Archives: Industry Outlook

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Settlement with Swedish Telecom Giant Falls Just Short of First $1 Billion FCPA Resolution

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. In September, the U.S. government announced a nearly $1 billion FCPA (Foreign Corrupt Practices Act) settlement with the Swedish telecommunications company Telia.  The total monetary … Continue Reading

Patent Litigation Development for Manufacturers: U.S. Supreme Court Limits where Corporations can be Sued for Patent Infringement

This week, we are pleased to have a guest post from James Nault, a patent attorney and member of Robinson & Cole LLP’s intellectual property litigation group. The United States Supreme Court just limited where corporations can be sued for patent infringement in a case called TC Heartland LLC v. Kraft Foods Group Brands LLC, … Continue Reading

What Will 2017 Bring For Manufacturers: Environmental, Health & Safety Edition

This post is the last in our three-part series about what manufacturers can expect in 2017. In my humble opinion, we saved the best for last – Environmental, Health & Safety. Citizen Science With increasing awareness of environmental issues and advancing monitoring technologies comes a rise in citizen science. Citizens—be it a single person or … Continue Reading

Things Manufacturers Should Be Watching In 2017 In The Areas of Corporate Compliance / Litigation

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

Complying With Conflict Minerals Laws: Global Best Practices for Manufacturers and Distributors

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 … Continue Reading

The Future of Technology for Manufacturers

I had the pleasure of moderating a panel at the Connecticut Business & Industry Association (CBIA)’s Annual Manufacturing Summit.  The title of the Panel was “The Future of Manufacturing in Connecticut” and included three experienced manufacturing executives:  William Lee, President & CEO, The Lee Company; Severine Zygmont, President, Biomedical, Oxford Performance Materials, Inc.; and Pedro … Continue Reading

Key Considerations For Foreign Manufacturers That Wish To Sell Products In The United States

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

Cybersecurity Risks to the Manufacturing Sector

The 2016 Manufacturing Report by Sikich finds that there has been a progressive growth in cyber-attacks in the manufacturing sector. This is consistent with the most recent IBM /X-Force Research 2016 Cyber Security Intelligence Index, which  notes that the manufacturing industry represents the second most attacked industry, just behind health care. Manufacturing companies often don’t … Continue Reading

How These Contract Provisions Can Reduce A Manufacturer’s Margins

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

How The Failure To Comply With The Conflict Minerals Law Can Expose Manufacturers To Criminal Penalties

Last year, we provided an overview regarding the requirement that U.S. publicly traded companies disclose their use of “conflict minerals.”  As of 2014, the Government Accounting Office reported that 1,321 companies filed the requisite disclosure.  The GAO anticipated that over 6,000 companies could be affected by the rule.  That discrepancy can be explained either by: … Continue Reading

How Passage of Trade Secrets Act Will Help Manufacturers: An Update

Last month, we posted about the United States Senate’s passage of the Defend Trade Secrets Act of 2016.  Breaking news:  It passed.  Thanks to members of our Labor & Employment (Ian Clarke-Fisher) and Intellectual Property Litigation groups (Jim Nault) for this guest post. On May 11, 2016, President Barack Obama signed the Defend Trade Secrets … Continue Reading

Legal Issues for Manufacturers To Consider When Selling Into New Markets

Manufacturers continue to look for ways to increase sales revenue without a massive infusion of capital.  Many companies have been successful in adapting current products for new uses and markets.  For instance, a company that makes aerospace components might use certain core competencies to develop products that can be sold in other markets without investing … Continue Reading

Breaking News: UAW Wins VW Manufacturing Plant Vote in Tennessee

On Friday, the United Auto Workers claimed victory in its long-running efforts to organize the VW plant in Chattanooga, Tennessee.  Reportedly capturing 71 percent of the vote (108 in favor to 44 against), the election victory represents the first successful organizing campaign of this troubled German car manufacturer in the United States.  The victory comes … Continue Reading

Why The Recent Indictments of Nutritional Supplement Executives Matter To All Manufacturers/Distributors

Our firm has substantial experience in representing nutritional supplement manufacturers.  For that reason, the news that the Justice Department and federal agencies (such as the FTC) is engaged in a nationwide sweep of such companies is newsworthy.  This sweep has consisted of both criminal and civil/regulatory actions that will take years to unravel. Other manufacturers/distributors might … Continue Reading

More Federal Money for Manufacturers

As reported by Industry Week, the U.S. Secretary of Commerce recently announced that 12 additional communities will receive designations under the Obama Administration’s Investing in Manufacturing Communities Partnership (IMCP) initiative.  According to Industry Week: The 12 designated Manufacturing Communities will receive coordinated support for their strategies from the following eleven federal agencies with more than $1 billion available … Continue Reading

TSCA Reform and Its Implications for Manufacturers

Even if you’re well-versed in environmental statutes, one you might not spend a lot of time thinking about is the Toxic Substances Control Act, or TSCA.  That’s because, with a few notable exceptions (PCBs being a good example), TSCA currently focuses on regulating new chemicals as they are introduced into commerce, or on significant new uses … Continue Reading

How Will The Commercial Use of Drones Impact Manufacturers/Distributors?

The Federal Aviation Administration (FAA) has issued a series of proposals for the use and regulation of drones (i.e., Unmanned Aircrafy Systems (UAS)) for commercial purposes.  In conjuction with these proposals, the White House released a memorandum that attempts to ensure the privacy of data obtained by drones.  Note that it may take 2-3 years for these proposals to become final … Continue Reading

When Bad Things Happen at Good Facilities (Hazardous Air Pollutant Edition)

(Many thanks to my colleague and source of all info air related, Brian Freeman, who wrote today’s post.) Malfunctions happen, even at a well-managed facility.  When they happen, they can cause a facility to deviate from emission limits or other standards regarding (among other things) hazardous air pollutants.  Furthermore, through several court rulings and EPA … Continue Reading

Five 2015 Corporate Compliance / Litigation Issues Manufacturers Need To Keep An Eye On

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 writing about … Continue Reading

Five 2015 Environmental, Health and Safety Issues Manufacturers Need to Keep An Eye on

Matt set a pretty high bar last week, summarizing his thoughts for what could be a tumultuous 2015 on the labor and employment front.  Now, it’s my turn to provide some thoughts for 2015 the EHS front.  I’m not sure I’d call all of these predictions, since we know that they’re out there – more … Continue Reading

Data Privacy: A Bill in Congress Every Manufacturer Should Be Aware of

One of the issues that manufacturers/distributors are paying more attention to is their document retention policies.  Things get complicated, however, when a corporation has operations outside of the United States.  It is not uncommon, for instance, for a manufacturer/distributor to store information on a computer server that is housed outside of the United States. Records … Continue Reading
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