Manufacturers

News & Analysis as of

Recent NJ Appellate Court Decision Indicative of Continuing Uncertainty Regarding Personal Jurisdiction Over Foreign Manufacturers...

The past few years have seen the United States Supreme Court issue a number of important decisions on the subject of personal jurisdiction. For example, the Court’s decisions in Daimler AG v. Bauman, 134 S. Ct. 746 (2014) and...more

Manufacturing and Infrastructure: Not Just About Economics – Our Own Security Depends on It

The call for dramatic improvements in America’s infrastructure as a critical driver in the reestablishment of the nation’s manufacturing supremacy is building momentum. But that’s only part of the story. Lost is the real...more

Outstanding Design Flaws in California’s Cap-and-Trade Program

On January 1, 2013, California embarked on a grand experiment with the launch of the world’s most complex cap-and-trade program. Under this program, companies operating in California, such as food processors, power producers...more

Apparel Designs and the “Metaphysics” of Copyright Protection

Metaphysics is usually thought to be the province of philosophers or theologians. A recent decision by a U.S. District Court in Tennessee, Varsity Brands, Inc. v. Star Athletica, LLC, 110 U.S.P.Q.2d 1150 (W.D. Tenn. 2014),...more

District Court Dismisses Securities Class Action for Failure to Show Causal Connection

The US District Court for the Southern District of New York recently dismissed a securities class action against a battery manufacturer, finding that the plaintiffs failed to plead a causal connection between the alleged...more

Illinois Courts Consistently Enforce Manufacturing Exemption Despite Department of Revenue Opposition

Illinois courts have issued three taxpayer-friendly manufacturing rulings in 2013 and 2014, underscoring the breadth of the exemption from use tax afforded to equipment and chemicals used in the process of manufacturing....more

Take Advantage of Washington’s High-Tech Incentives before It’s Too Late!

Two significant Washington research and development tax incentives are set to expire on January 1, 2015: the High Technology B&O Tax Credit for qualified R&D expenditures (“High-Tech Credit”) and the High Technology Sales and...more

CMS Publishes Open Payments Data Detailing Payments and Transfers of Value Provided by Life Sciences Manufacturers to Physicians...

On September 30, 2014, CMS published data regarding payments and transfers of value that pharmaceutical, biologic, and medical device manufacturers provided to U.S. physicians and teaching hospitals during the period August 1...more

"Turning Up the Heat" – Organizing Efforts in the South

It is no coincidence that the incredible resurgence of manufacturing in the Southeastern United States occurred in the absence of unionized facilities. Automotive, aerospace, and appliance manufacturers have flocked to the...more

Trade & Manufacturing - News of Note - October 2014

Department Of Energy Issues Final Approvals For LNG Exports To Non-FTA Countries From Two Terminals - On September 10, 2014, the U.S. Department of Energy (DOE) issued licenses to Cameron LNG and Carib LNG to export...more

Roadblocks To Bali Package Implementation Remain As Summer Deadline Passes Without A Clear Path Forward

The spirit of compromise and political will that yielded the first multilateral trade agreement under the World Trade Organization (WTO) has proven insufficient to see the so-called "Bali Package" through to formal adoption...more

A Different Kind of “Virus”: FDA Follows NIST Framework in Cybersecurity Guidance for Medical Devices

In past posts we’ve taken a close look at the Framework for Improving Critical Infrastructure Cybersecurity put forth by the National Institute of Standards and Technology (NIST), exploring its wide-ranging implications for...more

Opportunistic Acquisitions: Buying Assets Through Bankruptcy

Though often overlooked, bankruptcy sales can be a real boon to businesses looking for a great deal. Prospective purchasers must, of course, interface with the bankruptcy court, so these companies must understand the lay of...more

Suncup / Gregory Packaging Sued by EEOC for Disability Discrimination

Company Admits It Fired Employee Because of Physical Impairment, Federal Agency Charges - NEWNAN, Ga. - Gregory Packaging, Inc., a nationwide manufacturer and distributor of juice products to school districts and...more

Georgia PSC Issues Initial Decision in “Reconstruction in Substantial Kind” Case

On September 17, 2014, a hearing officer for the Georgia Public Service Commission (PSC) issued an initial decision in a “reconstruction in substantial kind” case under Georgia’s Territorial Act, O.C.G.A. § 46-3-1 et...more

Recent False Claims Act Decision Provides Important Guidance To Manufacturers And Resellers About Trade Agreements Act Compliance

The United States Court of Appeals for the District of Columbia Circuit recently upheld a District Court's dismissal of a False Claims Act (FCA) complaint against a federal government contractor in a case that will be of...more

Manufacturing Matters (UK) - Edition 11

Welcome to Manufacturing Matters, DLA Piper’s specialist publication providing a round-up of legal news, sector updates and commentary for clients and contacts engaged in the manufacturing sector. The UK Manufacturing...more

Export-Import Bank Is Reauthorized Through June 2015

Congress passed a short-term extension of the U.S. Export-Import Bank's (Ex-Im Bank's) charter last month, setting up a battle over the Bank's existence in the 114th Congress. The nine-month renewal plan was placed into a...more

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

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...more

New rules for Italian agents

A new Economic Collective Agreement which regulates the relationships between agents, sales representatives and principals of the industrial and cooperation sector, has been signed by the representative associations of the...more

It Is Finally Here-the Sun Shines on a New Era

The Centers for Medicare and Medicaid Services (CMS) publicly launched a database this week detailing the payments doctors and teaching hospitals have received from drug and medical device manufacturers. Under the Physician...more

Trade & Manufacturing - October 2014

In This Issue: - Export-Import Bank Is Reauthorized Through June 2015 - Roadblocks to Bali Package Implementation Remain As Summer Deadline Passes Without A Clear Path Forward - Customs Litigation: Federal...more

EEOC Lawsuit Challenges Flambeau Over Wellness Program

Threats of Insurance Cancellation and Discipline Make Program Involuntary and Violate Disabilities Act, Federal Agency Charges - MADISON, Wisc. - Flambeau, Inc., a Baraboo, Wis.-based plastics manufacturing company, is...more

Disregarded Entity May Select Different Accounting Method than its Owner

In a recent Chief Counsel Advice (“CCA”), the IRS determined that a disregarded entity for federal income tax purposes (the “LLC”) operated a separate and distinct trade or business from that of its owner (the “Company”) and...more

California’s Green Chemistry Initiative: “Work Plan” basics and the 7 product categories – 3 action steps

California is steadily implementing its landmark Green Chemistry Initiative, which increases regulation and oversight of consumer product chemical exposures in important ways. In a recently published Work Plan on the...more

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