Manufacturing

Despite the shift to a service-based economy, the manufacturing sector is still a key pillar of the US marketplace. In fact, jobs in the manufacturing sector are moving back to the United States. Our attorneys can help you navigate the business issues that require legal solutions — from the safety and welfare of your employees, to product delivery, to on-shoring or offshoring, to growing your operation.

Ever since the firm was founded in 1933, we’ve been providing manufacturers with sound legal advice. Our multidisciplinary team of attorneys has the insight and know-how to successfully represent you in all areas of your business, including corporate and financing transactions, litigation, employment law, immigration, environmental concerns, and intellectual property issues.

Antitrust
With regulators and enforcement agencies scrutinizing past and present business practices, relationships, and transactions for antitrust issues, it can be hard to know what will raise a red flag. We can counsel you on making business decisions that comply with antitrust laws and regulations, and in the event a state or federal regulator or enforcement agency is investigating you for anticompetitive business practices, our antitrust attorneys can handle the investigation, managing your responses and vigorously defending you. We can also represent through the entire process for mergers, acquisitions, and other transactions that require FTC and DOJ approval.


Corporate
Our job is to help your business achieve its goals. We have represented the corporate interests of manufacturers in everything from completing complex capital-raising transactions to expand operations or fund R&D, to negotiating distribution agreements to enter new markets. Our attorneys handle corporate transactions of all kinds, from mergers and acquisitions to public and private financings, and in a variety of manufacturing sectors.


Employment & Labor
We can counsel you regarding safety and OSHA matters and labor union issues, but it doesn’t end there. We can also be a source for you and your HR department to turn to for advice on employment matters, including policies, workplace issues, employment agreements, compensation and benefits plans, employee disputes, immigration, and compliance with federal and state regulations.


Environmental
We can help you address the environmental compliance requirements associated with your manufacturing processes, including those related to hazardous byproducts, emissions, waste, and disposal methods. We can provide you with comprehensive legal services, whether it’s facility planning and permitting, representation in complex litigation and enforcement actions, or hazardous materials remediation and compliance.


Intellectual Property
We can be your single point of contact to protect your intellectual property assets throughout the world. We can help you defend and enforce the copyrights, trademarks, and patents associated with your products as well as your manufacturing processes and your brand. We regularly counsel our clients on IP matters, including copyright registration, trade and service mark matters, patent applications, portfolio strategy, IP litigation, and licensing of technology and intellectual property.


Litigation
Lawsuits and investigations can have a significant impact on your bottom line and your reputation in the marketplace. The litigation team at Mintz Levin is there to help you manage these risks before they happen, but in the event they do, we work with you to find the best solution for your business. We have successfully represented manufacturers in matters including breach of contract disputes, supply chain disputes, class action lawsuits, employment disputes, and FCPA compliance investigations. Our lawyers also assist clients with consumer product safety issues and compliance domestically and internationally, including responding appropriately when there is a potential hazard or product defect issue.


Real Estate & Facility Development
Our team can provide that legal help you need to close a real estate transaction or finance a new a facility expansion or development. Our real estate attorneys can guide you through a transaction or project from start to finish, including representation on site location planning, zoning, leasing, and sale and leaseback strategies. We have existing relationships with developers, landlords, lenders, and investors, which we can draw upon to help you with your real estate strategy.

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Nancy J. Sterling, APR

Nancy J. Sterling, APR

ML Strategies - Senior Vice President, Strategic Communications

Corporate

  • Represented Reveal Imaging Technologies, Inc. in its sale to Science Applications International Corporation (SAIC) on behalf of a premier investor group.
  • Represented Alloy, Inc. in the $36 million sale of its FrontLine in-store marketing division to Acosta Sales & Marketing.
  • Represented AIM listed special purpose acquisition company (SPAC) International Consolidated Minerals, Inc., formerly Platinum Diversified Mining, Inc., in its $250 million acquisition of International Consolidated Minerals Limited.

Employment & Labor

  • Assisted many public and private employers in the professional services, construction, manufacturing, and health care industries with affirmative action plans and audits.
  • Defeated Teamster union organizing at a mining and construction company in Kentucky.
  • Negotiated concessions with a labor union on behalf of our client, a manufacturing company in bankruptcy in Chicago.
  • Obtained labor arbitration award upholding 31 terminations on behalf of our client, a manufacturer in Ohio with a unionized workforce.
  • Provide ongoing counsel to manufacturers on the applicability of OSHA (and NIOSH) standards, policies, and procedures.
  • Successfully contested and defended employers where OSHA had issued citations and penalties.
  • Successfully represented manufacturers during OSHA inspections and investigations, including numerous multiworksite and employee fatal accident cases.

Environmental

  • Represented a concrete manufacturer in connection with the resolution of allegations of violations of the Wetlands Protection Act and the Solid Waste Disposal Act at several facilities.
  • Represented a multistate concrete and asphalt company in criminal and civil investigations under the Clean Water Act, including resolution by a consent decree under which the company paid a civil penalty and successfully implemented an environmental management program. The company has since received numerous awards for green practices.

Intellectual Property

  • Obtained a successful initial determination and final determination at the US ITC of no infringement and invalidity in a five-patent case filed against our client in the semiconductor manufacturing industry.
  • Successfully defended a consumer products company against claims of patent infringement and demonstrated that the plaintiff’s patent is unenforceable.
  • Won a decisive victory for the leading manufacturer of indoor tanning lotions against a website that was selling its tanning lotions online in violation of the company’s distribution agreements and federal trademark law. After a five-day trial, a jury in the Eastern District of New York returned a $6 million verdict against the online company and found in favor of our client on its claims for tortuous interference with contract and trademark infringement.

Litigation

  • Ongoing consumer privacy advice (online and offline) to a manufacturer / supplier of nontoxic household products.
  • Received an extremely favorable arbitration award on behalf of a global manufacturer. We were retained to initiate arbitration against another manufacturer when it defaulted on its contract obligations. We filed the claim and sought damages of $18.2 million. Our team received a statement of decision awarding our client $18.3 million in damages, plus $3.7 million in interest and attorneys fees.
  • Recovered significant damages for one of the nation’s premier tire companies and obtained the destruction of the infringer’s tire molds.
  • Represented a high-level executive of a global security company manufacturing military weapons and electronics. The DOJ was investigating alleged bribes paid to Korean officials in exchange for the purchase of military F-16 fighter aircraft. The investigation concluded successfully for our client.
  • Represented a manufacturer in connection with FCPA issues related to its distributorship agreement in India.
  • Successfully defended a leading worldwide manufacturer and distributor of athletic footwear and apparel (and its parent company) in litigation threatened by its Taiwanese distributor as a result of the parent’s acquisition of the subsidiary and the alleged damages that transaction allegedly caused to the distributor. In the face of a $23 million demand by the plaintiff, we were able to resolve the matter for just a fraction of the demand, a result very favorable to our client.
  • The SEC charged our client, a former CEO of a semiconductor company, with securities fraud related to alleged stock options backdating. The US Attorney’s Office simultaneously unsealed an indictment charging our client with criminal tax evasion relating to the same stock option exercises challenged by the SEC, and civil plaintiffs brought, on behalf of the company where our client served as CEO, a short-swing insider trading liability case against him in federal court in Delaware. After extensive pretrial briefings and hearings — followed by a six-week jury trial — the jury acquitted our client in the criminal case.
  • Won a decisive victory for the leading manufacturer of indoor tanning lotions against a website that was selling its tanning lotions online in violation of the company’s distribution agreements and federal trademark law. After a five-day trial, a jury in the Eastern District of New York returned a $6 million verdict against the online company and found in favor of our client on its claims for tortuous interference with contract and trademark infringement.

Real Estate & Facility Development

  • Represented a joint venture between a manufacturer of analytic instruments and a manufacturer of energy products in a $22 million leveraged lease and a $59 million bond financing for a waste-to-energy facility in Massachusetts.
  • Represent Broadcom Corporation in connection with its corporate leasing worldwide, including coordination and supervision of local counsel throughout EMEA and APAC, and the recent lease of a headquarters facility in Bangalore, India, which is the largest Broadcom facility outside of the United States.
  • Representation of a major manufacturer in its acquisition of a 90-acre site in Devens, Massachusetts, for the development of a $1.1 billion, state-of-the-art biologic manufacturing facility.

Representative Clients

  • Adlens Ltd.
  • Cargill
  • Dana Corporation
  • General Electric Company
  • INEOS Bio
  • Luminus Devices, Inc.
  • SpectraSensors, Inc.