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Industrial and Consumer Manufacturing

Industry Team

  • FTC Takes Aim at Banning Non-Compete Clauses
Profile
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People

Harris Beach has been providing legal counsel to manufacturing companies since the firm was founded in 1856. Our Industrial and Consumer Manufacturing Industry Team provides manufacturers with insightful counsel on their most pressing issues including labor and employment, immigration, intellectual property protection, cross-border commerce, sustainability, financing for operations, and economic development incentives.

We are engaged with all aspects of our clients’ operations and know their customers, competitors and suppliers. At Harris Beach, we understand industry-critical issues and help clients successfully work through challenges, including streamlining supply chains, securing project financing and economic development incentives, addressing legal regulatory issues, dealing with international competition and cross-border commerce, conducting labor negotiations, managing mergers, developing distributor and joint-venture relationships, evaluating brand management, and effectively handling product liability.

Our attorneys have developed extensive industry knowledge and insight in many specialty areas of manufacturing, including optics, medical devices, pharmaceuticals, food and beverage, tool and die, industrial equipment, injection molding, automotive and vehicles, consumer goods, precision instruments and new technologies. We counsel clients in a variety of corporate, finance, securities, labor, commercial real estate, environmental, intellectual property, and litigation matters. In addition, our attorneys identify non-legal resources, when appropriate, who can help companies reach their goals. Above all, we understand the need to move faster, think more creatively, and develop new business models to compete in the 21st century.

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Business and Commercial Litigation

The increasingly complex business climate, both nationally and internationally, has created an ever growing demand for effective litigators. As a result, the Business and Commercial Litigation Practice Group at Harris Beach is one of the firm’s largest and fastest growing practice areas. Our firm has a demonstrated track record of successfully handling all types of litigation. We regularly represent clients in everything from straightforward contract disputes to complex intellectual property litigation. Our attorneys have extensive litigation experience in federal and state courts around the country and handle virtually any type of commercial dispute. We also have a strong appellate practice.

Commercial Real Estate and Environmental Compliance

Nearly every manufacturer becomes involved in real estate or environmental issues at some juncture. Harris Beach represents organizations in the acquisition, disposition, development, leasing and financing of commercial real estate. We are very experienced in land use and zoning matters, including appearances before various zoning and planning boards.

The firm provides counsel with respect to clients’ responsibilities, exposures, and liabilities as a consequence of federal, state, and local environmental legislation and regulations. We help our clients interpret applicable New York State Environmental Quality Review Act (SEQRA) and National Environmental Policy Act (NEPA) requirements.

Corporate Planning and Strategic Alliances

Whether a manufacturer is negotiating a strategic alliance, acquiring a business, selling a division, creating a new international joint venture, or planning for succession, Harris Beach attorneys have the experience to provide valuable counsel. We have negotiated large and small joint ventures related to product development and investment from other industry participants. We provide counsel on corporate governance issues, including the creation and review of governing documents, director training, and director liability matters.

A significant part of our practice includes handling general business transactions. Our attorneys support clients with tax planning, contractual matters, intellectual property issues, licensing agreements, warranties, franchising and distributorships, sales contracts, bulk sales, stockholder agreements and antitrust matters.

E-Discovery (E-Info℠)

Our e-discovery attorneys are leaders in the areas of applying dataset analysis and computer-assisted predictive coding to the challenges of complex litigation and investigations. This benefits our clients with substantial improvement in the analysis of their documents while lowering the total cost through increased efficiencies. Our e-discovery predictive-coding solutions are powered by software which acts as an efficiency engine to leverage attorneys’ analytical skills and Technology-Assisted Review (TAR) to increase accuracy in review by up to 70%, dramatically reduce review timeframes by up to 50% and cut client costs by up to 50%.

 

Government Compliance and Investigations

Manufacturers and other business entities have become increasingly subject to government investigations. These investigations, which often result in criminal prosecution, large fines, and extensive public scrutiny, can have a serious and long-lasting effect on an organization. It is critical for organizations to protect themselves from the potentially disastrous results that such investigations can bring. Harris Beach has an experienced multi-disciplinary team and the depth needed to address all issues related to compliance, government investigations and defense. For tenuous or potentially volatile situations, Harris Beach also provides crisis communications services. We work with our clients to develop an effective communications and media strategy, ensuring that sensitive, confidential information is managed with potential legal issues in mind.

Immigration Law

We also offer legal counsel and assist employers with immigration matters. These matters include I-9 compliance; general counsel on immigration benefits; filing and processing permanent US residency and temporary visas, including H-1B, L, O, and TN temporary visas; NAFTA applications; adjustment of status documents; transferee and other corporate immigration benefits related to overseas facilities.

Insurance Litigation and Product Liability Defense

Harris Beach has successfully defended a wide variety of insurance and product liability claims for manufacturers and suppliers. These cases involve consumer products, commercial and industrial products, prescription and OTC products and medical devices. To serve this practice effectively, we collect information on physicians and other experts in an electronic research bank. We routinely work with accident reconstruction experts, biomechanics, engineers, and other professionals to properly defend these types of cases. As a result of having one of the largest health services practices in New York state, Harris Beach has access to leading medical experts from a full breadth of specialties to defend insurance litigation and product liability matters.

Intellectual Property and Litigation

Harris Beach attorneys have the experience, resources, and trial skills to handle complex litigation in patent infringement, trade secret and other intellectual property litigation. Since intellectual property litigation often occurs in federal court, we are able to represent organizations throughout the U.S. Harris Beach is at the forefront of counseling clients on intellectual property protection, as well as enforcing their intellectual property rights. We can register all types of intellectual property rights and can assist in evaluating and managing intellectual property portfolios. Harris Beach prosecutes patents in a wide variety of technologies in the United States, as well as most industrialized countries. Our intellectual property work covers a wide range of technical areas, including medicine, chemistry, biotechnology, electrical engineering, physics, computer science and technology, mechanical and metallurgical engineering, civil structural and process engineering and fluid dynamics.

Labor and Employment Law

Human resources challenges can consume significant management resources. At Harris Beach, our experience can help ease your concerns. In fact, we have one of the largest labor law practices in New York state, handling all aspects of “traditional” labor law, including collective bargaining, union organizing, and labor contract administration. In many instances, we act as in-house HR consultants and address the areas of employment discrimination, employee benefits, occupational safety and health, personnel policies, and employee handbooks.

To help clients succeed, we provide extensive training for supervisors. We teach managers how to evaluate employees, how to oversee employees to avoid overtime lawsuits, and how to create the paper trail needed when employees are separated from employment. Training on sexual harassment and other types of harassment is also frequently provided.

Employment Discrimination

Our attorneys have extensive trial and jury experience in all types of employment discrimination matters, including age, gender, sexual harassment, national origin, race, religion, disability and ERISA claims. We defend employers against unfair employer practice charges, and we handle the appeal of such cases in federal and state courts. Our experience includes claims coming under non-compete agreements or under state or federal “Whistle Blower” laws.

Lobbying Compliance

OSHA Compliance and Defense

Project Financing and Economic Development Incentives

Finding the right location for a new plant and securing important economic development incentives are essential elements for manufacturing profitability. Our attorneys have helped hundreds of businesses utilize economic development tools for maximum impact. Our experience includes working with Brownfield Redevelopment Tax Credits, State Environmental Bond Act funding, New Markets Tax Credits, economic development through condemnation, PILOT Increment and Tax Increment financings, HUD 108 Loans, BEDI Grants, Empire Zone benefits and many other areas that are often overlooked or not fully understood.

Our attorneys work across disciplines to counsel clients on all aspects of site acquisition, zoning, and development approvals, as well as the structuring of financing packages. We bring extensive experience to taxable and tax-exempt transactions, including private placements (with investments by venture capital and other funds), public offerings bond financings, and conventional institutional financings.

Team Leader(s)

Patrick Dalton

Patrick J. Dalton

Member

Team

All Insights, All Publications, Legal Alert |
 January 9, 2023
FTC Takes Aim at Banning Non-Compete Clauses
The FTC released a proposed rule aimed at prohibiting employers from utilizing non-compete clauses in employment agreements....read more
All Insights, All Publications, Legal Alert |
 March 5, 2021
Fifth Circuit Rejects and Remands Phthalate Limit Rule in Children’s Products Back to CPSC
The Consumer Product Safety Commission (the “CPSC”) is tasked with protecting the public from unreasonable risks of injury or death associat...read more
All Insights, All Blogs, Covid-19, Immigration Blog |
 July 24, 2020
I-9 Compliance in a Pandemic World: Advice for Employers
In welcome news for employers, the U.S. Department of Homeland Security (DHS) has once again agreed to extend its exercise of discretion to ...read more
All Insights, All Publications, Covid-19, Legal Alert |
 June 26, 2020
New York, New Jersey and Connecticut Issue Travel Advisory Requiring Quarantines for Travelers from Other States
Following publication of this Alert, Gov. Cuomo issued an Executive Order making an important change to employee leave rights related to vol...read more
All Insights, All Publications, Covid-19, Legal Alert |
 May 21, 2020
New York State Courts to Expand New Lawsuit Filings via NYSCEF and Continue Limited In-Person Reopening Process
By press release and memorandum, the New York State Unified Court System announced that beginning on May 21, 2020, it will permit parties to...read more
All Insights, All Publications, Covid-19, Legal Alert |
 May 15, 2020
New York State Courts to Carefully Reopen In-Person Processes in Thirty Upstate Counties with Restrictions in Place Statewide
By press release, the New York State Unified Court System announced a gradual return to in-person courthouse operations for thirty upstate, ...read more
All Insights, Advisory, All Publications, Covid-19 |
 April 23, 2020
Summary of New York Executive Orders During COVID Pandemic
New York State Gov. Andrew M. Cuomo declared a statewide disaster emergency on March 7, 2020, in direct response to the ongoing COVID-19 pan...read more
All Insights, All Publications, Covid-19, Legal Alert |
 April 9, 2020
Summarizing Gov. Cuomo’s Latest COVID-19 Executive Order – No. 202.14
Gov. Andrew Cuomo issued New York State Executive Order ("EO") No. 202.14, the 15th  EO issued during the COVID-19 state of emergency. These...read more
All Insights, All Publications, Covid-19, Legal Alert |
 April 1, 2020
Emergency Loans Available to Small Businesses Under CARES Act
Congress has acted in support of small businesses in the wake of the COVID-19 pandemic by low-interest federal disaster loans for working ca...read more

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Industrial and Consumer Manufacturing

Industry Team

■ Profile

Harris Beach has been providing legal counsel to manufacturing companies since the firm was founded in 1856. Our Industrial and Consumer Manufacturing Industry Team provides manufacturers with insightful counsel on their most pressing issues including labor and employment, immigration, intellectual property protection, cross-border commerce, sustainability, financing for operations, and economic development incentives.

We are engaged with all aspects of our clients’ operations and know their customers, competitors and suppliers. At Harris Beach, we understand industry-critical issues and help clients successfully work through challenges, including streamlining supply chains, securing project financing and economic development incentives, addressing legal regulatory issues, dealing with international competition and cross-border commerce, conducting labor negotiations, managing mergers, developing distributor and joint-venture relationships, evaluating brand management, and effectively handling product liability.

Our attorneys have developed extensive industry knowledge and insight in many specialty areas of manufacturing, including optics, medical devices, pharmaceuticals, food and beverage, tool and die, industrial equipment, injection molding, automotive and vehicles, consumer goods, precision instruments and new technologies. We counsel clients in a variety of corporate, finance, securities, labor, commercial real estate, environmental, intellectual property, and litigation matters. In addition, our attorneys identify non-legal resources, when appropriate, who can help companies reach their goals. Above all, we understand the need to move faster, think more creatively, and develop new business models to compete in the 21st century.

■ Services

Business and Commercial Litigation

The increasingly complex business climate, both nationally and internationally, has created an ever growing demand for effective litigators. As a result, the Business and Commercial Litigation Practice Group at Harris Beach is one of the firm’s largest and fastest growing practice areas. Our firm has a demonstrated track record of successfully handling all types of litigation. We regularly represent clients in everything from straightforward contract disputes to complex intellectual property litigation. Our attorneys have extensive litigation experience in federal and state courts around the country and handle virtually any type of commercial dispute. We also have a strong appellate practice.

Commercial Real Estate and Environmental Compliance

Nearly every manufacturer becomes involved in real estate or environmental issues at some juncture. Harris Beach represents organizations in the acquisition, disposition, development, leasing and financing of commercial real estate. We are very experienced in land use and zoning matters, including appearances before various zoning and planning boards.

The firm provides counsel with respect to clients’ responsibilities, exposures, and liabilities as a consequence of federal, state, and local environmental legislation and regulations. We help our clients interpret applicable New York State Environmental Quality Review Act (SEQRA) and National Environmental Policy Act (NEPA) requirements.

Corporate Planning and Strategic Alliances

Whether a manufacturer is negotiating a strategic alliance, acquiring a business, selling a division, creating a new international joint venture, or planning for succession, Harris Beach attorneys have the experience to provide valuable counsel. We have negotiated large and small joint ventures related to product development and investment from other industry participants. We provide counsel on corporate governance issues, including the creation and review of governing documents, director training, and director liability matters.

A significant part of our practice includes handling general business transactions. Our attorneys support clients with tax planning, contractual matters, intellectual property issues, licensing agreements, warranties, franchising and distributorships, sales contracts, bulk sales, stockholder agreements and antitrust matters.

E-Discovery (E-Info℠)

Our e-discovery attorneys are leaders in the areas of applying dataset analysis and computer-assisted predictive coding to the challenges of complex litigation and investigations. This benefits our clients with substantial improvement in the analysis of their documents while lowering the total cost through increased efficiencies. Our e-discovery predictive-coding solutions are powered by software which acts as an efficiency engine to leverage attorneys’ analytical skills and Technology-Assisted Review (TAR) to increase accuracy in review by up to 70%, dramatically reduce review timeframes by up to 50% and cut client costs by up to 50%.

 

Government Compliance and Investigations

Manufacturers and other business entities have become increasingly subject to government investigations. These investigations, which often result in criminal prosecution, large fines, and extensive public scrutiny, can have a serious and long-lasting effect on an organization. It is critical for organizations to protect themselves from the potentially disastrous results that such investigations can bring. Harris Beach has an experienced multi-disciplinary team and the depth needed to address all issues related to compliance, government investigations and defense. For tenuous or potentially volatile situations, Harris Beach also provides crisis communications services. We work with our clients to develop an effective communications and media strategy, ensuring that sensitive, confidential information is managed with potential legal issues in mind.

Immigration Law

We also offer legal counsel and assist employers with immigration matters. These matters include I-9 compliance; general counsel on immigration benefits; filing and processing permanent US residency and temporary visas, including H-1B, L, O, and TN temporary visas; NAFTA applications; adjustment of status documents; transferee and other corporate immigration benefits related to overseas facilities.

Insurance Litigation and Product Liability Defense

Harris Beach has successfully defended a wide variety of insurance and product liability claims for manufacturers and suppliers. These cases involve consumer products, commercial and industrial products, prescription and OTC products and medical devices. To serve this practice effectively, we collect information on physicians and other experts in an electronic research bank. We routinely work with accident reconstruction experts, biomechanics, engineers, and other professionals to properly defend these types of cases. As a result of having one of the largest health services practices in New York state, Harris Beach has access to leading medical experts from a full breadth of specialties to defend insurance litigation and product liability matters.

Intellectual Property and Litigation

Harris Beach attorneys have the experience, resources, and trial skills to handle complex litigation in patent infringement, trade secret and other intellectual property litigation. Since intellectual property litigation often occurs in federal court, we are able to represent organizations throughout the U.S. Harris Beach is at the forefront of counseling clients on intellectual property protection, as well as enforcing their intellectual property rights. We can register all types of intellectual property rights and can assist in evaluating and managing intellectual property portfolios. Harris Beach prosecutes patents in a wide variety of technologies in the United States, as well as most industrialized countries. Our intellectual property work covers a wide range of technical areas, including medicine, chemistry, biotechnology, electrical engineering, physics, computer science and technology, mechanical and metallurgical engineering, civil structural and process engineering and fluid dynamics.

Labor and Employment Law

Human resources challenges can consume significant management resources. At Harris Beach, our experience can help ease your concerns. In fact, we have one of the largest labor law practices in New York state, handling all aspects of “traditional” labor law, including collective bargaining, union organizing, and labor contract administration. In many instances, we act as in-house HR consultants and address the areas of employment discrimination, employee benefits, occupational safety and health, personnel policies, and employee handbooks.

To help clients succeed, we provide extensive training for supervisors. We teach managers how to evaluate employees, how to oversee employees to avoid overtime lawsuits, and how to create the paper trail needed when employees are separated from employment. Training on sexual harassment and other types of harassment is also frequently provided.

Employment Discrimination

Our attorneys have extensive trial and jury experience in all types of employment discrimination matters, including age, gender, sexual harassment, national origin, race, religion, disability and ERISA claims. We defend employers against unfair employer practice charges, and we handle the appeal of such cases in federal and state courts. Our experience includes claims coming under non-compete agreements or under state or federal “Whistle Blower” laws.

Lobbying Compliance

OSHA Compliance and Defense

Project Financing and Economic Development Incentives

Finding the right location for a new plant and securing important economic development incentives are essential elements for manufacturing profitability. Our attorneys have helped hundreds of businesses utilize economic development tools for maximum impact. Our experience includes working with Brownfield Redevelopment Tax Credits, State Environmental Bond Act funding, New Markets Tax Credits, economic development through condemnation, PILOT Increment and Tax Increment financings, HUD 108 Loans, BEDI Grants, Empire Zone benefits and many other areas that are often overlooked or not fully understood.

Our attorneys work across disciplines to counsel clients on all aspects of site acquisition, zoning, and development approvals, as well as the structuring of financing packages. We bring extensive experience to taxable and tax-exempt transactions, including private placements (with investments by venture capital and other funds), public offerings bond financings, and conventional institutional financings.

■ People

Team Leaders

Patrick J. Dalton

Member
(585) 419-8607
pdalton@harrisbeach.com

Team

John R. Buhrman

Member
(585) 419-8651
jbuhrman@harrisbeach.com

Patrick J. Dalton

Member
(585) 419-8607
pdalton@harrisbeach.com

Steven P. Nonkes

Member
(585) 419-8847
snonkes@harrisbeach.com

Neal L. Slifkin

Member
(585) 419-8636
nslifkin@harrisbeach.com

Beth Ela Wilkens

Counsel
(585) 419-8645
bwilkens@harrisbeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of March 20, 2023 9:47 pm
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