The changing face of the manufacturing industry in the U.S. poses new financial, operational and regulatory challenges to manufacturers. Manufacturers are constantly navigating ebbs and flows in the economy, domestic and overseas competition, environmental and employment issues and complex tax matters involving multiple governing bodies. Intellectual property issues also pose a challenge to manufacturers who need to vigilantly monitor and protect their patents and trademarks, and if necessary, defend products through litigation.
Our Manufacturing and Distribution Group is a multidisciplinary group that advises manufacturing clients on development, production and distribution of their products. We also defend our clients’ products and trade secrets and enforce restrictive covenants to prevent harm to company assets. We understand the unique risks and challenges to this industry, and we provide strategic counsel to support, enhance and advance our clients’ business objectives.
Our group assists clients with matters such as business formation, capital-raising efforts, manufacturing and supply agreements, financing, restructuring, mergers and acquisitions and real estate transactions. We help manufacturing clients with compliance issues involving government and regulatory affairs, labor and employment issues, trade secret protection and environmental matters. Our group also helps clients draft distribution agreements and advises them on issues involving warranties, sales contracts, pricing and antitrust compliance.
Our litigators have handled cases involving complex commercial business disputes, contract disputes, regulatory investigations, product liability claims and class action lawsuits. We have represented clients before state and federal courts, federal agencies such as the U.S. International Trade Commission and Department of Commerce and multinational bodies in matters involving international agreements such as the North American Free Trade Agreement.
Customs and International Trade
Our customs and international trade practice has an emphasis on global trade compliance and supply chain management, import and export compliance, trade remedies and trade litigation. We have counseled clients across a broad range of products and industries, including in the consumer products, retail, aerospace and automotive, electronics, heavy machinery, metals, chemicals, pharmaceuticals, health care, food and agriculture and textiles industries. We have also counseled foreign clients on establishing preventive monitoring programs designed to avoid or minimize the impact of antidumping investigations. Our clients are geographically dispersed throughout the United States, East Asia, Canada, Europe, India, South America and Mexico.
Our lawyers counsel industrial manufacturers, developers and lenders, on contract matters, risk, compliance and the economic impact of federal and state environmental regulations. We assist with issues related to permitting for large manufacturing facilities, the siting of environmental/energy projects, internal management and audit initiatives, as well as issues that arise from day-to-day operations. Our group has also worked with clients on compliance matters related to waste handling and disposal, air and water pollution issues, storm water permitting and other issues involving storage tanks, wetlands, asbestos, radon and lead-based paint.
Labor and Employment
We have worked with both unionized and non-unionized employers to address a wide range of labor and employment matters, including employee restrictive covenants, collective bargaining and employee benefits. We also counsel clients on issues involving state and federal fair pay act laws, corporate restructuring, reductions in force and Worker Adjustment and Retraining Notification (WARN ) Act, OSHA and OFCCP matters. Our lawyers have extensive experience representing employers in individual and employment class action litigation claims brought under state and federal rules.
Our litigators have represented manufacturing clients in a wide variety of areas, including product liability, class actions, intellectual property, employment law, construction, contracts and other matters in U.S. courts and before multinational bodies.
Pharmaceuticals and Product Liability
Our lawyers are at the forefront of innovation in the management of national pharmaceutical litigation, toxic tort and chemical litigation and general products litigation. We have represented manufacturers of various consumer, industrial, agricultural and construction products in multiple jurisdictions nationwide, including pharmaceutical and medical device manufacturers. Our experience includes litigation involving high tech products, playground equipment, food additives, over-the-counter medication, prescription medication, elevators and escalators, military explosives and agricultural products liability. We have defended clients in toxic tort cases involving products containing asbestos, solvents and dyes, lead paint, silica, pesticides, industrial waste products and chemicals. We have also represented manufacturers with products such as computer-guided firearm devices, environmentally-friendly cleaning products, organic infant toy products, tool blades and abrasive products, electric arc detection equipment and homeopathic cold remedy. In the machinery area, we have represented a variety of U.S. and foreign manufacturers of a variety of products, including food processors, automobiles, industrial jacks, electrical and large manufacturing equipment.
We work with developers and property owners in every phase of land development and redevelopment to secure permits and approvals and to negotiate various agreements with governmental agencies. We have significant experience representing clients in proceedings at all levels of government for flex and warehouse buildings, industrial parks and other real estate projects. Our group also counsels clients on environmental remediation. In situations where permits and approvals are denied, we have the litigation skills required to prosecute appeals both administratively and through the courts. Our lawyers in New Jersey also frequently represent clients in the state on commercial tax appeals on industrial buildings and warehouses.