructuring of distribution networks; negotiation and preparation of domestic and international distribution and supply contracts, as well as franchise offering circulars and agreements; establishment of e-commerce distribution agreements; counseling with respect to distributor and supplier relations; negotiating and structuring business transactions; and handling dealer termination litigation. In addition, Drew assists clients with the development of corporate legal compliance programs in antitrust and other areas, as well as providing general corporate counseling to new and established businesses.

Drew has extensive experience representing clients in the food and beverage industry, including alcoholic beverage law and soft drink distribution, in computer law, and in representing trade associations and non-profit organizations. Drew was the principal draftsman of the New Jersey Malt Alcoholic Beverages Practices Act, which was signed into law on December 15, 2005. He is often quoted in beer industry trade publications, such as Beer Business Daily (e.g., March 17. 2008,  July 1. 2007,  July 10, 2006, November 24, 2003, September 1, 2003, August 28, 2003, July 9, 2003 and December 5, 2002) and Beer Marketers Insights (e.g.,  February 11, 2008,  January 28, 2008,  July 3, 2007,  commentary on recent direct shipping decisions), and in news articles on beer distribution (e.g., Denver Post, November 25, 2007).

For over twenty-five years, Drew has chaired the annual American Law Institute-American Bar Association Course of Study on Product Distribution and Marketing, to rave reviews from lawyers who attend. Drew has spoken for many years on international distribution and marketing law and intellectual property protection issues at meetings of the New York State Bar Association International Section. He is First Vice-Chair of the International Section and Chair of its International Distribution, Sales and Marketing Committee. He served for eight years on the Computer Law Committee of the Association of the Bar of the City of New York, including five as Secretary.

Drew has been selected for inclusion in New York SuperLawyers for 2006, 2007, 2008 and 2009, every year that selections were made.

Publications:

• Distribution Contracts, Legal Checklists (Callaghan & Co.)
• For Programs of the International Law & Practice Section of the New York State Bar Association:
  • Canning Spam: Developing Regulation of Unsolicited Commercial E-mail around the World
  • Liability On-Line: Choice of Law and Jurisdiction on the Internet or Who's In Charge Here?
  • Regulation of Privacy on the Internet in the United States
• For the ALI-ABA Course of Study on Product Distribution and Marketing:
  • Managing Distribution: How to Develop a Corporate Legal Compliance Program
  • The Broad Scope of Franchise Laws: Traps for the Distribution Contract Drafter
  • Internet Distribution, E-Commerce and Other Computer Related Issues: Current Developments in Liability On-Line, Business Methods Patents and Software Distribution, Licensing and Copyright Protection Questions
  • Distribution Contracts

Presentations:

• Planning Chair, American Law Institute-American Bar Association Course of Study on Product Distribution and Marketing (including presentations on Business Franchise Laws, Internet Distribution, Distribution Contracts and Managing Distribution), 1987-present
• Fall Meetings of New York State Bar Association International Section
  • Panel Chair, "International Distribution Arrangements: Different Channels, Different Countries," Stockholm, 2008
  • Panel Chair, "Terminating Commercial Relations in Latin America: A Look at Distribution, Franchising, and Agency Agreements," Lima, 2007
  • Panel Chair, "Expanding Trade: Bringing Your Goods to a New Market Distribution Considerations in China," Shanghai, 2006
  • Panel Chair, "Developments in Competition Law in the European Union and the United States: Harmony and Conflict," London, 2005
  • Panel Chair, "Dealer Termination in the Americas: Can You Divorce a Dealer You Don't Love Anymore?," Santiago, 2004
  • Panel Chair, "Canning Spam: Developing Regulation of Unsolicited Commercial E-Mail Around the World," Amsterdam, 2003
  • Panel Chair, "Developments in Online Privacy Regulation and E-Commerce," Rome, 2002
  • Panel Chair, "International Regulation of Internet Privacy Issues," Madrid, 2000
  • Speaker, "Licensing, Franchising and Trademark Issues in Latin America," Miami, 1998
  • Speaker, "Protection of Intellectual Property in China, Hong Kong," 1997
  • Panel Chair, "Distribution and Marketing Law," Monaco, 1996
• Presentation, ?Dealer Termination in International Markets,? Center for International Legal Studies program on "Lawyering in the International Market," Pilanesberg, South Africa, 2008
• Panel Presentation, "Evaluating the Effects of Industry-Wide Consolidation," American Conference Institute Executive Legal Summit on Alcoholic Beverage Marketing and Distribution, Miami, February 7, 2007
• Lecturer, "Law and the Culinary Business," Essentials of Restaurant Management program (The French Culinary Institute)

Significant Matters:

Formation of Manhattan Beer Distributors, LLC (the third largest beer distributor in the U.S.) by Manhattan Beer Distributors, Inc. and Coors Distributing Company of New York, Inc., 1998.

Advised all New Jersey distributors of a major national brewer in negotiation and drafting of the   New Jersey Malt Alcoholic Beverages Practices Act, which was signed into law on December 15, 2005.

Negotiated trademark license agreement with major candy manufacturer for production of soft drink.

Advised Fortune 500 telecommunications equipment manufacturer in connection with restructuring their distribution arrangements, including trademark and software licensing issues with both resellers and end users.

Negotiated licensing agreements for portfolio management, pricing, hedging and trading software used as the arbitrage trading system at a major securities firm.

Represented Australian company in acquiring engine supercharger technology from Scottish and American companies for use and license in the U.S. and around the world.

Negotiated and drafted scores of distribution and licensing agreements in many industries, including beer, wine and spirits, food, soft drinks, perfume and cosmetics, watches, software and others.

Intellectual Property Litigation:
Rogers v. Koons, 960 F.2d 301 (2d Cir. 1992)
Elizabeth Taylor Cosmetics Co. v. Annick Goutal, Inc., 673 F. Supp. 1238 (S.D.N.Y. 1987)