Hoff Law, LLC

Practice Areas

Manufacturers' / Independent Sales Representative Issues

Manufacturers'/Independent Representatives are usually small businesses who exemplify the entrepreneurial spirit. Hard-working, these entrepreneurs often spend years developing territories for principals, at their own expense. Typically, these businesses are paid commissions. However, commissions are not usually paid until the representative solicits an order that is received and accepted by the principal, and the principal gets paid. Often, these businesses become so engaged soliciting a product that the terms of the underlying contract are overlooked. It is important for the representative to have an attorney who practices in this area to help prepare or negotiate contractual terms. Hoff Law, LLC can perform this task. Gene Hoff has extensive experience counseling Minnesota sales representatives on the following issues:

  • Unlawful termination
  • Contract negotations
  • Territory disputes
  • Unpaid commissions
  • Restrictive covenants
  • Mediation
  • Recent changes to the Minnesota Termination of Sales Representative Act

Termination of Sales Representatives in Violation of the Minnesota Termination of Sales Representative Act

Minnesota state law regulates the termination of certain sales representatives under the Minnesota Termination of Sales Representative Act (the "Act").  When the Act applies, a sales representative, as defined by the Act, is protected from unlawful termination by a principal.  Except for specific circumstances, a principal must comply with the Act's statutory notice requirements and applicable cure periods before terminating its relationship with the Minnesota sales representative.  Not all sales representatives are protected under the Act.  Therefore, it is important to review any termination with an attorney who has experience with Minnesota sales representative issues.  Hoff Law, LLC can help in substantial ways.

Legislative Affairs

Sometimes there is a need to advocate for a change in an existing law, or to introduce a new law before the Minnesota legislature.  In 2014, 2017, and 2022 Gene Hoff organized a group of Minnesota sales representatives and, with the help of a national trade association and a local government relations firm, advocated before the Minnesota Legislature in three successful efforts to amend the Minnesota Termination of Sales Representative Act (the "Act").  These amendments closed several loopholes, which resulted in greater protection for independent sales representatives under the Act.  All three amendments were passed with bipartisan support.

Small Business Issues

Hoff Law, LLC understands the challenges of operating a small business.  When a dispute arises, small businesses want to resolve the dispute as efficiently as possible.

Hoff Law, LLC represents small businesses involving issues that often can be resolved without litigation.  At times these issues are contract-related and can be effectively resolved by identifying the underlying problem and encouraging a collaborative effort toward resolution.  Sometimes resolution of an issue involves negotiation or alternative dispute resolution such as mediation.  Occasionally arbitration or litigation is necessary and recommended.

The goal of Hoff Law, LLC is to assist small business when issues arise.  Whether this involves the preparation of a contract, negotiating a contract, or resolving a dispute, Hoff Law, LLC strives to take into consideration the objectives and the economics of an entrepreneurial client.

Mediation

As an alternative to trial, mediation can provide an opportunity to settle potential litigation out of court with the assistance of a professional mediator and an attorney advocate.  If you have your case mediated, the impartial third party chosen as mediator clarifies the conflict and attempts to facilitate a resolution in order to attain an equitable result.  While mediation does not settle every lawsuit, it is common in contract and civil damages cases and is seen as a viable cost- and time-saving alternative to litigation.  Hoff Law, LLC can help mediate disputes.

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