By nature, lawyers tend to be reactive and we are trained to respond to crisis and/or problems. So, it takes a lot of work to develop proactive skills so that we can help our clients avoid problems such as large customer disputes or worse (the dreaded class action).
Over time, we have noticed common themes…
Regular readers know that a good part of my practice deals with the use of “post-employment restrictions” to prevent former employees from using, selling or distributing a company’s most valuable assets – its intellectual property. In one of my first blog posts on this site, I commented that the “explosion” of litigation in this area…
Readers of this space may recall my recent posts highlighting court and legislative changes to employment laws, regulations and policies affecting manufacturers. See e.g. “‘Manufacturing’ Law: Courts Also Move to Fill the Void,” “INTERESTING UPDATE: ‘Manufacturing’ Law: Courts Join the States to Fill the Void,” and “The DOL Seeks…
Some manufacturers may interpret the “Epic Fail” of Congress to repeal the Affordable Care Act as a sign of stability in the labor and employment landscape. After all, one thing which the new Administration and Congressional Republicans had in common was their seven-year pledge to repeal “Obamacare.” When compared to the divergent views on other…
I am a really big fan of the NPR radio show, “Car Talk,” where two Boston auto mechanics took callers’ questions and tried to answer them. Since the November 8 election, I have freely adapted one of their signature phrases – I call it the “Manufacturers’ Lawyers’ Shrug.” Basically, when I attend any event and…
Last month, I gave a presentation to manufacturers and distributors throughout the United States on Conflict Minerals Laws. The program was sponsored by the United States Department of Commerce. These laws attempt to curb the acquisition of certain minerals from a certain part of Africa that are believed to support regional conflicts.
Here are some…
The New Year holiday is barely over and 2015 has delivered its first significant development affecting manufacturers and their labor unions. On January 26, 2015, in M&G Polymers U.S.A. v. Tackett, a unanimous United States Supreme Court took the Sixth Circuit Court of Appeals to the woodshed with the wholesale repudiation of its thirty-year…
It is our annual tradition at the beginning of each year to report on significant issues that face manufacturers/distributors in the year ahead. Two weeks ago, Matt reported on significant issues in the labor/employment arena. Last week, Pam reported on Environmental, Health and Safefy (EH&S) issues.
To round out the series, I’ll be…
The approaching holidays may have put Congress, the National Labor Relations Board and the United States Supreme Court in the “gift-giving” mood. In the last week, three significant developments occurred which may radically affect manufacturers in 2015.
On December 11, in Purple Communications, a divided National Labor Relations Board ruled that employees had a…
Earlier this year, I wrote about efforts to reform the patent system to curtail abuses by “patent trolls.” Patent trolls do not manufacture anything. Rather, they often buy up patents and then bring lawsuits against businesses seeking to extract licensing fees. Last week, the Federal Trade Commission (FTC) reported on its blog that it had…
