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Manufacturing

If you are running a manufacturing company, you know that it’s important to have trusted legal advisors to help you navigate today’s complex business, legal and regulatory landscape.  That way you can focus on what you do best – manufacturing and selling your products.

Attorneys from Wendel Rosen’s Manufacturing practice represent companies that produce consumer, wholesale and specialty products ranging from computer hardware to artisan food.  Our diverse client list has included manufacturers of food and beverage products, bicycles and bicycle components, garden and pet products, videographic products, asphalt roof shingles, used oil recycling, and numerous other manufactured goods.  With clients ranging from small local companies to large national corporations, we’re ready to right-size the legal services you need, just in time.

Each manufacturing company’s market and business model is unique.  Following are a number of the areas in which we frequently provide legal services to companies in the manufacturing space, including contract negotiation and documentation; dispute resolution including mediation, arbitration and litigation; and regulatory compliance.  So whether helping you to set up a distribution contract, resolving a wage and hour dispute, or protecting your intellectual property, we’re here to help you cultivate a thriving business.


Business Issues

  • Entity formation, organization, franchising
  • Shareholder and corporate governance, ownership and investor agreements
  • Succession planning, sale and transfer of assets
  • Key personnel, contracts and executive compensation
  • Intellectual property - trade secret, copyright and trademark registration, transfers, licensing and protection
  • Insurance protection and coverage litigation
  • Capitalization, venture capital and debt financing, and Small Business Administration loans
  • Internet marketing and electronic transactions
  • Bankruptcy, creditors’ rights, insolvency and reorganizations


Common Business Negotiations & Agreements

  • Licensing
  • Confidentiality
  • Co-packaging
  • Distribution
  • Sales and marketing
  • Supply chain issues
  • Equipment leases
  • Raw materials
  • Product liability


Employment

  • Employee safety, OSHA, workers’ compensation
  • Employment counseling and litigation
  • Employment contracts and nondisclosure agreements
  • Incentive compensation
  • Wage and hour matters
  • Employee benefit plans and employee handbooks, policies and manuals
  • Leaves (military, family, etc.) provisions and compliance
  • Employee discipline matters
  • Reduction in force, severance and separation agreements
  • Collective bargaining and National Labor Relations Bureau
  • Unfair business practices and competition matters
  • Diversity and anti-sexual harassment compliance courses supervisor training
  • Advocacy in court and before administrative and regulatory bodies, including the California Labor Commissioner, California Department of Fair Employment and Housing, and the U.S. Equal Employment Opportunity Commission.
  • Defending employee claims of discrimination and harassment
  • I-9 Compliance and ICE audits


Regulatory Compliance

  • Federal and state "Truth-In-Advertising" laws
  • Product manufacturing and labeling laws
  • Environmental permits and restrictions
  • Prop 65 warning requirements
  • Green building, recycling and waste management
  • Americans with Disabilities Act provisions
  • ERISA and COBRA compliance and fiduciary obligations
  • Employment law
  • Federal and Blue Sky securities registrations, compliance and exemptions
  • Securities, secured and unsecured financing transactions


Environmental

  • Compliance and permitting involving air emissions, carbon emissions, waste water, storm water, hazardous materials management, underground storage tank removal and closure, hazardous waste disposal and recycling, release reporting
  • Environmental due diligence for business and real estate transactions
  • Contamination remediation, including agency approvals, CERCLA cost recovery litigation, insurance coverage
  • Proposition 65 compliance and litigation, including worksite warnings
  • Defense and resolution of agency and citizen enforcement actions under environmental laws and permits
  • Emergency planning, community right-to-know and occupational safety
  • Compliance with emerging green chemistry laws
  • Assistance with facility expansion, including CEQA compliance, entitlements, wetlands and endangered species
  • Issues related to climate change, greenhouse gases, and cap-and-trade developments


Real Estate and Land Use

  • Leasing
  • Facility acquisition, expansion and disposition
  • Unlawful detainer actions
  • Financing
  • Easements, restrictions and CC&Rs
  • Due diligence
  • Land use, permits, entitlements and licenses
  • CEQA environmental review
  • Construction, architectural and engineering negotiations and contracts
  • Construction defects and disputes


Green Business Considerations