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Manufacturing

To succeed, manufacturers need foresight, innovation, and a network of cooperative relationships. At Shipman, manufacturing matters. We help business owners, investors, lenders and other parties seize opportunities, minimize risks and protect their investments in this always valuable — and increasingly vulnerable — sector. Our work is client-driven and issue-focused. With decades of legal and business experience working with manufacturers in our respective fields, we provide broad-based regulatory compliance counsel and focused, multidisciplinary guidance in rapidly developing areas of concern, including the following:

Manufacturing Matters (infographic)

As manufacturing in the United States — and in Connecticut, in particular — experiences a renaissance, advanced manufacturers, additive manufacturers and aerospace manufacturers, as well as life sciences, technology-focused and other companies are embarking on an exciting period of growth. Through our collaboration with publicly traded and privately held corporate clients, educational institutions, and state and national manufacturing associations, Shipman is uniquely positioned to help businesses prosper, today and in the future.

Workforce Management
Today’s manufacturing workforce is evolving at a rapid pace and manufacturers across the United States are facing unique obstacles attracting and retaining highly skilled talent. Shipman collaborates with clients at every step of the employment process — and from the executive suite to the factory floor — to offer client-focused solutions to today’s workplace trends and challenges, including remote, contract, temporary and flex-time workers; a multi-generational workforce; and a hypercompetitive recruiting market. Read More

We guide manufacturers through all aspects of the employment relationship, from the initial hiring process to employee termination and separation. Our emphasis on collaboration helps ensure that we effectively manage potential issues that may arise with employees, no matter how simple or complex. Our counseling approach focuses on prevention, which includes training on subjects ranging from sexual harassment policies to union avoidance, and helps our clients mitigate litigation and other risks. We provide solutions to commonly faced problems such as:

  • Hiring and training a skilled workforce based on advances in technology
  • Restructuring and reorganizing as companies assess their operations
  • Protecting intellectual property through confidentiality and non-compete agreements
  • Negotiating changing employment terms and conditions with labor representatives
  • Succession planning and workforce development

Our full-service immigration practice focuses primarily on employment-based matters in an increasingly challenging immigration climate. We guide manufacturers in areas such as:

  • Employing foreign workers to meet the demand for executive, managerial, and technical talent
  • Providing accessible and knowledgeable resources for employers seeking to achieve compliance with Form I-9 U.S. employment eligibility verification requirements
  • Dealing with site visits by USCIS’s Fraud Detection and National Security Directorate and ICE work site raids, to help clients avoid civil and criminal sanctions for hiring workers without US work authorization

Globalization and Supply Chain Management
Virtually all manufacturers operate in a complex, global network of vendors, suppliers, wholesalers, distributors, retailers, investors, lenders and regulators. Shipman delivers coordinated, multidisciplinary legal counsel that helps clients manage these relationships more effectively and respond to rapidly changing international regulations, trade agreements and tariff disputes. We help clients resolve conflicts with business partners (including financially distressed companies), protect intellectual property and trade secrets, develop proactive business succession strategies, and ensure the timely movement of materials and products at every step in the supply chain. Read More

We represent large, US-based and foreign corporations, as well as start-ups and middle-market manufacturers across the spectrum, and in industries including:

  • Aerospace and Transportation
  • Metals and Machinery
  • Chemicals and Biotechnology
  • Food and Beverage
  • Medical Devices
  • Software and Technology
  • Plastics and Rubbers
  • Petroleum and Coal

Whether serving as outside general counsel, negotiating a merger or acquisition, financing or disposition, purchasing or leasing real estate assets, or coordinating a multinational project with colleagues from our affiliation with the Interlaw global legal network, we offer each client customized counsel that addresses its specific objectives and challenges. We advise clients on the full range of supply chain issues:

  • Contract management and negotiations, including terms and conditions, warranties and terminations
  • Import/export and sanctions compliance, including ITAR and EAR
  • Federal and state franchise laws
  • Procurement matters and related agreements
  • Technology transfers and licensing
  • Commercial finance, including debt and equity financing
  • Business disputes, including litigation, settlement negotiations, mediation and arbitration
  • Creditors’ rights in bankruptcy cases, out of court workouts and other insolvency proceedings

We believe that the duration of our client relationships serve as a testament to the quality of our counsel and our service. We have served many businesses across generations and decades — more than a half century, in some cases. Our advice is pragmatic, our attorneys are responsive, our bench is deep, and our fee structure emphasizes value and results.

Product Development
A manufacturer is only as good as its products. In today’s hypercompetitive marketplace, innovation is as important as quality, reliability and reputation. Shipman’s manufacturing attorneys have extensive experience helping clients identify, protect and monetize creative assets; negotiate contracts with vendors, suppliers, distributors and other parties along the entire supply chain; pursue cost-effective and tax-advantaged financing strategies to support research and new-product development initiatives; and address product liability issues. Read More

Working together, we provide coordinated, end-to-end counsel designed to eliminate unnecessary and unproductive handoffs, enabling the delivery of seamless, client-specific solutions.

Our IP attorneys and litigators provide counsel and dispute resolution services to start-ups, middle-market companies and international businesses alike. We help clients develop, acquire, license and manage a range of creative assets, trade secrets and other proprietary information through trademark, copyright, patent and other legal protections. Given the complex, collaborative nature of today’s R&D landscape, we work with businesses to negotiate and document development agreements, ownership rights, technology transfers, non-disclosure and confidentiality agreements, and other contracts that are designed to allow creativity to flourish while avoiding potential infringement.

Our business, finance and regulatory compliance attorneys understand the many challenges facing manufacturers today. We take a 360-degree view of our clients’ businesses to minimize risk and promote product development initiatives to support a company’s overall objectives. We offer guidance on:

  • Debt and equity financing
  • Tax credits and incentives
  • Import/export, customs and other international trade issues
  • Regulatory compliance counsel on an array of environmental, health, safety, employment and other laws and requirements

Our product liability attorneys counsel clients at every stage of the product-development process, helping identify, resolve and avoid issues in a manner that can prevent individual, class action and multidistrict litigation down the road. We know our clients’ industries and draw on this knowledge to take effective, preemptive action, including advice on establishing a record of reasonable care and assisting clients in acquiring effective insurance coverage. When disputes do arise, we assemble lean, targeted litigation teams and develop innovative strategies to present our clients’ arguments assertively and effectively.

Environmental Concerns
For manufacturers, the environment is a daily, front-and-center issue. At every step in the supply, distribution and sales chain, businesses must ensure that effective safeguards are in place to avoid potential contamination, limit human exposure to known hazards, and ensure compliance with an ever-growing and increasingly complex list of local, state, federal and international regulations. For their part, developers, investors and lenders need to understand more than current or proposed manufacturing activities; they must also be aware of the history of the facilities and land upon which these processes take place and their own responsibilities and potential liabilities in connection with preventing or addressing the impact of manufacturing processes. Read More

At Shipman, our environmental, energy, land use, real estate and other attorneys help manufacturers identify and resolve the full spectrum of environmental, health and safety (EHS) issues. We have advised clients on issues in jurisdictions across the United States, in Canada and in Europe. Over decades, we have established longstanding working relationships with federal and state agency officials, including at the Connecticut Department of Energy and Environmental Protection (DEEP), providing us with important insights into the priorities and strategies of these regulatory bodies.

Among other areas, we regularly provide counsel on:

  • Environmental investigation/remediation requirements and opportunities
  • Permitting and zoning issues
  • Transactional due diligence
  • Industrial/specialty chemical and other hazardous-materials compliance
  • EHS policies, protocols and emergency-response plans
  • Site remediation programs and regulatory site closure

When unforeseen events arise, we take immediate action to help clients identify and contain the situation, work with government agencies and insurers to mitigate potential hazards, and roll out effective public-relations strategies that present our clients’ stories fairly and accurately. We also represent clients in all forms of environmental litigation and help resolve enforcement activity.

Well versed in traditional regulation and compliance issues, we are known for our insights into emerging environmental concerns. Among other developments, we advise clients on potential liabilities and litigation risks stemming from the manufacture and use of per- and polyfluoroalkyl substances (PFAS). We counsel clients in Connecticut on the potential applicability of and requirements associated with the Connecticut Transfer Act, a particularly challenging statutory program for manufacturing clients in the state. Finally, we recognize that the environment is a source of opportunity as well as risk, and help clients explore and take advantage of renewable energy options such as the use of solar and other renewable energy sources that limit environmental impacts and reduce overall energy costs.

Technology Transformation
Industry 4.0 — also known as the fourth industrial revolution — is taking manufacturers to the next level in digital integration. Automated technology is now artificial intelligence (AI). Smart factories and robots act not only according to their programming, but are capable of self-diagnosis and self-correction. Connectivity, including the Internet of Things (IoT), is the order of the day rather than an interesting new feature. Shipman helps manufacturers take full advantage of these technologies to protect their market positions while minimizing the risks and challenges that arise from rapid adoption. Read More

We provide IP counsel and dispute resolution services to start-ups, middle-market companies and international businesses alike. We help clients identify, develop, acquire, license and manage a range of creative assets, including trademarks, copyrights, trade secrets and patents, and assist clients in negotiating software development and support agreements, as well as technology transfers involving all types of technologies and products.

Given the multi-party nature — and speed — of today’s technology development, we work with equal diligence to protect clients’ intellectual property rights and avoid costly infringement on the proprietary rights of others.

As technology takes a more central role in manufacturing processes, our attorneys work with clients to manage labor and employment matters arising out of a changing workplace and workforce. We regularly negotiate non-compete and non-disclosure agreements between employers and key personnel; advise on reductions in force, WARN Act compliance, and retraining and professional development programs; provide business immigration counsel; and represent management in disputes with unions and organized labor.

To protect business interests, the sophistication of technological solutions must be matched by equally sophisticated supplier, vendor, distribution and other contracts. Our attorneys are well versed in the nuances of technology-related agreements and help ensure that our clients’ interests are being served without incurring unnecessary risk or exposure.

Technology-related laws and regulation typically lag behind technology development. With experience in Washington, DC and in Connecticut and other states, members of our regulatory and state attorneys general practices help clients identify and address existing and emerging issues, such as consumer and employee data privacy, antitrust, consumer protection and environmental matters.

Data Security and Breaches
Data is a more valuable and powerful resource than ever — especially when it falls into the wrong hands. As the Internet of Things (IoT), biometric security tools, smart medical devices, GPS tracking systems and other powerful technologies become business as usual for companies large and small, hackers, cyberterrorists, industrial spies and other bad actors are likewise stepping up their efforts to obtain and benefit from proprietary and private information. Read More

In response, governments around the globe are implementing legislation and regulations — such as the EU General Data Protection Regulation (GDPR), the Illinois Biometric Information Privacy Act (BIPA) and the California Consumer Privacy Act (CCPA) — that require businesses to comply with a host of information-security requirements.

Shipman’s data privacy and protection team helps manufacturers take full advantage of rapidly emerging technologies while maintaining the security of their platforms, processes, customer information, trade secrets and other protected data. Our group has extensive, first-person experience in each of the key domains businesses need to pursue market growth and innovation without compromising the integrity or security of their information assets— privacy and technology law, law enforcement, and in-house corporate cybersecurity leadership. We represent clients across the United States, from New England to Silicon Valley, as well as multinational companies with a global footprint on a broad range of issues, including:

  • Collection, storage, maintenance and disposal of data
  • Data privacy and protection audits
  • Strategies and policies to build and manage efficient privacy infrastructures
  • Customer and employee records
  • Social media best practices
  • Licensing and data-sharing agreements

As data privacy laws expand their scope, even companies that build and ship a single component used to assemble a product in a second jurisdiction (which product may in turn be sold in several other jurisdictions) may find themselves liable for a data breach that occurs far from home. To ensure compliance with applicable laws and regulations, we work hand-in-and with clients to identify and address potential issues. We provide training, help develop and implement compliance hotlines, and meet regularly with business leaders to establish practical privacy best practices and provide guidance on data-security matters.

No system, software or platform is 100% secure. When national and international breaches, thefts and other security incidents arise, we help clients mount an effective, rapid response. We regularly advise on whistleblower and internal investigations and post-breach notifications, help clients cooperate with relevant federal and state health, civil rights, trade, insurance and other agencies, and handle the full spectrum of privacy litigation.

Regulations and Compliance
Manufacturing remains central to the global economy — and, as a result, takes center stage in the complex framework of international, federal, state and local regulations that govern businesses today. To help manufacturers more effectively identify, address and prevent potential compliance issues and resolve disputes with regulators and law-enforcement officials, Shipman draws on the experience of attorneys across all of our core practice areas. Read More

Our tax team has advised numerous manufacturers on federal, state and local tax issues, including tax accounting and reporting, as well as tax credits, opportunity zones and other incentives that can help finance new or expanded operations and facilities while lowering a company’s overall tax burden. We help clients plan for and understand property, sales, use, excise and other tax requirements and exemptions, and resolve apportionment issues.

Over the past decades, corporate governance practices have drawn increased scrutiny from legislators and regulators. Our attorneys help clients at every step, from business formation and incorporation, to establishing and maintaining effective boards of directors and committees, drafting charters and codes of ethics, and handling special investigations. We regularly advise on conflict-of-interest issues, fiduciary duties, and compliance with a host of federal and state securities, data privacy, antitrust and other regulations, as well as the requirements of industry and financial oversight groups.

In a global economy where trade and tariff agreements are being dismantled as rapidly as they are being established, we work with clients to develop legal strategies that:

  • Minimize risks that arise from trade disputes
  • Secure supply chains
  • Comply with import, export (ITAR/EAR), sanctions, anticorruption, CITES and other requirements and agreements
  • Resolve disputes with federal and state agency officials through voluntary self-disclosures, responses to grand jury subpoenas and, as necessary, litigation

Our state attorneys general practice includes three former Connecticut officials with experience at the highest levels, including a former state attorney general, a former deputy attorney general and the former head of the state attorney general’s Privacy & Data Security Department. We help manufacturers respond to agency inquiries and investigations on a broad range of issues, including disputes involving consumer protection, antitrust, privacy, securities, environmental and other laws.

Interlaw, Global Legal Network
Manufacturers of every size and ownership structure are deeply connected to the global economy. Whether purchasing raw materials or components from overseas vendors, selling to customers around the globe, establishing distribution hubs, or responding to geopolitical forces — such as trade and tariff disputes, Brexit, and rapidly changing regulatory policies — companies need access to experienced local counsel, with true local insights wherever their interests take them. Read More

Shipman is a leading member of Interlaw, the elite global network of pre-eminent independent law firms comprising more than 7,500 lawyers in over 150 cities and 90 countries around the world. Interlaw is led by Board Chair Glenn M. Cunningham, a partner at Shipman who also serves as head of our Manufacturing Team.

Ranked a Band 1 “Elite” law firm network by Chambers Global, Interlaw provides high-quality, cross-border and seamless legal advice to manufacturers and other clients via a single point of contact. Interlaw’s strategic partners are thoroughly vetted before being invited to join the organization and performance is monitored closely and regularly. Member firms and their lawyers are leaders in their specific disciplines and provide efficient and cost-effective advice that is deeply attuned to local laws, regulations, and business practices and customs. No matter how broad the subject matter or the jurisdictional scope of an engagement, Interlaw clients receive a single invoice and are just a phone call away from their primary relationship partner.

Attorneys

Donna L. Brooks
Partner
dbrooks@goodwin.com
(860) 251-5917
Hartford Office
Julia R. Camarco
Partner
jcamarco@goodwin.com
860-251-5058
Hartford Office
Brian Clemow
Of Counsel
bclemow@goodwin.com
(860) 251-5711
Hartford Office
Glenn M. Cunningham
Partner
gcunningham@goodwin.com
(860) 251-5722
Hartford Office
Taylor M. Curtis
Counsel
tcurtis@goodwin.com
860-251-5057
Hartford Office
Andrew N. Davis
Partner
adavis@goodwin.com
(860) 251-5839
Hartford Office
Robert L. Day III
Associate
rday@goodwin.com
(860) 251-5602
Hartford Office
John J. DiMarco
Associate
jdimarco@goodwin.com
(202) 741-4681
Washington, DC Office
Hartford Office
Brenda A. Eckert
Partner
beckert@goodwin.com
(860) 251-5712
Hartford Office
Alfredo G. Fernández
Associate
afernandez@goodwin.com
(860) 251-5353
Hartford Office
Michael J. Fritz
Partner
mfritz@goodwin.com
(860) 251-5735
Hartford Office
New York Office
Eric S. Goldstein
Partner
egoldstein@goodwin.com
(860) 251-5059
Hartford Office
Gabriel J. Jiran
Partner
gjiran@goodwin.com
(860) 251-5520
Hartford Office
Michael A. King
Associate
mking@goodwin.com
(860) 251-5659
Hartford Office
Aaron D. Levy
Partner
alevy@goodwin.com
(860) 251-5893
Hartford Office
Alan E. Lieberman
Partner
alieberman@goodwin.com
(860) 251-5801
Hartford Office
Jarad M. Lucan
Partner
jlucan@goodwin.com
(860) 251-5785
Hartford Office
Mark K. Ostrowski
Partner
mostrowski@goodwin.com
(860) 251-5634
Hartford Office
Jill M. O'Toole
Partner
jotoole@goodwin.com
(860) 597-5700
Hartford Office
Edward B. Parks II
Partner
eparks@goodwin.com
(202) 469-7753
Washington, DC Office
William J. Roberts
Partner
wroberts@goodwin.com
(860) 251-5051
Hartford Office
Perry Zinn Rowthorn
Partner
prowthorn@goodwin.com
(860) 251-5955
Hartford Office
Louis B. Schatz
Partner
lschatz@goodwin.com
(860) 251-5838
Hartford Office
New York Office
James C. Schulwolf
Partner
jschulwolf@goodwin.com
(860) 251-5949
Hartford Office
Karen T. Staib
Partner
kstaib@goodwin.com
(860) 251-5612
Hartford Office
J. Dormer Stephen
Partner
dstephen@goodwin.com
(203) 836-2803
New Haven Office
Hartford Office
Sarah A. Westby
Associate
swestby@goodwin.com
(860) 251-5503
Hartford Office
Joseph P. Williams
Partner
jwilliams@goodwin.com
(203) 836-2804
New Haven Office
Hartford Office
Lisa M. Zana
Partner
lzana@goodwin.com
(203) 324-8171
Stamford Office
New York Office
Andrew M. Zeitlin
Partner
azeitlin@goodwin.com
(203) 324-8111
Stamford Office

Experience

Copyrights
Settled Copyright infringement Case Prior to Trial
Federal Copyright, Trade Dress and Trademark Infringement Action
Corporate Counsel
Manufacturer of Precision Engine Components
Provider of Smart Grid Communications Platform
Major Regional Dairy Cooperative
Environmental Litigation
Resolved Cost Recovery Claim for Environmental Remediation
Defended CERCLA Action Regarding Former Ball Bearing Factory
Defended CERCLA Action by a Competitor at a Superfund Site
Successfully Resolved RCRA Violations for Insecticide Manufacturer in North Carolina
Advised Manufacturer Regarding Diesel Fuel Additive Standards
Industrial and Specialty Chemical Compliance
Quarantine, Voluntary Disclosure and Corrective Action Plan
Completion of Domestic and Foreign Chemical Substance Notifications
Advised Manufacturer on Domestic and International Specialty Chemical Compliance Matters
International Trade Compliance and Enforcement
International Trade Counsel to Multi-National Aerospace and Defense Company
U.S. Customs Import Valuation Processes and Procedures
Comprehensive Investigation of Foreign Person Access to Export-Controlled Technical Data
Patents
Successful Defense of Patent Infringement Claims
Favorable Settlement in Patent Infringement Case
Patent Infringement Representation
Prosecution of Patent Infringement
Private Equity & Mezzanine Finance
Mezzanine Financing for Manufacturing Company in the Marine and Vehicle Industries
Trademarks
Trademark and Trade Dress Infringement Case
Settlement Reached in Trademark Infringement Suit
Other
$4.5 Million Asset-Based Line of Credit
Sale of Hydro Massage Equipment Manufacturer
Manufacturing Client Secures the Largest C-Pace Financed Solar Project
Sale of Really Good Stuff, Inc.
Favorable Settlement of Sherman and Clayton Act Claims on Behalf of an International Toy Manufacturer in an MDL Case in New York Federal Court
Represented a Wisconsin Manufacturer in the Lawsuit Resulting in the First Comprehensive Analysis by the Connecticut Supreme Court of the Connecticut Franchise Statute
Audit Relating to Inpatient Stays, Credits for Medical Devices and Canceled Surgeries
Environmental Remediation of Contaminated River and Property
Aviation Component Manufacturer Section 363 Sale
Obtained Dismissal of Federal Lawsuit Against Manufacturer
General Outside Counsel to Advanced Manufacturer
General Outside Counsel to Traditional Manufacturing Business
Defended Automobile Manufacturer From CERCLA, RCRA Claims
$65,000,000 Structured Financing
Restructure of Company's Existing Obligations
Represented Aerospace Products Manufacturer During Negotiation of $84 Million Stock Purchase Agreement and Provided Strategic Business Counseling Regarding Environmental Risk Transfer Strategies
Complex Wrongful Distributor Termination Claim
Represented Manufacturer with Respect to Pension Plan's Lump Sum Window Amendment
National Governmental Firearms Litigation Defense
National Leasing in Malls for International Retailer
Successful Defense of Franchise Nonrenewal by Auto Manufacturer
Defense of Age and Race Discrimination Claims
Dispute Over Sale of a Motorcycle Dealership Franchise
Ruling in Favor of Client in Independent Contractor Status Appeal
Fortune 1000 Manufacturer
Union Labor Contract Negotiations
Advised Client on National Antitrust Litigation Affecting the Dairy Industry
Discipline and Contract Language Interpretation Labor Arbitration
$10,500,000 Acquisition of a Truck and Trailer Components Manufacturer
Represented Companies with Respect to New Vendor's Prototype Plan and Investment Fund Platform
Union Negotiations Over Facility Closing/Relocation
$1,250,000 Acquisition of Capacitor Manufacturer
$12,700,000 Acquisitions of a Manufacturer of Metal Containers

Publications

June 24, 2020  Does Your Workforce's Use of Cloth Face Masks Satisfy OSHA Rules and Guidance?
April 22, 2020  FDA Issues EUA for Limited Use Face Masks
April 10, 2020  COVID-19: Funding for Manufacturers Producing Critical Medical Equipment and Supplies
April 9, 2020  EPA Loosens Regulatory Requirements for Disinfectant Manufacturers
March 30, 2020  USPTO Relief for Trademark Owners and Applicants in Response to the COVID-19 Outbreak
March 23, 2020  Executive Order No. 7J: New DECD Guidance and Rules of the Road for "Stay Safe, Stay Home"
March 21, 2020  COVID-19 Update: Connecticut's "Stay Safe – Stay at Home Order"
March 16, 2020  COVID-19: Force Majeure Clauses in Leases and Contracts in New York and Connecticut
March 16, 2020  COVID-19: Taking Employees' Temperatures
March 13, 2020  A Cautionary Tale for Manufacturers: Challenges Posed by U.S. Immigration Law and Coronavirus (COVID-19) to Employing Foreign Workers
March 13, 2020  With Coronavirus in Connecticut, Some Preliminary FAQs for Manufacturers
March 12, 2020  Coronavirus Causing Disruptions Along Global Supply Chains
March 2020  Vertical Mergers Guidelines Updated to Include Safe Harbor From Enforcement Based on Market Shares
March 2020  Large Manufacturers Beware: DOJ's Request for Additional Antitrust Attorneys Portends Heightened Enforcement
February 5, 2020  Workers with H-1B and L-1B Visas: How Adjudication and Enforcement Trends Affect Manufacturers
February 4, 2020  Pay Attention to PFAS
February 3, 2020  Recent Amendments to the CT Transfer Act: A Small Step in the Right Direction for Manufacturers
January 31, 2020  Employment Authorization Document Renewal Delays May Impact Manufacturers
January 30, 2020  Changes to Connecticut's Family and Medical Leave Act Affect All State Manufacturers
January 29, 2020  Connecticut Sexual Harassment Prevention Training Mandatory by October 1st: It's Not Too Late
January 28, 2020  The United States-Mexico-Canada Agreement: What's New and What's Next for Manufacturers?
January 27, 2020  Manufacturers Must Comply With CCPA, The Nation's Strictest Data Privacy Law, Effective January 1, 2020: Did You Miss It?
January 24, 2020  Manufacturers Should Strengthen Compliance With I-9 Employment Eligibility Verification Requirements
December 12, 2019  Governor Lamont Releases PFAS Task Force Action Plan
September 9, 2019  PFAS: What's All the PFUSS?
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