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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

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

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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 payment in this global resolution makes it the largest such...
By: Jeffrey White

Trap for the Unwary: How A Manufacturer Can Assure Itself That New York Law Will Apply To Its Contracts

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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...
By: Jeffrey White

2018 Corporation Compliance & Litigation Outlook for Manufacturers

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Last week, Megan provided our thoughts and predictions for environmental, health & safety. This week, I am providing our outlook for corporate compliance and litigation....
By: Jeffrey White

Manufacturing Outlook: The Exclusion Process for The Steel/Aluminum Tariffs

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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....
By: Jeffrey White

California Transparency in Supply Chains Act: What Manufacturers Need To Know

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In 2010, California enacted the California Transparency in Supply Chains Act (the “Act”). The goal of the Act is to curtail human trafficking and slavery by requiring certain manufacturers and retailers doing business in California to disclose...
By: Jeffrey White

Manufacturing Law Best Practices for Contracting With Machine Shops

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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....
By: Jeffrey White

WARNING: New California Prop 65 Regulations Coming Next Month

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California Proposition 65 is often viewed as a significant thorn in the side of manufacturers. As previewed in our 2018 Corporate Compliance & Litigation Outlook, significant changes to California Prop 65 will be effective as of August 30, 2018....
By: Jeffrey White

The End of Conflict Minerals?

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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...
By: Jeffrey White

Doing Business in China: Risks for Manufacturers

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No American or European or Australian company (or any other non-Chinese company) can own a Chinese factory directly. It is possible the American or European or Australian company that claims to own a Chinese factory owns a Chinese company (a WFOE...
By: Jeffrey White

2019 Corporate Compliance & Litigation Outlook for Manufacturers

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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...
By: Jeffrey White

Connecticut Company Reaches Settlement With OFAC Regarding Alleged Iran Sanctions Violations

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On February 21, 2019, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) entered into a settlement with Connecticut-based ZAG IP, LLC (ZAG) (formerly known as ZAG International, LLC) arising from alleged violations of U.S....
By: Jeffrey White

Are the Metal Tariffs Helping or Hurting U.S. Manufacturers?

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Earlier this year, we posted our 2019 Corporate Compliance & Litigation Outlook. In the post, we said the following with respect to tariffs......
By: Jeffrey White

Preparing for an Economic Downturn: How Manufacturers Can Prepare

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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....
By: Jeffrey White

Advice for Foreign Manufacturers Looking To Grow In The United States

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Over the past few months I have had the pleasure to participate in several significant manufacturing events, including events at The White House, the Department of Commerce, and most recently, at the first International Space Trade Summit. ...
By: Jeffrey White
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