Industries
Manufacturing

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.

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, foreign, contract, temporary and flex-time workers; a multi-generational workforce; and a hypercompetitive recruiting market.

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

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 trade laws. We help clients resolve conflicts with business partners (including financially distressed companies), vet suppliers and customers, protect intellectual property and trade secrets, comply with crossborder transactions, develop proactive business succession strategies, and ensure the timely movement of materials and products at every step in the supply chain.

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 lawyers are responsive, our bench is deep, and our fee structure emphasizes value and results.

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

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

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 lawyers 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 and grant strategies to support research and new-product development initiatives; and address product liability issues.

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 lawyers 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 lawyers 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 lawyers 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.

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

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

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.

At Shipman, our environmental, energy, land use, real estate and other lawyers 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.

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

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.

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 lawyers 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 lawyers 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.

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.

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

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 lawyers across all of our core practice areas.

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

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

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.

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.

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.

Experience

Business and corporate

Act as Outside General Counsel to Major Regional Dairy Cooperative

Represent premier regional dairy farmer cooperative which produces award winning cheeses and other products. Representation includes contracting, finance, cooperative governance, mergers and acquisitions, real estate and litigation.

Copyrights

Settled Copyright infringement Case Prior to Trial

Manufacturer of Model Railroad Equipment

Represented artist/designer/manufacturer of model railroad equipment in suit against a national collectible marketing firm and its partner for copyright infringement and deceptive and unfair trade practices. The case was settled prior to trial on terms that are confidential.

Federal Copyright, Trade Dress and Trademark Infringement Action

Manufacturer of Specialty Cases

Represented world-wide manufacturer of specialty cases in a federal action against former distributor alleging copyright, trade dress and trademark infringement.

Corporate counsel

Manufacturer of Precision Engine Components

Represent company that designs and manufactures filters, injectors, fuel management systems, support products and additives for on- and off-road vehicles. Representation includes contracting, environmental compliance, immigration, employment matters and SEC reporting.

Counsel

General Counsel to Global Automotive Technology Leader

Assist global automotive technology leader in engine-based fuel and air management systems, specializing in gasoline and diesel fuel injection systems. Our representation involves licensing, supply chain contracts, product development, environmental matters, real estate, import/export compliance, and employment and employee benefit matters.

Provider of Smart Grid Communications Platform

Represent company that designs and manufactures an innovative platform that enables utilities to deploy and integrate multiple smart grid applications and technologies, in parallel on a single communications infrastructure, supporting smart metering, distribution automation, distribution management, demand response and distributed generation. Representation includes contracting, finance, employment matters, equity compensation, corporate governance, stock exchange compliance and SEC reporting.

Environmental

Guided an International Manufacturing Client Design and Perform Environmental Due Diligence (including for PFAS risks)

Assisted a large manufacturing client evaluate a potential asset purchase acquisition in New Hampshire, where the target facility was affected by significant PFAS releases from a nearby/upgradient industrial property. Given the extent of contamination and disputes among various operators in the affected area, the client decided the PFAS risks (among other business factors) were potentially too substantial and terminated its pursuit of the target.

Ongoing Assistance to Food and Beverage Companies Regarding PFAS and Food Packaging Compliance

As state-level bans on intentionally added PFAS in food packaging continue to go into effect, we regularly assist food and beverage companies with multi-state and international footprints undertake highly nuanced legal and technical evaluations of PFAS risks associated with food packaging and compliance. This effort includes requesting certificates of compliance from upstream food packaging suppliers as well as evaluating and responding to similar demands from downstream distributors, wholesalers and retailers.

Assistance with NIOSH Health Hazard Evaluation of manufacturing workplace illnesses

Assisted an international industrial chemical manufacturer to support its machine manufacturing customer during a Health Hazard Evaluation undertaken by the National Institute for Occupational Safety and Health (NIOSH) for an alleged cluster of workplace illnesses. We engaged leading technical experts and developed and issued a robust series of legal and technical rebuttals to preliminary NIOSH findings/conclusions. Ultimately, NIOSH conceded that it could not demonstrate a causal connection between the reported health concerns and exposure to our client’s product.

Assisting a manufacturing client respond to EPA request for information related to a New England Superfund site

We are assisting a large, multi-state manufacturing company regarding compliance with a Request for Information (RFI) from the U.S. Environmental Protection Agency (EPA) pursuant to Section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in connection with a large Superfund site in New England. Our representation includes reviewing and managing decades of historical files relative to several legacy manufacturing and warehousing facilities located near the site as well as drafting and submitting the RFI response document and compiling the relevant supporting documentation.

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Environmental litigation

Resolved Cost Recovery Claim for Environmental Remediation

Life Sciences Technology Firm

Asserted a claim against a major pharmaceutical company that previously owned our client’s property that under the Transfer Act, the company was responsible for the clean-up of a large quantity of contaminated soil.

Defended CERCLA Action Regarding Former Ball Bearing Factory

Big-5 Auto Maker

Federal court action brought by the current property owner alleging claims under CERCLA, RCRA, state statutes and common law.

Defended CERCLA Action by a Competitor at a Superfund Site

Merriam Manufacturing Company

Defended a manufacturing company at trial in a federal court action by a competitor at a Superfund site.

Advised Manufacturer Regarding Diesel Fuel Additive Standards

Advised US-based manufacturer of diesel fuel additives regarding standards for additives in the US and foreign markets.

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Industrial and specialty chemical compliance

Quarantine, Voluntary Disclosure and Corrective Action Plan

Upon discovery of potential TSCA violations, performed internal investigation and drafted voluntary self-disclosure to EPA on behalf of specialty chemical company. Represented client in meeting with EPA enforcement office, emphasized favorable conditions and behavior, resulting in mutually agreeable Consent Agreement and Final Order with lowest penalty allowed by EPA Audit Policy. Prepared Low Volume Exemption (LVE) application for subject substance in parallel with enforcement proceedings, resulting in sufficient authorized import volumes for client’s business needs. Peripheral support activities included implementation of quarantine and monitoring of affected containers, collaboration with substance manufacturer/supplier, advising on Safety Data Sheet content and documenting waste/release procedures.

Completion of Domestic and Foreign Chemical Substance Notifications

Successfully guided specialty chemical company through EPA Premanufacture Notice (PMN) process, resulting in the substance’s addition to the TSCA inventory. Similarly, guided client through Environment Canada’s New Substance Notification (NSN) Process, resulting in the substance’s addition to the Domestic Substances List (DSL). Peripheral support activities included the filing of a Bona Fide Notice to Import or Manufacture, utilizing Inventory Expert Service (IES) to document CAS Registry Name and Number, evaluating feasibility of Polymer Exemption and Reduced Regulatory Requirement (RRR) Polymer registration paths, arrangement of gel permeation chromatography (GPC) testing, assessment of confidential business information and leading discussions with domestic and foreign partners and governments.

Advised Manufacturer on Domestic and International Specialty Chemical Compliance Matters

Represented an international metalworking fluid developer, manufacturer and service provider. Assisted with registrations and compliance for new products and ingredients under applicable state and federal laws, including the recent substantive amendments to the federal Toxic Substances Control Act (TSCA). Also advised on federal and state hazard warning/labeling requirements and on the regulatory/compliance aspects of potential formula and manufacturing process changes.

International trade and enforcement

International Trade Counsel to Multi-National Aerospace and Defense Company

Multi-National Aerospace and Defense Company

Representing a large, multi-national aerospace and defense company and its subsidiaries in Office of Defense Trade Controls Compliance (DTCC), which is part of the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), investigations regarding potential ITAR violations and Bureau of Industry and Security (BIS), which is part of the U.S. Department of Commerce, and investigations regarding potential EAR violations.

Shipman & Goodwin has served as outside counsel to several aerospace and defense manufacturers in connection with U.S. and international trade compliance and enforcement matters, including export control laws and regulations involving the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR), economic sanctions and trade embargoes, Foreign Corrupt Practices Act (FCPA) matters, international anti-corruption, anti-money laundering and anti-boycott matters, and import laws and regulations. Our team recently conducted a comprehensive assessment of an aerospace and defense company’s import valuation processes and procedures to ensure accurate reporting to U.S. Customs and Border Protection.

Comprehensive Investigation of Foreign Person Access to Export-Controlled Technical Data

Conducting comprehensive investigation of foreign person access to aerospace and defense manufacturer’s information technology applications and databases, and preparing related voluntary disclosure for submission to U.S. Department of State Office of Defense Trade Controls Compliance.

U.S. Customs Import Valuation Processes and Procedures

Assessing aerospace and defense manufacturer’s import assists policies and procedures, and making recommendations for effective corrective actions to strengthen import compliance program and ensure accurate reporting to U.S. Customs and Border Protection.

Litigation

Advised Client on National Antitrust Litigation Affecting the Dairy Industry

Agri-Mark, Inc.

Nine years of contentious litigation involving Shipman & Goodwin client Agri-Mark, Inc. came to an end in 2020. A class action lawsuit in the Southern District of Illinois brought by a national class of direct purchasers of cheese and butter alleged that dairy cooperatives, as members of the National Milk Producers Federation’s (“NMPF”) Cooperatives Working Together (“CWT”) program, conspired to increase the price of raw farm milk, butter and cheese, by funding CWT’s voluntary herd retirement program. Separately, retail chain Winn-Dixie Stores, Inc. brought its own antitrust suit in the Middle District of Florida, based on similar allegations. Plaintiffs and Defendant NMPF entered into settlement agreements in both cases in late 2019 and early 2020.

Secured Dismissal of Charges against Manufacturing Client

Represented Defendant, Whelen Engineering Company, manufacturer of audio and visual warning equipment and one of the largest employers in southern CT, in superior court action filed by a former executive alleging breach of contract, intentional infliction of emotional distress, and violation of the Connecticut Unfair Trade Practices Act. Most recently, Shipman prevailed after a multi-day evidentiary hearing in the dismissal of Plaintiff's Motion for Disqualification, in which the presiding judge categorized the plaintiff's claims as "entirely meritless" and refused to restrict Shipman's continued representation of its long-standing client, Whelen. After oral argument by Glenn Cunningham, the Court dismissed all counts against Whelen with the sole exception of the breach of contract claim. The case was subsequently resolved through a formal mediation process.

Patents

Patent Infringement Representation

Mechanical Device Manufacturer

Represented a manufacturer and owner of patented technology for a mechanical awning device.

Favorable Settlement in Patent Infringement Case

Mechanical Device Manufacturer

Represented manufacturer of submersible pump in patent infringement claims against competitors. Secured favorable settlement.

Successful Defense of Patent Infringement Claims

International Industrial Textiles Manufacturer

Represented international company in defense of patent infringement litigation involving claims for manufacturing composite fabrics. Using invalidity analysis obtained favorable settlement before discovery.

Prosecution of Patent Infringement

Schick Manufacturing/Energizer

Patent infringement action by Schick against Gillette related to a patent for the mechanism involved in docking a disposable razor cartridge to the razor handle.

Private equity & mezzanine finance

Mezzanine Financing for Manufacturing Company in the Marine and Vehicle Industries

Representation of a privately-held manufacturing company in connection with the offer and sale to a group of investors of (i) 15% senior subordinated promissory notes in the aggregate principal amount of $12,000,000 and (ii) warrants to purchase approximately 30% of the outstanding units of membership interests of the company on a fully diluted basis after giving effect to the transaction.

Product and tort

National Governmental Firearms Litigation Defense

Firearms Manufacturer

Connecticut Counsel to client in connection with the governmental firearms litigation that was brought in over fifteen jurisdictions throughout the United States.

Trademarks

Trademark and Trade Dress Infringement Case

Publicly Traded International Manufacturer of Printers

Represented manufacturer in an injunction action for trademark and trade dress infringement brought to restrain a competitor from copying the design of electronic components. Competitor agreed to completely redesign infringing parts and to pay attorneys' fees.

Settlement Reached in Trademark Infringement Suit

International Tire Manufacturer

Represented an international tire manufacturer in a trademark infringement suit against a foreign tire manufacturer and a domestic tire distributor. Settlement resulted in the establishment of proprietary worldwide territories and distribution networks.

General

Assisting an International Manufacturer Evaluate its Potential PFAS Exposures and Liabilities on Currently and Formerly Owned/Operated Sites

We are assisting an international manufacturing client evaluate its potential PFAS risks and liabilities in connection with historical fire fighter training areas on currently and formerly owned/operated properties. Our support has included reviewing legacy contracts and insurance and developing a PFAS risk management plan to understand the potential liabilities, estimated costs and potential for cost recovery from the parties that released the PFAS-containing fire-fighting foam. We also assisted the client negotiate a bespoke 10-year pollution legal liability environmental insurance policy, which included sublimited coverage for third-party bodily injury and property damage PFAS-related claims.