Category Archives: Business

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Mitigating the Risks Involved With Ending a Business Relationship

agreement
All good things must come to an end.  So it is in life, and so it is in business.  Eventually all business relationships, including manufacturing relationships, will come to an end. Some relationships end with nary more than a whimper, as both parties are content to move on and deploy their resources elsewhere.  More often, … Continue reading this entry

Tax Act Sweetens the Pot for Corporate Divestitures

The Tax Cuts and Jobs Act of 2017 contains some of the most significant changes in tax laws in more than a generation.  While the full implications of the Tax Act are still coming into focus, the magnitude of these changes should cause us to reevaluate past decisions in light of changed circumstances.  Current tax … Continue reading this entry

Consequential Damage Disclaimers in Supply Agreements

agreement
What is a consequential damage? This is the million (sometimes multimillion) dollar question.  According to Black’s Law Dictionary, consequential damages are “losses that do not flow directly and immediately from an injurious act but that result indirectly from the act.”[1]… Continue reading this entry

Service Contracts and Extended Warranties: Building Customer Loyalty and Profits

warranties
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 have an advantage in the markets of the future.  One way manufacturers have long signaled their quality is through providing product warranties … Continue reading this entry

Important Considerations in Selecting the Right Mediator

mediation
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.  Selecting the right mediator may well mean the difference between a great settlement or facing continued, expensive litigation.… Continue reading this entry

Sales Commission Agreements Can Limit Potential Liability

agreement
A manufacturing company’s sales employee successfully convinces a new customer to purchase a commercial cooler. Under the employee’s sales commission plan, she receives a commission of 2% of the price of the cooler and any repair parts purchased.  The employee also receives a 2% commission on the annual service plan the customer purchases to maintain … Continue reading this entry

Automotive Supplier Industry Experts Convene in Detroit and Share 2018 Outlook

The Original Equipment Suppliers Association (OESA) held its 19th Annual Conference this week in suburban Detroit under the theme:  “The Industry’s New Landscape.”  And while much of the day was devoted to autonomous vehicle developments and the potential negative impacts on the industry’s North American competitiveness that would result from substantial changes to NAFTA, the … Continue reading this entry

Ready to Release a New Pharmaceutical? What to Think About When Selecting Your Drug Name

Pharmaceuticals
Pharmaceutical name clearance in the United States can be complicated.   This post aims to provide insight into the regulatory safety review process and the trademark registration process for candidate drug names.  This information will allow drug manufacturers to make more informed decisions during the pharmaceutical name selection process so that they can arrive at a … Continue reading this entry

Self-Driving Cars Spurred by Convergence of Traditional Manufacturers and Tech Companies, Foley Survey Finds

self-driving cars
The race to self-driving cars has created new challenges and opportunities for companies, particularly automotive original equipment manufacturers that are facing competition from non-traditional sources in the technology industry.… Continue reading this entry

When to Mediate and Why

mediate
If a company or person becomes involved in litigation, the parties eventually will either agree to, or be ordered to, participate in mediation. Mediation deserves deliberate and thorough consideration to make the most of an opportunity to resolve the dispute favorably and efficiently.  Here, we kick off a Manufacturing Industry Advisor series that examines what … Continue reading this entry

Is Outdated Information on Your Website Putting Your Company At Risk?

Cybersecurity
With all of the attention given to upgrading cybersecurity, it can be easy to forget that outdated content on a company’s website also can be a source of risk. Nearly all company websites include information regarding the company and its products. These are representations that the company is making to the world and, in some … Continue reading this entry

#FTCcrackdown: What Brands Need to Know about Using Influencers to Advertise their Products

influencers
Social media influencers have become one of the most effective channels for companies to reach and engage with their target market online. So far in 2017, marketers have spent over $1 billion to have influencers post Instagram photos marketing their products. Last year, marketers spent $576 million. Because of the increased popularity with this new … Continue reading this entry

Michigan Adopts New Incentive Tool for Economic Development

Michigan
A new tax incentive program targeting large job providers passed the Michigan legislature last week with bi-partisan support, and is expected to be signed soon by Governor Rick Snyder, who strongly supported the legislation.  The “Good Jobs for Michigan” program will bolster Michigan’s economic development toolkit, allowing it to better compete with other states for … Continue reading this entry

“Individualized Proof of Harm” Required in Robinson-Patman Secondary-Line Claim Prevents Class Certification

On April 7, 2017, the Northern District of California denied class certification to two proposed classes of wholesalers in ABC Distributing, Inc. v. Living Essentials LLC, Case No. 15-cv-02064 NC (N.D. Cal.), a secondary-line Robinson-Patman price discrimination case. Small wholesalers alleged that Living Essentials LLC (Living Essentials), maker of 5-Hour ENERGY® drinks, was giving preferential … Continue reading this entry

Don’t Be Inconspicuous: Disclaiming the Implied Warranty of Merchantability

Some of the most important terms in any contract for the sale of goods are the warranties that apply to the goods.  In addition to any express warranties made by the seller, the law implies certain warranties in some contracts unless the seller expressly disclaims them, which may be trickier than expected.  One such warranty—the … Continue reading this entry

Sustainability Reporting Trends in the New Year – ’16 going on ‘17

If you’re feeling uncertain or confused about the future of sustainability reporting in the United States, you’re not alone. With the business world’s adoption of sustainability reports moving full steam ahead—and increasing hunger for such information and transparency from global consumers and investors—the new Trump administration is going in a completely different direction. This blog … Continue reading this entry

NAFTA Under the New Trump Administration

The election of Mr. Trump as the President of the United States has created considerable uncertainty regarding the U.S. investment climate. Chief among these uncertainties is the status of the North American Free Trade Agreement (NAFTA), which President-Elect Trump repeatedly attacked for leading to the loss of U.S. manufacturing jobs. President-Elect Trump has vowed to renegotiate the … Continue reading this entry

Fashion Branding: What's in a Name?

The fashion industry, more so than almost any other industry, is driven by individuals — individuals who capture the essence of a desired persona with their unique clothing and accessory designs. Individuals whose very names evoke images of glamour and style. Individuals whose names have become famous international corporate brands. Burberry, Chanel, Gucci, Prada, Versace. … Continue reading this entry

Delaware Bankruptcy Court Upholds Reclamation Creditors’ Rights

Vendors – take note! The Delaware bankruptcy court In re Reichhold Holdings US Inc. recently issued an important ruling for vendors asserting reclamation rights. Under section 546(c) of the Bankruptcy Code, a vendor may reclaim goods sold on credit to an insolvent debtor that has filed bankruptcy. Reichhold addressed an issue plaguing reclamation claimants:  does … Continue reading this entry

Update: Antitrust-Intellectual Property Licensing Guidelines

The Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) announced, on August 12, 2016, they are seeking public comments on the first update to the Antitrust Guidelines for the Licensing of Intellectual Property issued in 1995. The majority of the Proposed Guidelines update relevant authorities to reflect developments in … Continue reading this entry

Enjoy Your Labor Day!

The Manufacturing Industry Advisor team wishes you a safe and happy holiday weekend. We’ll be back to our regular posting soon. Thanks for your continued support of our blog!  … Continue reading this entry

The Brexit and Patent Law: What You Need to Know

Now that some time has passed since the Brexit vote, some of the ways in which the vote is likely to impact British patent law are becoming clearer. Here is a quick summary of some of the primary concerns. The UK Patents Act of 1977 The Brexit will not have direct impact the UK Patents … Continue reading this entry