A Letter From MRC’s Legal Services Provider

SEMA Member News—March/April 2012 

A Letter From MRC’s Legal Services Provider

  aftermarket business, aftermarket parts laws, automotive legislation
Steven M. Sack maintains a private law practice is New York City, is a Phi Beta Kappa graduate of the State University of New York at Stony Brook and graduated from Boston College Law School with a Juris Doctor degree. To learn more about Sack, visit his homepage. 
It is an honor to once again provide legal services to Manufacturers’ Rep Council (MRC) members during 2012. As your attorney for the past 15 years, I am interested in helping you with potential and current problems involving your principals, employees and customers.

During my 32-plus years of private practice, I have represented thousands of sales reps in most industries throughout the United States, generally with successful results. I welcome your comments, suggestions and needs. One of the benefits you will enjoy is unlimited telephone consultation with me at no charge. Thus, do not hesitate to call me if you have any questions or problems. Remember, the principle of “preventive law” really works. Call me before you take on a new line or resign from an old one, and speak with me the moment you begin experiencing difficulties collecting earned commissions from a principal.

In addition, I will be preparing articles on timely legal subjects pertaining to your rep business. If you have a subject in mind that you would like me to discuss, drop me a line and I will try to write about it.

I appreciate your interest and support. Never forget that I am only a phone call away and am eager to help you. As your council attorney, I have a tremendous amount of clout to resolve problems with your principals throughout the United States, and I can negotiate settlements no matter where you are located.

My services work as follows: When you have a dispute with a principal or are experiencing a problem collecting commissions, call me at no charge to discuss the matter (my cell number is 917-371-8000), and I will endeavor to speak to you or call you back immediately. If appropriate and after speaking with me, forward me a package that contains the name, address of the company and the officer to whom my letter should be sent. Enclose all pertinent documentation, such as copies of any contracts, letters of termination received and letters of protest sent. I will review this immediately and call you to discuss the case. There is a $350 charge for this service.

If your case has merit, I will draft a demand letter and try to negotiate the matter to a successful conclusion prior to the institution of a lawsuit. My discounted fee is 30% of any money collected.

If negotiations are unsuccessful and litigation is required outside of New York, I will assist you in hiring competent local counsel in the appropriate jurisdiction to maximize your claim. There is no fee for this service. If you wish me to be actively involved in the case thereafter, such as to review all pleadings, testify as an expert witness or assist your local counsel at the trial, a retainer will be discussed and agreed upon based on my discounted hourly rate of $400 (normally $475).


aftermarket business, aftermarket parts laws, automotive legislationIN OTHER NEWS

Tommy Jourdan (left) pictured with his father Skeeter, will take over as MRC Chair in July. Tommy’s goal is to increase rep involvement in the Council while keeping rep issues at the forefront of the Association. 

Another service I perform at no cost is to review and advise you on all contracts you receive. Simply fax such agreements to my office at 516-623-9115 with a cover letter, or send me an e-mail at stevensackatty@hotmail.com when you feel a contract is ambiguous, onerous or unfair. I will review it immediately and call you back to discuss such agreements and provide you with valuable negotiating strategies.

I have also provided Zane Clark, SEMA’s MRC council director, with standard suggested contracts to be used when being hired by a principal, plus a suggested rep-sub-agent agreement, rep-sales employee agreement and rep-sales manager agreement. These agreements are quite valuable and are yours as a courtesy.

I am available to discuss each member’s specific problems at meetings onsite in New York. You can bring your files, and we can schedule private, no-charge, 15-minute consultations. I also provide labor and corporate advice (such as preparing shareholder and partnership agreements and advising members on mergers, acquisitions or sales of their rep agencies) at the same reduced hourly rate.

I look forward to working with you this year. My father of blessed memory was a sales rep for many years, and I know the legal problems you all face firsthand. Thank you for giving me the opportunity to continue protecting your rights and serving you.

Steven Sack is located at 110 E. 59th St., 19th Floor, New York, NY 10022.