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After have deciding to mediate and selecting a mediator, each litigants’ focus should shift to preparation.  In our experience, mediation results improve significantly when the parties, not just the attorneys, come prepared for mediation.  This post offers 7 pointers for parties to follow when preparing for mediation with their lawyers.…
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.…
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 companies should know about mediation. This post describes mediation for the uninitiated and discusses an important threshold consideration: When to…
Facing the traditional energy sector’s uncertain future and the decreased cost of  producing renewable energy, many companies have taken to generating their own power. Manufacturers may be in an ideal position to do the same through “net metering.” Some companies, including giants such as Google and Apple, have been so successful generating their own power that they sell excess energy back to the grid. In considering such practices, manufacturers need to weigh the costs…
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 implied warranty of merchantability—applies in all sales of goods by a “merchant” with respect to the goods.  (Courts broadly interpret…
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 issued a call to action, encouraging manufacturers to engage with political candidates in preparation for the 2016 elections.…
While the Foreign Corrupt Practices Act (“FCPA”) is an extremely complex act, there are two common FCPA violations of which automotive companies with international operations should be particularly sensitive. We recently discussed the challenges associated with providing gifts, meals, and entertainment to customers. In this post, we discuss another common issue: using third-parties abroad. Third-Parties FCPA violations are also frequently attributable to the practices of third-party agents. Accordingly, automotive companies should evaluate third-party contractors…
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. Automotive companies which conduct international business should be particularly sensitive to (1) providing gifts, meals, and entertainment to potential and existing customers, and (2) using third-parties abroad. This post will cover the first issue, and we will discuss the issue of…
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. Businesses need to be aware of these potential consequences in order to appropriately perform risk-based analyses and determine what level of compliance program to utilize. The FCPA’s penalties make it clear that automotive companies conducting international business cannot afford to ignore…
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. Enjoy reading and please have a safe and happy Thanksgiving! Addressing Climate Change in SEC Filings and Other Public Disclosures: What