Manufacturing

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Bowditch & Dewey has been representing manufacturers and distributors for over 100 years.
 
As the landscape for our clients has changed, we have changed with it. Our Manufacturing client service group is a team of attorneys from across the spectrum of legal disciplines, assembled with a single purpose: to provide our manufacturing and distribution clients with the guidance they need to grow and prosper. Our focus is on helping our clients solve problems and take advantage of opportunities.  To do that, we take the time to get to know your business and your industry. That allows us to give you not only the right legal answer to your problem, but the best advice for your business. Here is just a sampling of the types of problems and opportunities.

We assist our manufacturing and distribution clients with on a regular basis:

Corporate Structure

  • Business formations and reorganizations
  • Shareholder agreements
  • LLC operating agreements
  • Owner disputes
  • Joint ventures
  • Corporate and LLC governance
  • Formation and management of stock option plans, ESOPs and LLC incentive plans
  • Family business issues
  • Reorganizations and recapitalizations


Financing

  • Bank and other debt financing
  • Equity financings
  • Raising capital through public finance vehicles, including Industrial Development Bonds
  • Equipment leasing involving multiple parties and locations
  • Workout arrangements with lenders


Managing Human Assets

  • Employment audits, compliance, advice and counseling
  • Defense of all employment related disputes
  • Protection of intellectual capital from employee misuse
  • Defense and prosecution of non-compete, non-disclosure and non-solicit agreements
  • Affordable Care Act compliance
  • Draft employment policies, handbooks, offer letters, employment agreements and other employment related documents
  • Union organizing drives
  • Grievance arbitration
  • NLRB actions regarding elections and unfair practices
  • Labor contract negotiations
  • Employee benefits
  • Immigration services
  • OSHA proceedings


Protecting and Commercializing Intellectual Assets

  • Patenting technology
  • Draft non-disclosure, non-solicit and non-compete agreements
  • Non-compete, trade secret and non-solicit litigation
  • Patent and trademark litigation
  • Research & development contracts
  • Licensing & technology transfer
  • Trademark & copyright registrations
  • Marketing agreements


Developing and Managing Real Estate Assets

  • Leasing
  • Permitting and developing new facilities
  • Brownfields development
  • Real estate finance
  • Construction contracts
  • Construction litigation
  • Environmental and land-use litigation
  • Energy efficiency initiatives, including solar installations
  • Energy purchase contracts


Operations and Compliance

  • Product and supply distribution contracts
  • Commercial transactions
  • Toxic torts and other environmental litigation
  • Antitrust issues
  • Creditor bankruptcy issues


Expansion or Disposition

  • Expansion financing
  • Business succession planning
  • Mergers and acquisitions
  • Sale of business assets or stock
  • Bankruptcy and alternative liquidations


Wealth Management Services for Owners and Senior Managers

  • Estate and gift planning
  • Financial and tax planning
  • Insurance planning
  • Investment management


Representative Experience

  • Represent high-end pump manufacturer in connection with all of its labor and employment needs. We also represent this client on all of its corporate and products liability matters.  
  • Represent a global manufacturer of aerogel insulation on labor and employment issues, including non-compete and non-solicit matters. 
  • Represent a manufacturer of stainless steel needles and tubes on all of its non-compete and employment matters.
  • Working hand-in-hand with clients, such as a cutting tool manufacturer, a global supplier of high-value, engineered systems, a printed paperboard packaging vendor, and a supplier of mechanical accessories, to address personnel issues related to leaves of absence, discipline, reorganizations, reductions-in-force and disability accommodation issues so that clients can satisfy their legitimate business needs, while minimizing their legal exposure.
  • Successfully defended a cutting tool manufacturer, as well as a global supplier of high-value, engineered systems, both of which were facing significant legal exposure and potential damages related to corporate reorganizations, reductions-in-force, senior executive terminations and leave and accommodation issues, as well as alleged OSHA violation claims.
  • Successfully prosecuted and defended non-compete and non-solicitation claims involving critical senior executives in state court. In both types of situations, we were able to protect the significant business interests of our clients.
  • Successfully negotiated a collective bargaining agreement with the United Steelworkers that relaxed work rules and reduced overtime costs, thereby increasing our client’s ability to be competitive in its market.
  • Provided in-house training for senior executives and managers from a cutting tool manufacturer, a global supplier of high-value, engineered systems, and a printed paperboard packaging vendor on cutting-edge employment law issues.
  • Successfully defended grievances for a cutting tool manufacturer and an office furniture manufacturer involving outsourcing of work, alleged violation of work rules and terminations of employees for disciplinary reasons.
  • Draft employment agreements, employee handbooks, policies, and other employment documents for a global supplier of high-value, engineered systems and a printed paperboard packaging vendor.
  • Represented a specialty chemical manufacturer in the transfer of the ownership of U.S. and foreign trademarks.
  • Represented a manufacturer of saws and tools for processing wood, paper, and metal in the transfer of the ownership of U.S. and foreign trademarks following corporate reorganization.
  • Represented a manufacturer of saws and tools for processing wood, paper, and metal in the transfer of the ownership of U.S. and foreign trademarks following corporate reorganization.
  • Represented a distributor of specialty yarns in the acquisition of trademark protection for branding new products.
  • Provide multi-state training for supervisors and managers on employment laws, including identifying and responding to harassment and discrimination, workplace bullying, accommodations of individuals with disabilities and leaves of absence.
  • Implement personnel policies and procedures, including reporting of workplace injuries and illnesses and compliance with safety regulations.
  • Obtained lack of probable cause finding from the MCAD in age discrimination and disability claim brought by long-term worker terminated for performance issues.
  • Obtain temporary working visas for engineers.