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
One of the blogs that we really enjoy is the China Law Blog, which is written primarily by Dan Harris of Harris Bricken. Dan recently wrote a post about the pitfalls of relying on a representation by a non-Chinese company that they own a manufacturing facility in China. As Dan states directly: Here’s the deal. … Continue Reading
We have been talking about conflict minerals for years. And, so have our manufacturing clients. As covered previously in this blog, the conflict minerals laws and regulations are some of the most well known, but least understood laws/regulations that face manufacturers/distributors today. The stated purpose of conflict mineral laws and regulations were laudable, namely, to … 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
This week, we are pleased to have a guest post from Kevin Daly. Attorney Daly is a member of Robinson & Cole’s Manufacturing Industry Group and also its Trade Compliance Team. In 2010, California enacted the California Transparency in Supply Chains Act (the “Act”). The goal of the Act is to curtail human trafficking and … Continue Reading
Inogen, which manufactures portable oxygen devices, has alerted the Securities and Exchange Commission in a recent filing that it is notifying 30,000 individuals that their personal information was compromised when a hacker gained access to one of its employees’ email accounts through a phishing scheme.… 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
Now that the first year of the Trump administration is behind us, I had the opportunity to write an article for the Hartford Business Journal regarding trends that are developing in 2018. To read my article, please click here. Topics covered include deregulation efforts, the Foreign Corrupt Practices Act (FCPA), the False Claims Act (FCA), … 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
