News & Analysis as of

Manufacturers

Unitary but toothless? – Limitations to jurisdiction over online EUTM infringements

by Hogan Lovells on

German Federal Court of Justice rules on the scope of jurisdiction of national courts - In an online context, IP infringement frequently occurs simultaneously in more than one country and so the flexibility to take action...more

California Superior Court Refuses to Allow Discovery in Aid of “Litigation Tourism” in Consolidated Xarelto Litigation

by Reed Smith on

...In In re Xarelto Cases, 2018 WL 809633 (Cal. Super. Feb, 6, 2018), the plaintiffs sued several manufacturers and a distributor, claiming various injuries and alleging the usual litany of causes of action. Appearing...more

Wrap-Up of Federal and State Chemical Regulatory Developments, February 2018

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/TRI - Recording Available From “Chemical Regulation In 2018: A Sneak Preview Of Things To Come” Webinar: A recording is now available of “Chemical Regulation in 2018: A Sneak Preview of Things to Come,” the...more

Service Contracts and Extended Warranties: Building Customer Loyalty and Profits

by Foley & Lardner LLP on

Purchasers of consumer goods are more discerning than ever before, and thanks to the internet, have access to more choices and more information every day. Manufacturers that are perceived as producing high-quality products...more

The Cleaning Product Right to Know Act of 2017: California’s newest warning requirements

by Thompson Coburn LLP on

In the fall of last year, California Governor Jerry Brown signed the Cleaning Product Right to Know Act of 2017 (the "CPRTKA"), adding provisions to the California Health and Safety Code commencing at § 108950 related to...more

Government Initiatives in Response to Wave of Harassment Allegations Challenges Manufacturers

Two recent developments, generated from the tidal forces of the #MeToo movement should get manufacturers’ attention. On December 22, 2017, Congress adopted a comprehensive tax reform law. Included in the statute is an...more

Environmental Notes - March 2018

by Williams Mullen on

Since 1995, EPA has followed a policy that any air emissions source that emits one or more hazardous air pollutants (“HAPs”) above major source emissions thresholds is always considered a major source of HAPs. This is so even...more

Upcoming EPCRA Tier II Reports Must Use New Hazard Classifications

by Williams Mullen on

Manufacturers and large scale users of hazardous chemicals know the significance of March 1st. The Emergency Planning and Community Right-To-Know Act (EPCRA) requires facilities where hazardous chemicals were present above...more

From 2020, Russia will introduce a compulsory system for tracking pharmaceuticals from manufacturer to end user

by Dentons on

On December 29, 2017, the RF President signed Federal Law No. 425-FZ of December 28, 2017 On Amendments to the Federal Law On the Circulation of Pharmaceuticals ("Law 425-FZ"). Under Law 425-FZ, in order to ensure effective...more

Weekly Roundup - February 10.

by Fisher Phillips on

If you are involved in safety or risk management, especially in construction, you recognize that struck-by accidents are almost always among the top three causes of employee deaths. What you may not appreciate is that most...more

White House Unveils Proposal on Drug Pricing

by Holland & Knight LLP on

On Feb. 9, 2018, the Trump Administration released a 30-page report analyzing domestic and global factors influencing drug pricing. The report by the Council of Economic Advisers (CEA) is expected to inform the HHS' Fiscal...more

CFIUS and China: Separating Fact from Fiction

No, the Committee on Foreign Investment in the United States has not put a halt to acquisitions of U.S. companies by China-based purchasers. ??????????????????????????????????? Three recently cleared transactions...more

Hexavalent Chromium/OSHA Enforcement: Kansas Aircraft Manufacturer Alleged Violations

The Occupational Safety and Health Administration (“OSHA”) has cited Spirit Aerosystems, Inc. (“SAI”) for alleged violations involving hexavalent chromium....more

Manufacturer’s Alert: Focus of California Regulations for Next Three Years

by Alston & Bird on

Product manufacturers of the following product categories will be the focus of DTSC’s safer consumer product regulations for the next three years: - Beauty, Personal Care, and Hygiene Products - Cleaning Products -...more

Administrator Pruitt Signs TSCA User Fee Proposal

by Bergeson & Campbell, P.C. on

On February 8, 2018, the U.S. Environmental Protection Agency (EPA) announced that EPA Administrator Scott Pruitt signed a proposed rule regarding user fees for the administration of the Toxic Substances Control Act (TSCA)....more

Important Considerations in Selecting the Right Mediator

by Foley & Lardner LLP on

One of the fundamental components of a mediation is, of course, the mediator. Continuing the Manufacturing Industry Advisor’s series on mediation, we discuss how to select the right mediator for resolution of your dispute....more

FTC Keeps Its Hat On Over ‘Made in USA’ Claims

Tipping its hat to the Enforcement Policy Statement on U.S. Origin Claims, the Federal Trade Commission (FTC) filed suit against Bollman Hat Co. and a subsidiary for deceiving consumers with “Made in USA” claims for its hats...more

2017 Year in Review: State Laws Target Pharma Manufacturers

by King & Spalding on

States Sharpen Their Focus on Prescription Drug Costs and Industry Relationships with Health Care Providers - In the past year, we have seen a nearly unprecedented focus by state legislatures on prescription drug...more

Guest Post – The Federal Judicial Center’s Mandatory Initial Discovery Pilot Project Complicates Litigation In Adopting Districts

by Reed Smith on

Today’s guest post is by Reed Smith‘s Lisa Baird, who has written about her recent experience with mandatory initial discovery, as practiced in a “Pilot Project” in place in certain federal district courts. It was...more

New York is Proposing Changes to its Alcohol Licensing Rules

by Hodgson Russ LLP on

As part of the Governor’s Budget Proposal, several changes are proposed for Alcohol Producers and sellers....more

Trademark Law Offers Scant Protection When Bad Things “Happen” to Good Marks

There was a lot of discussion recently about the episode of NBC’s This Is Us, which implicated a faulty switch on a Crockpot® in the death of the family’s beloved patriarch, Jack Pearson. The manufacturers opened a Twitter...more

ALJ Rules that Products Manufactured After the Date of Complaint Not Relevant to Domestic Industry Analysis

by Jones Day on

In a recent Order, Judge Lord denied Complainant Macronix’s motion for summary determination that the economic prong of the domestic industry requirement has been met. Certain Non-Volatile Memory Devices and Products...more

NIOSH Final Research Agenda for Manufacturing Addresses Nanomaterials

The National Institute for Occupational Safety and Health (NIOSH) published a Federal Register notice on January 31, 2018, announcing the availability of the final National Occupational Research Agenda for Manufacturing. ...more

Tried and trusted: US M&A in 2017: Industrials and chemicals M&A moves into the digital age

by White & Case LLP on

While market uncertainty surrounding tax reforms and NAFTA negotiations caused sector deal value to take a hit in 2017, technological convergence continues to generate a healthy level of deals....more

Ninth Circuit Holds That Loss Causation Can Be Established Without Demonstrating That The Alleged Fraud Was Revealed To The Market...

by Shearman & Sterling LLP on

On January 31, 2018, the United States Court of Appeals for the Ninth Circuit affirmed in a per curiam decision a district court decision denying in part defendants’ motion for summary judgment on claims brought under...more

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