As is our annual tradition, this is the first in a series of posts that provide industry and legal outlooks for manufacturers as we head into 2017.  I will start with corporate compliance and litigation.  Matt will follow with labor/employment.  And, Megan will conclude the series with Environmental Health & Safety (EH&S).

Here are issues I will be watching in 2017.

  • Will Conflict Minerals Compliance Become More Complicated? 

In 2017, we will be watching as the European Union continues down the path of adopting comprehensive conflict minerals regulations relating to the importing of certain materials.  The EU proposal is broader in geographic scope than the U.S. law, but applies to a narrower set of companies (mostly, importers).  In addition, we will see if Congress amends the U.S. law, which continues to be heavily scrutinized.

  • What will be the ultimate impact of the Volkswagen Scandal?

As 2016 ended, Volkswagen continued to reach agreement on billions of dollars of fines and continue to face widespread litigation.  This past week, there was word that one of the company’s in-house lawyers could be implicated in the criminal investigation.  What remains to be seen is whether the scandal is an isolated incident or a warning bell to manufacturers across the world.

  • Is IoT Here To Stay?

One of the hottest industry issues in 2016 was the IoT or the “Internet of Things.”  Led by General Electric, manufacturers continue to redefine themselves as technology companies.  In 2017, not only will I be watching how manufacturers use IoT to support finished products, but also whether cyber attacks will continue.

  • Will Business to Business Disputes Continue To Increase?

There continued to be a substantial uptick in disputes in 2016 with respect to commercial contracts in the supply chain.  While these disputes almost never end in litigation, manufacturers and     distributors (regardless of their leverage) are taking a hard look at their contract review protocols.  We are helping many manufacturers develop “playbooks” that help identify risk irrespective of the size of the contract.

Tags: B2B, Conflict Mineral, Internet of Things, IoT, Volkswagen
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Photo of Jeffrey White Jeffrey White

I am a partner at Robinson+Cole who handles corporate compliance and litigation matters for both domestic and international manufacturers and distributors that make and ship products around the world. My clients have ranged from publicly traded Fortune 500 companies to privately held and/or…

I am a partner at Robinson+Cole who handles corporate compliance and litigation matters for both domestic and international manufacturers and distributors that make and ship products around the world. My clients have ranged from publicly traded Fortune 500 companies to privately held and/or family owned manufacturers. For those looking for my detailed law firm bio, click here.

I am often asked why I have focused a large part of my law practice on counseling manufacturers and distributors. As with most things in life, the answer to that question is tied back to experiences I had well before I became a lawyer. My grandfather spent over 30 years working at a steel mill (Detroit Steel Company), including several years in its maintenance department. One of my grandfather’s prime job duties was to make sure that the equipment being used was safe. In his later years, he would apply those lessons learned in every project we did together as he passed on to me his great respect and pride for the manufacturing industry.

Because of these experiences, I not only feel comfortable advising executives in a boardroom, but also can easily transition to the factory floor. My experience has involved a range of industries, including aerospace and defense, chemicals, energy, pharmaceuticals and life sciences, nutritional and dietary supplements, and retail and consumer products. While I have extensive experience in litigation (including product liability and class actions), I am extremely proactive about trying to keep my clients out of the courtroom if at all possible. Specifically, I have counseled manufacturers and distributors on issues such as product labeling and warranties, product recalls, workplace safety/OSHA, anti-trust, and vendor relations, among other things. I always look for the business-friendly solution to a problem that may face a manufacturer or distributor and I hope this blog will help advance those efforts.

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