A representative sampling of Jen’s experience includes the following:

Antitrust and Dealer or Sales Representative Termination Cases

• Representing utility companies in action alleging price fixing by four Class I railroads, In re Rail Freight Fuel Surcharge Antitrust Litigation.
• Obtained dismissal of counterclaims alleging price discrimination under the Robinson-Patman Act for a publicly traded distributor of thermoplastic resins.
• Defended a manufacturer of flooring compounds for commercial construction applications against counterclaims alleging secondary-line price discrimination under the Robinson-Patman Act.
• Represented manufacturers of material handling, equipment and outdoor power equipment in litigation brought by dealers in several states involving, among others, the New Jersey Franchise Practices Act (NJFPA), Wisconsin Fair Dealership Law (WFDL), Texas Fair Practices of Equipment Manufacturers, Distributors, Wholesalers and Dealers Act and the Minnesota Heavy and Utility Equipment Manufacturers and Dealers Act (MHUEMDA).
• Defended manufacturers in actions alleging termination of sales representative agreements in violation of sales representative statutes in Minnesota, Ohio, Texas, California and other states.

Counseling on Antitrust, Product Distribution and Competition Matters

• Drafting and advising on the terms of dealer, distributor, sales representative and other product distribution or supply arrangements for clients engaged in the manufacture or supply of welding equipment, outdoor power equipment, heavy equipment, high-pressure laminates, apparel, hair care, material handling equipment and medical products.
• Providing guidance to manufacturing clients on termination or appointment of dealers and distributors in the United States and internationally.
• Advising manufacturing clients on the legality of product distribution restraints.
• Counseling clients on product pricing, MAP, discounts and advertising programs under state and federal price discrimination laws and internet sales policies.

Unfair Competition, Advertising and Trade Secret Litigation

• Obtained a directed verdict for a leading provider of early childhood products and furniture after a two-week trade secret misappropriation trial that was affirmed on appeal.
• Successfully defended a preliminary injunction motion on behalf of a defendant in Lanham Act false advertising litigation filed in New Jersey federal court. Decision affirmed on appeal to the Third Circuit.
• Obtained preliminary injunctions for major providers of pharmacy products and distributor of spinal devices against former salespersons who went to work for competitors.
• Defeated preliminary injunction motion brought by former business partner against provider of secured text messaging services to doctors and hospitals.
• Obtained summary judgment for a publicly traded provider of engineering, construction and technical services to government agencies and private sector companies around the world in a case involving allegations of copyright infringement, trademark infringement, unfair competition, tortious interference and breach of contract.
• After a three-week trial, but prior to a jury verdict, secured a successful settlement for an engineering design company in a case involving the alleged copyright infringement of architectural plans for a tissue manufacturing plant and violation of the Computer Fraud and Abuse Act. Received a favorable decision on a defense motion for summary judgment in a trade secret misappropriation claim involving manufacturing process design in the same matter.