Archives: Litigation

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Binge-Watching the Clean Water Act Cases and Rules

This week we are pleased to have a guest post from Robert S. Melvin, a member of Robinson+Cole’s Environmental, Energy + Telecommunications Group. Attorney Melvin has over 20 years of experience counseling clients on environmental, health, and safety compliance, sustainability, emergency response efforts, site remediation, and development projects. A wide range of clients benefit from … Continue Reading

Unfolding Coronavirus Conditions Present Unprecedented Challenges For Manufacturers

The patchwork of federal, state and local laws addressing leaves of absence, protections of people with disabilities and a manufacturer’s general obligation to provide a safe workplace come head-to-head with public reports of an evolving situation.  Right now, the CDC admits that “[m]uch is unknown about how the virus that causes COVID-19 spreads.”  Manufacturers should … Continue Reading

DOJ’s Latest FCPA Pressure Tactic: Charging Multiple Violations for Single Alleged Payment Scheme

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 Foreign Corrupt Practices Act (“FCPA”) prohibits paying or offering bribes to foreign officials to obtain business advantage. In some instances, the paying or offering … Continue Reading

A Look Back and Ahead: 2020 Employment Law Predictions

Our tradition includes using our first January post to make predictions about “what’s to come” in the year ahead. But first, let’s see how I did over the last year. “Time for 2019 Manufacturing Law Predictions: Drum Roll Please!” (Jan. 9, 2019). I boldly predicted that on the federal level the government would continue to … Continue Reading

2020 Corporate Compliance & Litigation Outlook for Manufacturers

We kicked off our seventh year writing the Manufacturing Law Blog with Megan’s predictions for EH&S and Matt weighed in about labor and employment.  So, now it is my turn: Sales Growth You might wonder why I would start a compliance/litigation discussion with a business issue, but for most industrial companies these issues are interrelated.  We … Continue Reading

PBGC Report Reminds Manufacturers of the Coming Threat

The Pension Benefit Guaranty Corporation released its Fiscal Year 2019 Annual Report and, you guessed it, it was “un-good” (a legal term I think).  The Multiemployer Insurance Program recorded a record-breaking deficit of $65.2 billion.  The PBGC warned that the Multiemployer fund will likely be insolvent by 2025, within 6 years from today.  Without the … Continue Reading

Conviction of Foreign Employee Reinforces Broad Geographic Reach of FCPA

This week we are pleased to have a guest post from Edward Heath and Kevin Daly. Attorneys Heath and Daly are members of Robinson+Cole’s Manufacturing Industry Team and regularly counsel clients on trade compliance, anti-corruption compliance, and other corporate compliance issues.  Last week, a jury found a former executive of a French multinational company guilty of violating the Foreign Corrupt Practices … Continue Reading

Legal Pot = Manufacturing Storm Clouds (the Refrain)

A few months back, I posted some thoughts about recent efforts to legalize medical and recreational marijuana, with an emphasis on the potential issues such laws would have on manufacturers – particularly manufacturers in a space requiring a heightened concern for employee safety.  See “Legal Pot = Manufacturing Storm Clouds” (May 29, 2019).  To my … Continue Reading

Protecting a Manufacturer’s Competitive Advantage: Recent Developments in Post-Employment Restrictions

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

Common Mistakes That Lead To Big Customer Disputes

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

For Manufacturers, “It’s Déjà Vu All Over Again!”

[With apologies to the great Yogi Berra!] Over the last three years, I have spent a good bit of space on this blog keeping manufacturers informed of the Department of Labor’s efforts to raise the wages of lower and middle level managerial employees and supervisors by raising the “salary threshold”.  See Blog posts of March … Continue Reading

Manufacturing a Summer (Employment) Potpourri

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

Manufacturers Revisit Mandatory Arbitration Agreements

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

Manufacturers Face New Discrimination Rules

Concluding their 2019 legislative sessions, New York and Connecticut adopted sweeping new discrimination and harassment requirements — mandating additional training, expanding available remedies and making it easier for victims to obtain judicial relief. New York In June, the New York General Assembly adopted several significant changes to New York State’s anti-discrimination statute (known as the … Continue Reading

Legal Pot = Storm Clouds for Manufacturers

New York City’s recent ban on pre-employment marijuana testing, coupled with recent decisions in New Jersey and Connecticut, could give manufacturers cause for concern.  Effective May 20, 2020, New York City employers will no longer be allowed to require pre-employment marijuana testing for most jobs, testing which historically has been a routine part of the … Continue Reading

Deadlines Approaching: Large Manufacturers Must Submit 2017 and 2018 Pay Data

Key Dates:  May 31, 2019 and September 30, 2019 You may have been following the complex twists and turns involving the collection of employee pay and demographic data by the EEOC.  While the landscape seems to be constantly changing, pending a stay of the court order in National Women’s Law Center, et al., v. Office … Continue Reading

Preparing for an Economic Downturn: How Manufacturers Can Prepare

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

U.S. Government Agencies’ Fast Track Changes to Legal Standards (Part 1)

With the Trump Administration now in its 27th month (half-way through the first term), Federal agencies seem to be picking up the pace of fundamentally altering the legal landscape in which manufacturers operate.  Keeping up with these changes can be a full time job. In this blog post, I will highlight some of the more … Continue Reading

2019 Corporate Compliance & Litigation Outlook for Manufacturers

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

Time for 2019 Manufacturing Law Predictions: Drum Roll Please!

When it comes to 2019 employment and labor developments for manufacturers, I predict …. much more of the same. The election of President Trump and a Republican controlled House and Senate in November 2016 brought a roll-back back from the aggressive enforcement policies of the Obama administration.  Simply speaking, the Federal Government has limited or … Continue Reading

January 1, 2019 Deadline for Manufacturers Bidding on New York State Contracts

Before ringing in the New Year, manufacturers bidding on competitive New York State contracts should keep in mind that after January 1, 2019, entities submitting bids must certify that they have adopted a sexual harassment policy that meets New York State’s mandated minimum standards, and provide annual training for all employees, including those working outside … Continue Reading

Non-Compete Cautionary Tale

A recent court decision underscores the need for manufacturers to exercise caution when seeking to impose Post-Employment Restrictions on key employees. Manufacturers often seek to bind employees to Post-Employment Restrictions (non-compete, non-solicitation and confidentiality obligations) in order to protect customer lists, pricing information and other confidential or “inside” information which gives them a competitive advantage … Continue Reading

TRAINING DEADLINE EXTENDED: Time to Catch the “Train” – The New York Gender-Based Harassment Train

Last month, I posted about New York State’s recently enacted law mandating all New York State employers adopt Sexual Harassment Policies and train all employees annually.  See “Time to Catch the “Train” – The New York Gender-Based Harassment Train.”  The Department of Labor published for public comment its August 23, 2018 draft sexual harassment training … Continue Reading
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