Category Archives: Government & Public Affairs

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Top Compliance Issues Facing Manufacturers in 2016

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

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

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

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!

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?

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

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

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

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?

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

Creative Cooperation: Public-Private-Partnerships

Some people trust private industry and the free market to solve economic challenges and develop economic opportunities, while others prefer allowing government initiatives to address such issues. The space between these two poles may hold the answer to tackling seemingly insurmountable challenges. Collaborative efforts between the private sector and government bodies, commonly referred to as … Continue reading this entry

Energy Efficiency Through Innovative Financing

Do your energy costs keep you up at night? Do aging systems keep your utility spend high while other needs draw scarce capital resources? You are not alone. Major HVAC, lighting and other upgrades can be capital intensive with a long payback that does not justify making them a short-term priority in the near term. … Continue reading this entry

Trans-Pacific Partnership Negotiations Face Tighter Timeline as Talks Continue

Trade ministers announced that they will continue negotiations over several unresolved provisions of the Trans-Pacific Partnership (TPP) during a four-day meeting in Maui, Hawaii that concluded July 31. Trade ministers representing the 12 Pacific Rim countries included in the free trade deal remain optimistic about negotiations and said in a joint statement that they are … Continue reading this entry

We’re All About Sharing Cyber Information: The National Cybersecurity and Communications Integration Center

Amidst the maelstrom of unceasing cyber attacks and intrusions, the National Cybersecurity and Communications Integration Center (NCCIC or Center) assumes a front-and-center role as the government command and communication center. As a part of the Department of Homeland Security (the Department), the NCCIC is charged with sharing information about cybersecurity intrusions, incidents, risks, and analysis … Continue reading this entry

Ex-Im Bank Is Closed for Business – At Least for Now

The U.S. Export-Import (Ex-Im) Bank closed its doors on Tuesday following a lapse in Congressional authority. The 81-year-old agency provided financing for both American companies that export goods and their foreign customers, helping to secure American exporters’ access to emerging markets. But following a push by conservative Republicans who claimed the Ex-Im Bank was a … Continue reading this entry

Needed Now: Experienced and Talented Cybersecurity Professionals to Protect Government Data Systems

The announcement on June 4th of a massive cybersecurity attack that compromised data stored on Office of Personnel Management (OPM) systems for 4.2 million current and former federal employees is the most recent head-smacking report of how porous the government’s cyber defense systems apparently are. It is also another searing reminder of how vulnerable United … Continue reading this entry

Congress Sends Fast-Track Trade Authority Bill to the President, Invigorating Trans-Pacific Partnership Negotiations

After several weeks of legislative wrangling, congressional leaders will send a bill to President Obama this week to give him fast-track authority to negotiate a trade deal that will potentially govern 40 percent of U.S. imports and exports. The Trade Act of 2015 [also referred to as “Trade Promotion Authority” (TPA) or “fast-track trade authority”], … Continue reading this entry

Congress Still Debating Fast Track Trade Authority for Trans-Pacific Partnership Negotiations

Congressional leaders are working to find a way to pass legislation that would give President Obama fast-track authority to negotiate a trade deal that will potentially govern 40 percent of U.S. imports and exports. The Trade Act of 2015 [also referred to as “Trade Promotion Authority” (TPA) or “fast-track trade authority”], would allow the President … Continue reading this entry

U.S. EPA and the Army Corps Finalize Much-Anticipated “Waters of the United States” Definition

On May 27, 2015, the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (Corps) issued a highly anticipated revision to the federal definition of “waters of the United States.” By expanding the application of various regulations under multiple federal environmental laws—including the Clean Water Act (CWA) and Comprehensive … Continue reading this entry

President’s Bid for Fast-Track Trade Authority Fails, Stalling Trans-Pacific Partnership Efforts

On June 12, the House derailed legislation that would have given President Obama authority to negotiate, with limited interference from Congress, a trade deal that will potentially govern 40 percent of U.S. imports and exports.… Continue reading this entry

U.S. EPA – Next Generation Enforcement – Already Here With More Coming Soon

The 2016 budget focus for the United States Environmental Protection Agency (U.S. EPA) is on continued implementation of its “Next Generation” enforcement initiative, and this could mean big costs for manufacturers who choose to adapt their environmental compliance practices accordingly and big penalties for those who do not. Under this initiative, U.S. EPA intends to … Continue reading this entry

Are You a Government Subcontractor?

Ten Tips to Develop a Practical Conflict Minerals Approach for 2014
Just because your company does not contract directly with the government does not necessarily mean you are not subject to the many requirements associated with government contractors. Those who provide goods and services to OEMs, or other customers who sell to the government, may also be subject to those requirements. Many government contractors incorporate by … Continue reading this entry