Sales

Conkle, Kremer & Engel provides full service legal counseling and representation for contract negotiations and dispute resolution for sales representatives, distributors and manufacturers in industries ranging from CNC machine tools and electronics to cosmetics. CK&E attorneys advise and represent sales representatives and manufacturers about their rights and obligations in sales commission and termination issues, including both independent contractor and employment relations.
CK&E’s litigation practice enhances its ability to anticipate and address proactively the problem areas that lead to disputes, and enables CK&E clients to negotiate advantageously with knowledge that their positions can be backed up. CK&E has achieved 7-figure settlements for sales reps, and has obtained defense judgments for manufacturers faced with unwarranted sales commission claims. CK&E has the distinction of being the trial lawyers for a sales representative in the first reported case in California that enforced the “California Independent Wholesale Sales Representatives Contractual Relations Act” (California Civil Code Section 1738.10) – Reilly v. Inquest Technology. In the Reilly case, CK&E obtained for its sales representative client a jury verdict of more than $2 million in damages that were then trebled to become a $6.2 million judgment against the manufacturer. Further, CK&E was able to establish that the individual owners of the manufacturer were personally liable for the full amount of the judgment. The result was upheld on appeal, and now stands as the first reported decision in California that affirmed the award of triple damages and attorney fees for a sales representative under Section 1738.10.


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