Paul Ericksen of Industry Week has been writing about supply chain issues for many years. His most recent article “Supplier Goodwill toward OEMs Has Run Dry” caught my attention. The title is clearly meant to be provocative even though Paul says in his article that he is not “anti-OEM.” The article itself identifies several key

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 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.
2022 Corporate Compliance & Litigation Outlook for Manufacturers
In late 2012, we created the Manufacturing Law Blog with the goal of providing our manufacturing clients with a holistic approach to the unique issues they face in their global operations. Starting in 2016, we began a new tradition of dedicating our first three posts of the year to a yearly outlook from our different…
Tips for Building Relationships with International Distributors & Representatives
A few months ago, I was asked by the U.S. Department of Commerce to join a panel discussion on how to develop relationships with international distributors and representatives.
Most lawyer presentations on this subject begin by suggesting that manufacturers send their international partners one-sided contracts. These contracts focus on legal terms such as consequential damages,…
Think Twice Before Using These Contractual Shortcuts To Address Supply Chain Challenges
All manufacturers are generally tired of hearing about supply chain problems. These days companies are looking for ways to mitigate shipping delays (i.e., can we ship to a port other than Long Beach?) and the increased cost for raw materials.
Interestingly, I am starting to see consumer product companies and business-to-business manufacturers use similar language…
Manufacturing Alert: New Court Decision Underscores Importance of Forum Selection Clauses in Contracts
This week’s post was co-authored by Robinson+Cole Insurance + Reinsurance Group lawyer Denis J. O’Malley.
When a domestic company starts a relationship with an international partner, choosing the jurisdiction in which any dispute must be litigated in the event of a contract breach may not be top of mind. But a recent decision by the Connecticut Supreme Court illustrates the vital importance of including a forum selection clause in any contract with a foreign company in order to avoid the risk of having to litigate overseas.
Continue Reading Manufacturing Alert: New Court Decision Underscores Importance of Forum Selection Clauses in Contracts
Supply Chain Problems Persist for Manufacturers
“A supply chain crunch that was meant to be temporary now looks like it will last well into next year as the surging delta variant upends factory production in Asia and disrupts shipping, posing more shocks to the world economy.”
This is the opening paragraph from a recent Bloomberg article entitled “The World Economy’s Supply…
Five Tips for Managing Internal Emails in Supply Chain/Customer Disputes
In the past, we have provided some guidance about how to manage supply chain and other business to business disputes.
2020-2021 has been the year of supply chain disruptions and customer disputes. Not all disputes lead to a courtroom – many of them are resolved. However, there are certain practices when it comes to sending…
Small Steps on Big Issues: Recent Developments in the U.S.-UK Trade Relationship
This post is the result of a collaboration between the manufacturing law practices of U.S. based law firm, Robinson & Cole LLP, and U.K. law firm, Brabners LLP. The article was drafted by R+C lawyers, Kevin Daly and Jeff White and Brabners lawyers, Roy Barry and Oliver Andrews.
The trade relationship between the U.S. and UK is an economically and historically important one for both nations. While the two nations recommitted to their longstanding alliance at the recent G7 summit, a number of trade-related disputes remain pending. Some recent tariff easing suggests that the two countries are seeking to resolve these issues, and further changes to the tariff environment could be coming.
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The Challenges Facing Manufacturers Wishing To Sell Products Globally
One of the IndustryWeek articles that always grabs my attention is “Top 10 Most Corrupt Countries of 2021.” Obviously, there is an immediate incentive to check the list and see if you do business (or even can do business) in any of the countries listed.
Leaving the list aside, one trend for manufacturers…
Supply Chain Issues Persist for Manufacturers in Covid World
The Wall Street Journal published a story a few days ago that described some of the challenges that exist in the manufacturing supply chain.
“U.S. manufacturers aced the shutdown of their factories and warehouses last spring in response to Covid-19. They’re botching the recovery.
“After carrying out an orderly retreat from assembly lines as the…