Manufacturing
The global demand on companies manufacturing goods is growing at a substantial rate. Addressing concerns over skilled labor, responding to automation, and implementing project management processes are just a few issues confronting this industry.
HOW WE HELP
Seyfarth attorneys appreciate the wide range of challenges facing this industry and use a cross-disciplinary approach to provide practical and comprehensive solutions. We pair our institutional knowledge of the manufacturing industry with our experience counseling and litigating in areas like antitrust, franchise and distribution, employment and labor management, mergers and acquisition, tax, product liability, intellectual property, and workplace safety and health to address business and legal needs.
With particular expertise in the food and beverage, transportation and automotive, apparel, and applied sciences sectors, we proactively identify and issue spot to ensure you’re meeting customer demands and navigating regulatory demands.
THE SEYFARTH EXPERIENCE
We are not only known for delivering exceptional client service and outstanding results, but also for doing so in true partnership with clients, through our acclaimed service delivery platform. This innovative approach, which combines our vast legal acumen with process design and robust technology resources, sets us apart in the market. We continually demonstrate and provide value through a clear understanding of client needs and desired outcomes, transparent communication and collaboration, right-sized staffing approaches, and the use of data to drive alternative fees.
- Represented a major pet food manufacturer in negotiating a multi-year agreement with an international trade partner for distribution of a new line of pet food products.
- Obtained summary judgment on behalf of auto manufacturer on $50 million claim brought by one of largest South American motor vehicle manufacturers arising from offshore production joint venture.
- Obtained summary judgment on behalf of auto manufacturer in Federal Court in Connecticut that it had good cause to terminate dealer for failure to maintain floor plan financing and to conduct customary operations.
- Represented truck manufacturer in an eight-count complaint in Minnesota State Court, alleging a variety of state statutory and common-law claims. Dealers alleged that manufacturer and a new dealer conspired and took to drive the plaintiffs out of business. After a six-week trial, a Minnesota jury returned a verdict in favor of our client.
- Successfully represented bus manufacturer in Arkansas State Court in defense of two actions filed by one of its dealers terminated because dealer failed to pay for buses.
- Successfully represented truck manufacturer in a lawsuit in US District Court in New Jersey against one of its dealers alleging violations of the New Jersey Franchise Practices Act. Officers and managers of the dealership were under federal indictment, and later pled guilty, for bribing public officials to buy trucks from the dealership.
- Defended leading fashion and apparel company in Federal Court in Massachusetts in action brought by affiliated manufacturers claiming fraud, breach of contract and damages of $63 million; obtained summary judgment on all counts.
- Obtained reversal by the Second Circuit Court of Appeals of Federal District Court’s denial of motion to compel arbitration of a dispute arising under an investment relationship between an auto manufacturer and an individual operator.
- Obtained summary judgment on behalf of major auto manufacturer in Federal Court in New Hampshire in a suit brought by a former dealer for wrongful termination, challenging the manufacturer’s use of customer satisfaction scores to award incentive payments. The First Circuit affirmed.
- Prevailed in New York state court on motion to dismiss vertical price fixing charges brought by New York Attorney General against major mattress manufacturer; upheld by New York Appellate Division on appeal.
- Represented motor vehicle manufacturer in defense of putative nationwide class action filed in New Jersey federal court regarding alleging systemic steering defect in client’s marquee electric vehicle. After filing motion to dismiss, we negotiated a very favorable settlement on an individual basis.
- On behalf of major bedding manufacturer, prevailed in Federal District Court on motion to dismiss antitrust claims (vertical and horizontal price fixing) by putative nationwide consumer class based on failure to define a plausible relevant product market or establish harm to interbrand competition. Successfully argued appeal to 11th Circuit.
- Represented a financial institution in a $7.5 million revolving credit facility in favor of a developer, manufacturer and assembler of medical devices and precision machined medical components.
- Represented a minority shareholder its $180 million acquisition of a leading manufacturer of catheters and medical tubing products for cardiology, pulmonology and related applications.
- Assisted medical supply and device corporation with the sale of its wholly owned subsidiary to a multinational medical device manufacturer headquartered in India.
- Represented industrial products manufacturer client in case involving claims of non-compete and trade secrets violations.
- Representation of an aerospace manufacturer in a lawsuit brought by hourly press operators alleging violations of the California Labor Code including failure to pay for all hours worked.
- Represented an importer, distributor and manufacturer of premium food products, in the closing of a syndicated $45 million revolving credit facility with major banking institution.
- Represented client, an Illinois based LED lighting technology design and manufacturing company, in the sale of substantially all of its assets to a California based acquirer.
- Represented affiliates of our client, a manufacturer and supplier of roofing products, in the $115,000,000 cash tender offer for all of its shares under Canadian Law. We served as US counsel in providing analysis and legal advice on the need to file pre-merger notification under the Hart Scott Rodino Antitrust Improvements Act.
- Represented a not-for-profit healthcare system in a creation of a new non-for-profit generic drug company that will help patients by addressing shortages and high prices of lifesaving medications and contract with reputable contract manufacturing organizations. Seyfarth represented the corporate work and designed the ultimate structure.
- Represented a manufacturer of a large line of snow and sun equipment in a closing of a refinancing that included a factoring arrangement with Wells Fargo Bank secured by the client's assets.
- Represented major producer of food and beverage products in connection with numerous acquisition and divestiture transactions, including purchase of bagel businesses and subsequent sale thereof, purchase of a food service coffee business and subsequent sale thereof, sale of food service biscuit and hotcake business to private investor group, purchase of substantially all of the assets of a producer of instant soups and related products, purchase of all of the stock of companies engaged in pasta businesses in Brazil, and sale of the stock of manufacturer of premium chocolate to an entity controlled by a private equity fund.
- Assisted a large manufacturer of iconic footwear brands manage their global trademark portfolio of more than 6,000 trademarks. Using various techniques we were able to reduce cycle time and costs in the trademark process. While the size of the overall portfolio increased by 14%, legal fees were reduced by 15% and, year-over-year improvement in prosecution productivity has averaged approximately 23%.
- Represented a manufacturer of molecular diagnostic tests for infectious diseases in a $30 million loan facility of which $20 million was drawn.
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The global demand on companies manufacturing goods is growing at a substantial rate. Addressing concerns over skilled labor, responding to automation, and implementing project management processes are just a few issues confronting this industry.
HOW WE HELP
Seyfarth attorneys appreciate the wide range of challenges facing this industry and use a cross-disciplinary approach to provide practical and comprehensive solutions. We pair our institutional knowledge of the manufacturing industry with our experience counseling and litigating in areas like antitrust, franchise and distribution, employment and labor management, mergers and acquisition, tax, product liability, intellectual property, and workplace safety and health to address business and legal needs.
With particular expertise in the food and beverage, transportation and automotive, apparel, and applied sciences sectors, we proactively identify and issue spot to ensure you’re meeting customer demands and navigating regulatory demands.
THE SEYFARTH EXPERIENCE
We are not only known for delivering exceptional client service and outstanding results, but also for doing so in true partnership with clients, through our acclaimed service delivery platform. This innovative approach, which combines our vast legal acumen with process design and robust technology resources, sets us apart in the market. We continually demonstrate and provide value through a clear understanding of client needs and desired outcomes, transparent communication and collaboration, right-sized staffing approaches, and the use of data to drive alternative fees.
Key Contacts
Related Practices
- ADA Title III & Public Access
- Antitrust & Competition
- Bankruptcy & Restructuring
- Bid Protests
- Class & Collective Actions
- Employee Benefits
- Employment
- Government Relations & Policy
- Global Immigration & Mobility
- Intellectual Property Counseling & Prosecution
- Labor Management Relations
- Mergers & Acquisitions
- Privacy & Cybersecurity
- Product Liability & Complex Tort
- Real Estate
- Tax
- Trade Secrets, Computer Fraud & Non-Competes
- Workplace Safety & Environmental
Related Key Industries
- Represented a major pet food manufacturer in negotiating a multi-year agreement with an international trade partner for distribution of a new line of pet food products.
- Obtained summary judgment on behalf of auto manufacturer on $50 million claim brought by one of largest South American motor vehicle manufacturers arising from offshore production joint venture.
- Obtained summary judgment on behalf of auto manufacturer in Federal Court in Connecticut that it had good cause to terminate dealer for failure to maintain floor plan financing and to conduct customary operations.
- Represented truck manufacturer in an eight-count complaint in Minnesota State Court, alleging a variety of state statutory and common-law claims. Dealers alleged that manufacturer and a new dealer conspired and took to drive the plaintiffs out of business. After a six-week trial, a Minnesota jury returned a verdict in favor of our client.
- Successfully represented bus manufacturer in Arkansas State Court in defense of two actions filed by one of its dealers terminated because dealer failed to pay for buses.
- Successfully represented truck manufacturer in a lawsuit in US District Court in New Jersey against one of its dealers alleging violations of the New Jersey Franchise Practices Act. Officers and managers of the dealership were under federal indictment, and later pled guilty, for bribing public officials to buy trucks from the dealership.
- Defended leading fashion and apparel company in Federal Court in Massachusetts in action brought by affiliated manufacturers claiming fraud, breach of contract and damages of $63 million; obtained summary judgment on all counts.
- Obtained reversal by the Second Circuit Court of Appeals of Federal District Court’s denial of motion to compel arbitration of a dispute arising under an investment relationship between an auto manufacturer and an individual operator.
- Obtained summary judgment on behalf of major auto manufacturer in Federal Court in New Hampshire in a suit brought by a former dealer for wrongful termination, challenging the manufacturer’s use of customer satisfaction scores to award incentive payments. The First Circuit affirmed.
- Prevailed in New York state court on motion to dismiss vertical price fixing charges brought by New York Attorney General against major mattress manufacturer; upheld by New York Appellate Division on appeal.
- Represented motor vehicle manufacturer in defense of putative nationwide class action filed in New Jersey federal court regarding alleging systemic steering defect in client’s marquee electric vehicle. After filing motion to dismiss, we negotiated a very favorable settlement on an individual basis.
- On behalf of major bedding manufacturer, prevailed in Federal District Court on motion to dismiss antitrust claims (vertical and horizontal price fixing) by putative nationwide consumer class based on failure to define a plausible relevant product market or establish harm to interbrand competition. Successfully argued appeal to 11th Circuit.
- Represented a financial institution in a $7.5 million revolving credit facility in favor of a developer, manufacturer and assembler of medical devices and precision machined medical components.
- Represented a minority shareholder its $180 million acquisition of a leading manufacturer of catheters and medical tubing products for cardiology, pulmonology and related applications.
- Assisted medical supply and device corporation with the sale of its wholly owned subsidiary to a multinational medical device manufacturer headquartered in India.
- Represented industrial products manufacturer client in case involving claims of non-compete and trade secrets violations.
- Representation of an aerospace manufacturer in a lawsuit brought by hourly press operators alleging violations of the California Labor Code including failure to pay for all hours worked.
- Represented an importer, distributor and manufacturer of premium food products, in the closing of a syndicated $45 million revolving credit facility with major banking institution.
- Represented client, an Illinois based LED lighting technology design and manufacturing company, in the sale of substantially all of its assets to a California based acquirer.
- Represented affiliates of our client, a manufacturer and supplier of roofing products, in the $115,000,000 cash tender offer for all of its shares under Canadian Law. We served as US counsel in providing analysis and legal advice on the need to file pre-merger notification under the Hart Scott Rodino Antitrust Improvements Act.
- Represented a not-for-profit healthcare system in a creation of a new non-for-profit generic drug company that will help patients by addressing shortages and high prices of lifesaving medications and contract with reputable contract manufacturing organizations. Seyfarth represented the corporate work and designed the ultimate structure.
- Represented a manufacturer of a large line of snow and sun equipment in a closing of a refinancing that included a factoring arrangement with Wells Fargo Bank secured by the client's assets.
- Represented major producer of food and beverage products in connection with numerous acquisition and divestiture transactions, including purchase of bagel businesses and subsequent sale thereof, purchase of a food service coffee business and subsequent sale thereof, sale of food service biscuit and hotcake business to private investor group, purchase of substantially all of the assets of a producer of instant soups and related products, purchase of all of the stock of companies engaged in pasta businesses in Brazil, and sale of the stock of manufacturer of premium chocolate to an entity controlled by a private equity fund.
- Assisted a large manufacturer of iconic footwear brands manage their global trademark portfolio of more than 6,000 trademarks. Using various techniques we were able to reduce cycle time and costs in the trademark process. While the size of the overall portfolio increased by 14%, legal fees were reduced by 15% and, year-over-year improvement in prosecution productivity has averaged approximately 23%.
- Represented a manufacturer of molecular diagnostic tests for infectious diseases in a $30 million loan facility of which $20 million was drawn.
Related News & Insights
-
Legal Update
03/05/2024
2023 Human Capital Disclosure Report: In Betwixt and Between
-
Legal Update
02/21/2023
Now Available! 2022 Human Capital Disclosure Report: Moving Forward While Still Waiting
-
Sponsored Events
11/16/2022
Seyfarth and ACC Southern California In-Person Panel: The Art of Performance Management, Employee Discipline, and Employee Separations
-
Seyfarth Event
10/19/2022
Seyfarth and ACC Houston Labor & Employment Chapter In-Person Panel – Trending Wage Hour Concerns to Keep An Eye On