Contracts

Manufacturing Alert: New Court Decision Underscores Importance of Forum Selection Clauses in Contracts

By Jeffrey White & Guest Contributor on September 8, 2021

Posted in Contracts, Intellectual Property, Litigation, Trade Compliance

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

By Jeffrey White on August 26, 2021

Posted in Contracts, Industry Outlook, Supply Chain, Trade Compliance

“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

By Jeffrey White on August 10, 2021

Posted in Best Practices, Contracts, Coronavirus, Crisis Management Counseling, Industry Outlook, Litigation, Product Liability, Supply Chain

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…

The Challenges Facing Manufacturers Wishing To Sell Products Globally

By Jeffrey White on May 3, 2021

Posted in Best Practices, Contracts, Industry Outlook, Product Development

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

By Jeffrey White on February 25, 2021

Posted in Contracts, Coronavirus, Industry Outlook, Supply Chain

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…

Force Majeure Litigation Involving Manufacturers

By Jeffrey White on February 1, 2021

Posted in Contracts, Coronavirus, Industry Outlook, Supply Chain

Earlier this year, I provided our 2021 Corporate Compliance and Litigation Outlook for Manufacturers. I noted that even though we had been counseling a lot of manufacturers on force majeure events (i.e., the ability to suspend performance) “there has not been a lot of litigation outside of what you hear about in the commercial real…

2021 Corporate Compliance & Litigation Outlook for Manufacturers

By Jeffrey White on January 7, 2021

Posted in Best Practices, Contracts, Coronavirus, Industry Outlook, Litigation, Supply Chain, Trade Compliance

2021 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 facing manufacturers that operate globally. Starting in 2016, we made sure our first three posts of the year are dedicated to providing…

Strategies for Privately-Held Manufacturers That Wish To Access Capital to Grow or to Exit

By Jeffrey White on December 11, 2020

Posted in Best Practices, Contracts, Industry Outlook

There are a lot of programs from service providers that seek to advise business owners on what to do after they have decided to sell their manufacturing business. I equate it to trying to jump on a ship just as it is entering port.

What happens, however, if you don’t know what to do or,…

Is Reshoring Here To Stay For Manufacturers?

By Jeffrey White on September 10, 2020

Posted in Best Practices, Contracts, Product Liability, Supply Chain

There has been a lot of talk about “reshoring” in the wake of COVID-19. Reshoring can take many forms. It usually refers to a company moving manufacturing facilities or services back to the United States. Other times, it means that a manufacturer will try to change its supply base and “move” it back to North…

Recent State-Court Decision Manufactures Raised Eyebrows

By Robinson+Cole's Manufacturing Industry Group on July 15, 2020

Posted in Arbitration, Contracts, Discrimination/Harassment, Employment Decisions, Litigation

On July 10, 2020, a New York State Supreme Court Judge issued a surprising decision finding that not only did a private arbitration agreement not bar a plaintiff’s court complaint, but that a company policy amended the parties’ previously executed employment agreement. The decision, Newton v. LVMH Moet Hennessy Louis Vuitton Inc., Index No.…

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