Category Archives: Government & Public Affairs

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DOC Solicits Industry Feedback for Regulatory Reform Plan

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Spurring growth in domestic manufacturing through regulatory reform is a key objective of the Trump Administration.  The Department of Commerce is tasked with developing the Regulatory Reform Plan.  In order to achieve meaningful regulatory reform, the Department is reaching out to manufacturers for real-world information on regulatory burdens.  On March 7, 2017, the Department of Commerce … Continue reading this entry

Supreme Court Complicates Design Patent Damage Calculation

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The Supreme Court issued a rare unanimous decision, on December 6, 2016, on the issue of damages for design patent infringement that continues the Apple v. Samsung smartphone legal odyssey. It also marks only the second time in over 100 years that the court has issued a substantive decision in a design patent case. But … Continue reading this entry

NAFTA Under the New Trump Administration

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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

Forecasting the Trump Administration's First 100 Days

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With the 2016 election in the rearview mirror, manufacturers must be mindful of the early initiatives you can expect from Congress and the new administration. With a return to one-party rule, the coming congressional term is likely to be among the most active in recent memory. President-elect Trump’s appointment of Republican National Committee Chairman Reince … 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

Drone Regulations: Federal vs. State

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In early 2016 a group of well-meaning Wisconsin legislators introduced legislation designed to allow local municipalities to regulate the use of drones in their given communities and to create a penalty enhancer for crimes committed when using a drone. Our Wisconsin Public Affairs team was hired by the Consumer Technology Association (CTA) to engage with … Continue reading this entry

Attention Taxpayers: New IRS Rules May Deem Debt to Be Stock

Regulations
In April, the IRS proposed rules that would treat debt between related corporations as stock for U.S. tax purposes. These rules would apply to all corporations (including regular C corporations, S corporations, foreign corporations, and exempt organizations) related through 80% stock ownership, taking into account constructive ownership rules, except that members of a U.S. consolidated … Continue reading this entry

Potential Antitrust Implications of Most Favored Nation Clauses

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In the manufacturing industry, parties have turned to most favored nation (MFN) clauses—or clauses having the same effect—as a means to assure the lowest possible input costs. MFN clauses offer pro-competitive, cost-saving benefits including efficiencies in negotiations; buyers need not haggle for the last nickel in cost reduction when an MFN clause guarantees the best … Continue reading this entry

Deadline Approaching for Prop 65 Compliance for Bisphenol A

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Effective May 11, 2016, manufacturers that make products containing Bisphenol A (“BPA”) will be required to comply with California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as “Prop 65.” More specifically, manufacturers, distributors, and retailers of such products must ensure that by no later than May 11, 2016, consumers are provided … Continue reading this entry

U.S. Supreme Court Unexpectedly Stays Clean Power Plan

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In a virtually unprecedented move, the Supreme Court yesterday issued an order staying the Clean Power Plan, the cornerstone of President Obama’s environmental agenda and the most significant step the country has ever taken to address climate change.… Continue reading this entry

Leaders Discuss Issues Facing Florida Manufacturers

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As part of its ongoing 2016 State of Manufacturing Tour, the National Association of Manufacturers (“NAM”), including CEO Jay Timmons and others, stopped in Tampa, Florida on January 28 and 29, 2016. The visit included tours of local manufacturers’ facilities, such as Bristol-Myers Squibb and Sun Hydraulics. In addition to interfacing with local manufacturers, NAM … Continue reading this entry

China's “RoHS 2” Regulation: What Manufacturers Must Know

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After years of deliberation and industry anticipation, China’s Ministry of Industry and Information Technology (“MIIT”) promulgated the “RoHS 2” regulation on January 21, 2016, with the formal (translated) title “Management Methods for the Restriction of the Use of Hazardous Substances in Electrical and Electronic Products.” See our English reference translation of RoHS 2 here.… Continue reading this entry

Top Compliance Issues Facing Manufacturers in 2016

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In the last several years, the U.S. has been aggressively enforcing laws governing exports and international conduct. This is amply illustrated by the continuing imposition of large penalties on multinational companies for violations of U.S. economic sanctions and export control laws. To stay ahead of the threats, manufacturers can better manage their risk and mitigate … Continue reading this entry

Happy Thanksgiving from the Manufacturing Industry Advisor Team

During this week of Thanksgiving, the Manufacturing Industry Advisor team wishes to thank all of you for reading, contributing to, and sharing our blog. Since this is a busy time of year for everyone, some of you might have missed a post or two over the last few weeks. For your convenience, linked below are some of our most recent and popular posts. … Continue reading this entry

Addressing Climate Change in SEC Filings and Other Public Disclosures: What These Disclosures Mean for Businesses

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Regulatory agencies are focusing on required climate change-related disclosures in securities filings and other public disclosures, seeking to ensure not only that such disclosures are made, but also that they are supported by adequate evidence, consistent with other public statements, and sufficiently specific with respect to the disclosing entity’s business. Companies making such disclosures should … Continue reading this entry

White House Announces Long-Awaited Trans-Pacific Partnership Agreement

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The Obama administration released the full text of the Trans-Pacific Partnership (TPP) agreement, on November 5, kicking off a 90-day window for congressional review. The TPP would arguably be the largest free trade agreement in history when considering the economies of the 12 Pacific Rim member countries, covering approximately 40% of the global economy. The … Continue reading this entry

Common FCPA Issues

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As our previous posts illustrate, violations of the Foreign Corrupt Practices Act (“FCPA”) can carry a hefty cost. Two issues are commonly the impetus for FCPA violations and, practically speaking, pose significant FCPA compliance challenges. Manufacturers which conduct international business should be particularly sensitive to (1) providing gifts, meals, and entertainment to potential and existing customers, … Continue reading this entry

Are You Providing Your Warranty Correctly? Congress Just Passed a Law!

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Believe it or not, Congress passed a law. That law impacts how you, Manufacturing Industry Company, are providing your warranties (hopefully, limited warranties with limited remedies – but that is a topic for another post). The E-Warranty Act of 2015 now permits disclosure of consumer warranty terms via the “manufacturer’s” website. That is right Manufacturing … Continue reading this entry

Pacific Rim Countries Reach Historic Agreement on the Trans-Pacific Partnership, But Will Congress Approve It?

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Trade ministers from 12 Pacific Rim countries announced, on October 5, 2015, that they had reached an agreement in principle on the Trans-Pacific Partnership (TPP). The TPP would arguably be the largest free trade agreement in history when considering the member economies, covering approximately 40% of the global economy. The deal, reached in Atlanta, GA, … Continue reading this entry

Key Takeaways From the Associated Industries of Florida Water Forum

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Last week I was honored to serve as lead moderator at the 2015 Associated Industries of Florida (AIF) Water Forum held in Orlando, Florida. As moderator, I led dynamic conversations on a wide range of water-related issues, including water supply, water quality, and implementation of Florida’s Amendment 1. The Forum featured Commissioner of the Department … Continue reading this entry

Looking Back and Looking Forward on Manufacturing Day

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Happy Manufacturing Day! On the first Friday of October, we celebrate advances in modern manufacturing while inspiring future generations of manufacturers. Click here to find an MFG event near you.… Continue reading this entry

Lessons That Manufacturers Can Learn From Automotive Recall Issues

Public-Private Manufacturing Innovation Institutes Announced
By now, anyone not living under a rock for the last 18 months is no doubt aware of the high-profile recalls that have been roiling the automotive industry. Although the long-running GM ignition switch recall may be the most well-known example, the automotive industry in general is recalling vehicles at rates much higher than in … Continue reading this entry

The High Cost of an FCPA Violation

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Violations of the Foreign Corrupt Practices Act (“FCPA”) can lead to hefty penalties. Indeed, individuals who violate the FCPA, and their employers, could be on the hook for a variety of penalties described below. Companies need to be aware of these potential consequences in order to appropriately perform risk-based analyses and determine what level of … Continue reading this entry

Will China’s Currency Devaluation Complicate the Trans-Pacific Partnership?

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As trade ministers from 12 Pacific Rim countries continue to negotiate the Trans-Pacific Partnership (TPP) deal, China’s recent currency devaluation has sparked a debate over the inclusion of currency manipulation controls in global trade agreements. China is not currently part of the TPP, however, the agreement includes a mechanism for allowing other countries, including China, … Continue reading this entry