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

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Last month, we posted about the United States Senate’s passage of the Defend Trade Secrets Act of 2016. Breaking news: It passed. On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA”), providing a...
By: Jeffrey White

Your Customer Just Declared Bankruptcy: Recent Decision That All Suppliers/Vendors Should Be Aware Of

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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 and recovering from the...
By: Jeffrey White

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

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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....
By: Jeffrey White

How These Contract Provisions Can Reduce A Manufacturer’s Margins

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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....
By: Jeffrey White

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

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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...
By: Jeffrey White

The Future of Technology for Manufacturers

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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...
By: Jeffrey White

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

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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...
By: Jeffrey White

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

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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,...
By: Jeffrey White

Keurig Settlement An Expensive Reminder About Product Defect Reporting Obligations

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The United States Consumer Product Safety Commission (CPSC) recently announced a $5.8 million agreement with Keurig Green Mountain, Inc. settling claims that Keurig failed to report a product defect that posed an unreasonable risk of serious injury...
By: Jeffrey White

A Contract Provision Often Overlooked By Manufacturers

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Most manufacturers scrutinize indemnification clauses in contracts to determine what liability they make be taking on if something goes wrong in a transaction or sale. A typical indemnification clause will also provide that the party that...
By: Jeffrey White

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

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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, No. 16-341 (U.S. May 22, 2017). Manufacturers sued for patent infringement are now...
By: Jeffrey White

The False Claims Act: Why It Is Relevant To All Manufacturers

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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. In the 2016 fiscal year, the federal government recovered over $4.7 billion in FCA judgments and...
By: Jeffrey White

Supply Chain Problems After The Hurricanes: What Manufacturers Should Be Aware Of

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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...
By: Jeffrey White

The Liability Risks of Temporary Employees

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I understand from my conversations with manufacturing executives that many companies need to use staffing agencies in order to locate skilled workers. In most cases, companies will hire the temps that work out after a trial period....
By: Jeffrey White

Why Manufacturers Should Look At The Federal Trade Commission (FTC)’s Website

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As readers of this blog know, Pam looks at OSHA’s website often to stay up to date on news that impacts manufacturers. I tend to look at the Federal Trade Commission (FTC)’s website to see if there are any recent orders or news items that impact...
By: Jeffrey White

Dealing With Shipping Companies: A Consistent Challenge for Manufacturers/Distributors

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One of the most important things for a manufacturer/distributor is ensuring that its products are shipped in a reliable fashion so they arrive on time and in good condition. Similarly, manufacturers rely heavily on shipping companies to deliver the...
By: Jeffrey White

Federal Trade Commission (FTC) Settles Complaint Against Patent Troll That Manufacturers Should Be Aware Of

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Earlier this year, I wrote about efforts to reform the patent system to curtail abuses by “patent trolls.” Patent trolls do not manufacture anything. Rather, they often buy up patents and then bring lawsuits against businesses seeking to extract...
By: Jeffrey White

Welcome to the Fall 2014 Issue of Appellate News!

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In This Issue: - Appeals Begin At The Trial Stage, Not After - Robinson+Cole Wins At The Second Circuit - The Dangers Of Mootness Hiding In Plain Sight - Excerpt from Appeals Begin At The Trial Stage, Not After: Most members of the...
By: Jeffrey White

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

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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,...
By: Jeffrey White

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

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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...
By: Jeffrey White
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