I have posted a few times here about using post-employment restrictions to preserve a manufacturer’s competitive advantage. See “Non-Compete Cautionary Tale” (Nov, 2, 2018); “I’m New – And It’s No [Trade] Secret” (Oct. 27, 2014) and “Even More Reason for Manufacturers to Update Their Employment Agreements” (June 15, 2015). Many of my clients use these … Continue Reading
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 … Continue Reading
This blog post is dedicated to those of you who took a heathy summer break and want to catch up on the summer’s major developments. Let the speed reading begin! As predicted here, the Trump Administration launched a series of not-so-surprising raids to arrest undocumented workers. As of this writing, there has not been a … Continue Reading
I have just returned from my summer sojourn in the wilds of New England catching up on rest, relaxation and reported court decisions. (Yes, I embrace my inner nerd!) Two recent court decisions dealing with mandatory arbitration agreements caught my eye and highlight why some manufacturers may gain by requiring pre-dispute employment arbitration agreements. In … Continue Reading
You may ask why we are using the words “economic downturn” in a post. Most of our manufacturing clients are reporting strong sales and many economic pundits are saying that a recession is still far off into the future. With that said, this is exactly the time to start thinking about your supply chain and … Continue Reading
Earlier this year, we posted our 2019 Corporate Compliance & Litigation Outlook. In the post, we said the following with respect to tariffs: 2018 was the year of the “tariff” for manufacturers. You could not read a manufacturing news story without mention of it. There is a lot of hype around tariffs and other trade … Continue Reading
As we embark on the sixth year of the Manufacturing Law Blog, we continue our annual tradition of making predictions. Last week, Matt provided his thoughts and predictions in the labor/employment arena. This week, I am providing our outlook for corporate compliance and litigation. Contract Management As we have documented in the Blog for the … Continue Reading
Almost all industrial manufacturers deal with machine shops in some form or another. A typical scenario is that a manufacturer will provide their print (or that of their customer) to a machine shop to fabricate a component or sub-component. In the manufacturing law world, business to business disputes with machine shops outnumber those up the … Continue Reading
Earlier this week, our firm sponsored a panel discussion entitled “Export Compliance for Aerospace & Defense Firms – What the OEMs Expect from Their Supply Chain” as part of Connecticut Export Week 2018. Joanne Rapuano, Counsel in Robinson & Cole’s Trade Compliance practice, moderated the discussion. The panel included Matthew Borman, Deputy Assistant Secretary of … Continue Reading
Winston Churchill allegedly once said, “lovers of sausage and public policy should not watch either be made.” Recent events at the National Labor Relations Board call that apt quote to mind. In its zeal to overturn Obama-era precedent, the Trump N.L.R.B. seems to have stepped right into it – creating confusion and uncertainty for manufacturers … Continue Reading
As we mark the Manufacturing Law Blog’s 5th anniversary, I am also pleased to announce the launch of our new manufacturing law website. To access it, please click here. Last week, Megan provided our thoughts and predictions for environmental, health & safety. This week, I am providing our outlook for corporate compliance and litigation. GDPR … Continue Reading
Acting just days before the term of Chairman Phillip Miscimarra ended on December 16, the National Labor Relations Board issued four decisions overturning landmark cases that expanded employee and labor union protections. In a single week, the NLRB returns to pre-Obama-Board standards and upends the apple cart. Each case was decided on a strict, party-line … Continue Reading
We review a lot of manufacturing contracts for our clients. As most people know, there are often clauses that dictate what law will apply if there is a dispute (a.k.a. “choice of law” clauses) and where that dispute will be litigated (a.k.a. “forum selection” clauses). Under most circumstances, the party with the most leverage will … Continue Reading
As the recovery effort continues after Hurricane Harvey and Hurricane Irma, some manufacturers are starting to deal with supply chain slowdowns or shortages. The most widely reported issue that impacts both manufacturers and consumers is the shortage of fuel. However, these natural disasters have also impacted suppliers that operate in these areas. For those manufacturers … Continue Reading
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 to Change the Tide.” While … Continue Reading
This week, we are pleased to have a guest post from Kevin Daly. Attorney Daly is a member of the firm’s Manufacturing Industry Group and also its Trade Compliance Team. The False Claims Act (FCA) is a major civil enforcement tool used by the federal government to redress fraud causing monetary loss to the government. … Continue Reading
While local state and city governments have been working to expand the scope of workplace protections, the Federal government has begun “undoing” some of the aggressive advancements of the Obama Administration. On June 7, the Department of Labor (DOL) announced in a brief statement that it was withdrawing two significant guidance documents – one with … Continue Reading
Most manufacturers scrutinize indemnification clauses in contracts to determine what liability they might be taking on if something goes wrong in a transaction or sale. A typical indemnification clause will also provide that the party that indemnifies the other must pay that other party’s legal fees if a lawsuit is brought by a third party. … Continue Reading
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 … Continue Reading
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 … Continue Reading
Last week, I had the privilege of speaking at the American Bar Association’s Business Law Section Annual Meeting in Boston. The title of my presentation was: “Key Considerations for Foreign Manufacturers That Wish to Sell Products to the United States” which was presented at the meeting of the International Expansion and Cross-Border Transactions Subcommittee. Here are … Continue Reading
One of the key aspects of any supply chain contract is the section regarding pricing. Nothing is more important in a business deal than determining how much one manufacturer might pay another in a B2B transaction. In situations where one party has more leverage, that party often includes pricing language that can really impact the … Continue Reading
This week, we thank members of Robinson+Cole’s Business Reorganizations and Bankruptcy Group (Patrick Birney, Steve Boyajian and Mike Enright) for this post: Suppliers and vendors sometimes find themselves unpleasantly surprised by the bankruptcy of a customer, leaving a trail of unpaid invoices and little hope of recovery. To make matters worse, after licking their wounds … Continue Reading
Negotiating contracts in the supply chain are certainly challenging. As a lawyer, there is a temptation to want to change every term that is not to your liking. And, for that reason, a lot of lawyers will receive a contract to review from their client and immediately red-line every provision. Now, if your client is … Continue Reading
