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Product Diversion, Customer Defection & Brand Degradation: Symptoms and Solutions

Tuesday July 26th, 2005 8:00 am
Cosmoprof North America
Education Series
Mandalay Bay, Las Vegas, NV

Diversion continues to be a major issue in the professional beauty industry, causing brand degradation, customer defection and distribution channel chaos. The Internet is becoming a tool of diverters and poses as one of the most insidious threats to brand value. This 90 minute moderated panel seminar will provide attendees with insight into each of these problems and present various actionable solutions to overcoming them. Attendees will have the opportunity to interact with the panelists covering issues such as:

  • preventing diversion on the internet
  • the cost of customer defections and how to prevent them
  • building brand value in an internet age
  • supply chain cost reduction through online ordering
  • distribution strategies that increase market size

The four member panel includes William Conkle, of Conkle & Olesten, a leading anti-diversion law firm with numerous multi-million dollar triumphs, Stanley G. Hart, President/CEO of S. G. Hart & Associates, a leading global brand protection consulting company; Dr. Bert Rosenbloom, world-renowned author and Profession of Marketing at the LeBow College of Business, Drexel University and Adam G. Southam, Chairman/CEO of Reshare Corporation, a leading distribution relationship management software company.


Panel Member Bio's



Bill Conkle
President
Conkle & Olesten

 

Bill Conkle is a lawyer who specializes in fighting product diversion and the distribution of counterfeits. He has helped manufacturers protect their distribution systems from diversion. He has succeeded in lawsuits that recovered money and enjoined future diversion. He has prosecuted claims against retailers, wholesalers, faithless sales representatives, distributors, salons, the people who plan and finance the diversionary sales and the people who create and use phony records to conceal diversions and counterfeiting. The cases have resulted in published decisions establishing that (1) diverters can be civilly liable for handling consumer products whose tracking codes were removed, and (2) diversion wholesalers such as Quality King and retailers such as Rite Aid can be liable for interference with contractual relations for engaging in conduct that is unfair or illegal.

At UCLA Law School, Bill was one of five Olin Matheson Fellows in Law and Economics, a specialized program that focused on the legal and economic issues involved in distribution systems and trade regulation. After graduation in 1977, Bill began his career specializing in cases involving the creation and protection of the property rights and goodwill created by patents, trademarks, copyrights and specialized product distribution. He helps clients use business systems and legal procedures to protect their property rights in the same way that walls, alarms and police protect houses and other property. Every lawyer at Bill’s firm, Conkle & Olesten, has been involved in the litigation, trial and appeal of diversion cases. Bill has obtained numerous multimillion dollar recoveries for plaintiffs at trials and by settlements.

Forbes Magazine is featuring Bill on its segment of America’s Best Lawyers, to be broadcast on American Airlines flights this summer. Bill was selected because of his work combating product diversion, and he discussed with Forbes Magazine some of the legal theories that his firm uses in lawsuits to defeat diversion.

Bill graduated from the Naval Academy in 1969. After several sea tours, in Viet Nam, Europe and the Atlantic, he served as a political-military intelligence officer based in London. Bill is a patent lawyer and has taught patent law bar review courses. Bill also handles complex insurance cases representing insureds and claimants, not insurance companies. For years, he has been teaching insurance law courses, including one for real estate developers at the University of Southern California.

Bill holds a commercial pilot’s license. He is active in mountain and rock climbing, and in mountain biking. Bill and his wife, Christina, have two sons and live in Santa Monica, California.



Stanley G. Hart
President/CEO
S. G. Hart & Associates

 

Stanley G. Hart is a leading global authority on brand protection and the strategies used to prevent the diversion and counterfeiting of intellectual property. He has developed strategic brand equity protection plans and implemented technological solutions to prevent diversion across a wide variety of industries, some of which would include cosmetics, beauty, tobacco, healthcare, nutrition, personal care and electronic components. Stanley has been the featured author within numerous international publications and is a sought speaker on this subject. He has founded two companies within this area of expertise. Stanley is currently President and CEO of S.G. Hart & Associates, The Brand Equity Protection Company TM. S. G. Hart & Associates is a leading global brand protection consulting company helping clients develop and implement strategies that protect supply chains from the disruptions caused by counterfeiting, product diversion, tampering & theft. S. G. Hart & Associates is the publisher of BrandEyeTM, a thought provoking bi-monthly publication devoted to brand protection issues and strategies. Prior to founding S. G. Hart & Associates, Stanley was President and CEO of Westvaco Brand Security, Inc. a technology and technology integration company that provided solutions to prevent diversion and counterfeiting. This operation was later merged into the operations of a Fortune 200 company.



Dr. Bert Rosenbloom
Author, Professor of Marketing
LeBow College of Business Drexel University

 

Dr. Bert Rosenbloom is a leading authority on the management of marketing channels and distribution systems and the author of 11 books and more than 100 articles. His expertise is world renowned in the areas of marketing channels and distribution systems, electronic commerce, interorganizational marketing management, wholesale and retail distribution, marketing strategy and planning.

He is Professor of Marketing and holds the Rauth Chair in Electronic Commerce in the LeBow College of Business at Drexel University, Philadelphia, Pennsylvania, USA.

One of his eleven books, Marketing Channels: A Management View (Thomson/Southwest) now in its seventh edition is the standard textbook in the field. His book Retail Marketing (Random House), a pioneering text on the application of modern marketing methods to retail channels has had a major impact on distribution thought in the U.S. and other countries around the world. Another of his books, Marketing Functions and the Wholesaler Distributor (Distribution Research and Education Foundation) has been acclaimed in the wholesaling sector for providing the industry with new concepts and analytical methods for increasing productivity in wholesale marketing channels.

His research has been widely published in the major professional journals such as the Journal of Marketing, Journal of Retailing, Academy of Marketing Science, International Marketing Review, Business Horizons, Journal of Personal Selling and Sales Management, Management Review, Long Range Planning, Journal of Global Marketing, European Journal of Marketing and many others. His research is also frequently presented at professional conferences of the American Marketing Association, Academy of Marketing Science, World Marketing Congress, Retail Research Society, Distribution Research and Education Foundation, Direct Selling Education Foundation and many other in the United States, Western Europe, Eastern Europe, Asia, Australia and New Zealand channels



Adam G. Sotham
Chairman/CEO
Reshare Corporation

 

Adam Southam is a broad based strategic thinker who brings more than two decades of business start-up, development and marketing experience to his role as founder and CEO of Reshare® Corporation.

Southam's entrepreneurial spirit and vision have served him well over the years. His career experience has ranged from founder and developer of a premier waterfront plaza to vice president of development at a leading Midwest design and engineering firm, where he forged profitable partnerships with Fortune 500 clients. Earlier, Southam successfully identified an important, untapped niche in the photo processing market and built a successful business servicing photo finishing retailers.

Adam is responsible for overall leadership of Reshare including its strategic positioning, intellectual property development and executive management. He has invented several business models, methods and systems, software, and mechanical devices which are being patented.

In addition to his business savvy, Southam brings a special talent for identifying new market opportunities and building strong client relationships to his role at Reshare. At Marshall Wyant he continually found solutions to top level business problems for its clients that resulted in the firm's expansion into several new and profitable markets. Southam also is an experienced fundraiser and philanthropist who consistently attracts large donors to projects about which he cares deeply.
Southam lives in Edina, Minnesota.