Shumaker Manufacturing

A Legal & Industry Review


“The Long Arm of the Law: Avoidance Actions Without Borders”

A June 2018 Bankruptcy Court decision in the Southern District of New York (SDNY) held that foreign companies with no presence in the U.S. were subject to default judgments.

Foreign-based companies doing business in the U.S., and foreign affiliates of U.S. companies, are routinely counter-parties to a variety of commercial contracts in the U.S. Given the vicissitudes of financial and economic conditions, it is inevitable that such companies will occasionally encounter the insolvency of their counter-party. The insolvency could be pursuant to a Chapter 11 filing in the U.S. Increasingly, insolvencies are pursuant to foreign insolvency proceedings. A foreign insolvency proceeding may precipitate the filing of a Chapter 15 (of the U.S. Bankruptcy Code), which is an ancillary proceeding to assist the foreign insolvency estate regarding U.S. assets, claims and related issues.

Follow the link to read more of the Client Alert, “The Long Arm of the Law: Avoidance Actions Without Borders”, authored by partner David H. Conaway of Shumaker, Loop & Kendrick, LLP.

David Conaway is the Chair of Shumaker’s Bankruptcy, Insolvency and Creditors’ Rights Practice and Co-Chair of Shumaker Global and Shumaker Manufacturing. His focus is representing manufacturing companies regarding a variety of issues involving customers and the supply chain, including commercial and financial contracts, disputes, insolvency; and cross-border transactions, litigation and insolvency. David advises clients and handles matters throughout the U.S. and represents numerous foreign-based clients regarding U.S. issues, and U.S. companies doing business globally.


Automating the Food and Drink Industry

According to a market research report by Association for Packaging and Processing Technologies entitled Trends in Food Processing Operations, half of the companies surveyed will be increasing their level of automation over the next three to five years. Despite this, many manufacturers admit they don’t know where to start. This article explores how automation can benefit food and beverage facilities.

Many industries have already made the jump to automated processes. However, it’s only been in recent years that the food and beverage industry has begun to truly explore what automation and robotic technology has to offer. 

Follow the link to read more of the article “Automating the Food and Drink Industry”, written by Nigel Smith, CEO of TM Robotics, and featured on Automation.com.

 

 


Sustainability: Some United States and European Comparisons

Politics and the popular press rely on slogans and generalizations.  One popular international viewpoint is that the United States has moved away from commitments to reduce carbon emissions.  This is understandable in light of certain policy statements from the Trump administration, such as pulling out of the Paris accords and rescission of the Clean Power Plan, and other environmental regulations applicable in the United States.

Nevertheless, the United States continues to rapidly move from electricity generation from coal. Over all, the United States has and continues to reduce carbon in carbon emissions.  This result is counter to the expectations for a complex set of reasons.  However, with regard to use of coal for electricity generation, there are several identifiable factors.  Some of these are:  overabundance of natural gas production and record low natural gas prices relative to coal; corporate acceptance of “sustainability” as a corporate and social value; regional policies in different states in the United States on electricity pricing; local and federal subsidies for  renewables; and state renewable energy portfolio standards.

Follow the link to read more of the article “Sustainability: Some United States and European Comparisons”, written by partner Louis E. Tosi of Shumaker, Loop & Kendrick, LLP’s Toledo office.

This article is featured on the website of Globaladvocaten, an international network of leading law firms which Shumaker is a member of.


Chain Reaction

Additive manufacturing, also known as 3-D printing, is a win-win for people who restore classic cars and the companies that made them. 

While additive manufacturing is usually the most expensive way to make any part, it makes economic sense for supply chains. Which is why manufacturers of everything from aircraft and rolling stock to appliances, industrial equipment, and medical devices are looking at 3-D supply chain solutions—as are the U.S. Marines and UPS. 

Click here to read more of the article written by Alan S. Brown, Senior Editor, Mechanical Engineering Magazine.

 


Hyundai Can’t Escape Antitrust Claims According to Federal Judge in North Carolina

The United States District Court for the Western District of North Carolina has denied plaintiffs Hyundai Motor Company’s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (#36). This means that Defendant DTI, Inc. may proceed with its antitrust, false advertising, and unfair competition counter claims against Hyundai.

Follow the link to read more of the press release featuring I.P. attorneys W. Thad Adams, III, Kathryn A. Gromlovits, Samuel A. Long, Jr., and Christina Davidson Trimmer of Shumaker, Loop & Kendrick, LLP’s Charlotte office.

 


“New Amazon Brand Registry Released – A Tool for Brand Protection”

It’s not uncommon for businesses to feel frustrated in trying to protect their products/brands on Amazon from trademark infringers. Many believe that there’s a lack of control over their product listings, and that third parties can too easily use such listings to sell counterfeit goods.

 To address these concerns, Amazon recently updated its Amazon Brand Registry Program for sellers who manufacture or sell their own branded products. Amazon advertises that enrollment in this program “helps you protect your registered trademarks on Amazon and create an accurate and trusted experience for customers,” and that a registrant would have “access to powerful tools including proprietary text and image search, predictive automation based on [the registrant’s] reports of suspected intellectual property rights violations, and increased authority over product listings [containing the registrant’s] brand name.”

 Follow the link to read more of the Client Alert, “New Amazon Brand Registry Released – A Tool for Brand Protection”, authored by partner Doug Cherry of Shumaker, Loop & Kendrick, LLP.

 


“Chapter 15: A Sword and a Shield”

A U.S. company doing business globally will inevitably encounter issues with its foreign customers or counter-parties in the supply chain. Such issues include a foreign insolvency proceeding of such customer or counter-party in their “home” country. Since there is no uniform global insolvency law, the outcome for the U.S. company is primarily dependent on the insolvency law in the foreign jurisdiction, which will be quite different from Chapter 11, the primary insolvency law in the U.S.

Follow the link to read more of the Client Alert, “Chapter 15: A Sword and A Shield”, authored by partner David H. Conaway of Shumaker, Loop & Kendrick, LLP.

David Conaway is the Chair of Shumaker’s Bankruptcy, Insolvency and Creditors’ Rights Practice and Co-Chair of Shumaker Global and Shumaker Manufacturing. His focus is representing manufacturing companies regarding a variety of issues involving customers and the supply chain, including commercial and financial contracts, disputes, insolvency; and cross-border transactions, litigation and insolvency. David advises clients and handles matters throughout the U.S. and represents numerous foreign-based clients regarding U.S. issues, and U.S. companies doing business globally.