Manufacturing

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Related Practices

In manufacturing legal issues arise during each phase of the process, from design, process and production to distribution, integration and collection.  We serve clients in transactional matters, handle day-to-day employment and labor needs, provide counsel to prevent unwanted litigation and defend clients when problems inevitably arise. These problems vary in size, scope and subject matter. Our attorneys counsel manufacturers in every area of our practice, including, advising on employee and labor relation matters, worker-related immigration, business transactions, real estate, intellectual property, creditor rights, product liability and related general advice and counsel.

Our clients manufacture everything from printing paper, to snacks, to industrial machinery. Our knowledge and experience in multiple practice areas enable us to handle the various issues that arise in each industry. We serve both large multinational companies and local enterprises with the goal of contributing to the long-term value and strategic growth of each business.

Our legal knowledge is underscored with our understanding of the manufacturing industry. We are involved with various trade associations that include members from all types of manufacturing services. In addition to counseling manufacturers, our attorneys frequently provide educational opportunities and presentations to manufacturing groups to help them stay on top of all legal updates and compliance issues.

CORPORATE

  • Mergers and acquisitions
  • Commercial contracts and disputes
  • Freight and logistics
  • Real estate leasing and transactions
  • Business ownership agreements and disputes
  • Outside general counsel services
  • Company and securities law
  • Borrowing and lending transactions
  • Private equity and venture capital investment
  • Joint ventures, strategic alliances and outsourcing transactions
  • Investment bank relationships

Labor & Employment

  • Hiring/Firing
  • Union Contracts/Collective Bargaining Issues
  • Supervisor Training
  • Immigration Compliance/ICE Audits
  • Discrimination/Harassment
  • Wage/Hour
  • OSHA
  • Unfair Competition

INTELLECTUAL Property 

  • Licensing of IP rights and trademark
  • Registration (logo, trademark, label and merchandise art)
  • Patent, trademark, copyright and trade secret infringement
  • Advise on domain dispute resolution
  • Patents for equipment or software innovation
  • Copyright advice on advertising content, works made for hire agreements, domestic or international

Litigation

  • Contract disputes
  • Commercial Supplier and Distributor Disputes
  • Premises Liability
  • Product Liability
  • Unfair Competition

Experience

Labor & Employment

  • Successfully represented concrete manufacturer against laborers' organizing petition of the company's "working foremen" upon demonstrating at the NLRB that the workers at issue met "supervisory" status under the NLRA; and, therefore, are exempt from being represented by a union
  • Successfully defended an aluminum manufacturing and processing company in the largest OSHA case issued in 2017, with OSHA fines totaling nearly $2,000,000

Business & Transactions

  • Represented seller in $30 million sale of manufacturing facility
  • Represented the majority shareholders of an integrated steel processing and framing products business in a change-in-control transaction, including a tax-free contribution of assets in exchange for rollover equity and sale of personal goodwill, valued at approximately $19 million
  • Represented a nationally known aerospace manufacturer in connection with multiple venture capital investments
  • Served as outside general corporate counsel for a U.S. subsidiary of a publicly held Chinese manufacturer of electrical equipment
  • Represented a large Japanese tool and die manufacturer in an internal reorganization of certain U.S. business units
  • Assisted in the sale of one of the world's largest manufacturers of printing press equipment
  • Represented a leading provider of global supply chain managed solutions for point of purchase (POP) displays in acquisition of a regional point of purchase display manufacturer
  • Served as lead M&A representation for a large Japanese manufacturing client who acquired a public manufacturer of automated, factory safety products for more than $100 million in aggregate consideration

Intellectual Property

  • Manages the intellectual property portfolio for a manufacturer of commercial washroom hardware and sanitary technologies
  • Managed the domestic and international patent portfolio of a national scaffolding manufacturer
  • Represented industrial products manufacturer in litigation to protect patent rights, generating a stream of royalty income for the manufacturer through resulting license agreements with multiple infringers
  • Successfully represented manufacturers sued in federal court for patent and trademark infringement, settling the case for nuisance value

Business Litigation

  • Represented manufacturer of baby equipment in multi-million dollar dispute with distributor
  • Successfully represented an aircraft kit manufacturer in a wrongful death/product liability trial after the fatal crash of a home-built kit featuring the client’s engine, when the NTSB found the error lay with the pilot/kit builder and not with the product
  • Obtained complete dismissal for industrial manufacturing client and key employee in federal court lawsuit for fraud and negligent misrepresentation claims by successfully arguing that Missouri's economic loss doctrine barred the plaintiff's claims after the plaintiff sought more than $2,000,000 in damages and recovered nothing
  • Obtained summary judgment on breach of contract and unjust enrichment claims for a manufacturer of aerosol products resulting in an award to the client in excess of $500,000
  • Defense of large home and beauty product manufacturer against breach of implied indemnity and implied warranty claims arising out of a sale of a defective product

Products Liability

  • Successfully represented a mobile home manufacturer in a product liability claim
  • Successfully defended wood floor stain and finish manufacturer against product liability claims filed by flooring company workers
  • Won summary judgment in a wrongful death case for a window manufacturer after a minor fell out of a window
  • On behalf of a leading auto manufacturer, obtained dismissal of majority of product liability claims pending in St. Clair County, Illinois on forum non conveniens and venue grounds
  • Successfully defended international manufacturer of electronic components alleged to have caused claimant’s asbestos-related cancer
  • Designed settlement of hundreds of black lung disease claims against global safety products manufacturer and successfully defended challenges to settlement in trial and appellate courts

Publications

Presentations & Events