Shumaker Manufacturing

A Legal & Industry Review


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.

 


Feds Shine a Light on Medicare Advantage Plans and Physicians Related to Risk Adjustment Practices

Although the sufficiency of medical records documentation supporting beneficiary diagnoses for Medicare Advantage (MA) risk adjustment has been on the OIG’s work plan since 2013, the Department of Justice has upped the ante with a 2016 physician criminal conviction and recent intervention in two qui tam cases related to MA risk adjustment. These initiatives allege that MA plans made false claims by submitting diagnoses for risk adjustment that were unsupported by medical documentation or medical condition and that both insurers and providers engaged in a variety of questionable practices.

Follow the link to read more of the Client Alert, “Feds Shine a Light on Medicare Advantage Plans and Physicians Related to Risk Adjustment Practices”, authored by partner Kelly A. Leahy and associate Rachel B. Goodman of Shumaker, Loop & Kendrick, LLP.


“Employee ‘No Poaching’ Agreements Meet the Antitrust Laws: Protection of Employees in the New Economy”

For centuries employers have maintained a strong interest in trying to protect their most valuable asset, their key employees, from solicitation by and loss to other employers, especially competitors. As a result, “no poaching” (i.e., “we agree to not solicit or hire each other’s employees”) agreements have become prevalent, not only in contracts between competitors, but also in many vendor/buyer agreements.  

Follow the link to read more of our Insights article, “Employee ‘No Poaching’ Agreements Meet the Antitrust Laws: Protection of Employees in the New Economy”, authored by partner Michael Briley of Shumaker, Loop & Kendrick, LLP’s Toledo office.

 


“The Uniform Voidable Transactions Act in a Nutshell”

The UVTA reflects an update to creditors’ rights law, and serves as a reminder that as transactions become more sophisticated, creditors, too, must be vigilant in protecting their rights. As transactions continue to expand beyond state and country lines, creditors of the parties involved must understand the consequences of such expansion. Creditors in all jurisdictions, especially those without the UVTA, must be increasingly aware of how a debtor can force a creditor to seek relief under the law of a pro-debtor location.

Follow the link to read more of our Insights article, “The Uniform Voidable Transactions Act in a Nutshell”, authored by Tampa partner David Slenn and Sarasota partner Mark Hildreth at Shumaker, Loop & Kendrick, LLP.