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Manufacturing

 Jessica J.O King photo
jking@williamsmullen.com
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Williams Mullen provides comprehensive legal, economic development and government relations solutions to manufacturers in the Southeast U.S. We help our manufacturing clients compete globally by decreasing their exposure to liability, reducing initial and long-term costs, minimizing the impact of various regulations, identifying and enabling access to new markets and materials and protecting their innovations and other intellectual property.

As long-time counselors to the industry, we have advised an array of traditional and advanced manufacturers that produce a wide spectrum of products. 

We can help you:

  • Streamline corporate relocation and expansion projects and reduce initial costs.
    We routinely advise on economic development incentives; real estate solutions; labor and employment issues, including immigration visas; and the necessary environmental permits.
  • Protect valuable intellectual property. 
    Our attorneys manage and advise on the strategic use of IP portfolios; analyze, prosecute and enforce critical patents, trademarks, copyrights and trade secrets; conduct infringement analysis and risk mitigation; prepare noncompetition, confidentiality and nondisclosure agreements; license or sell intellectual property assets; and enforce rights through mediation, arbitration and litigation.
  • Navigate environmental permitting, compliance and due diligence efforts. 
    We leverage our thorough understanding of our client’s business, a comprehensive knowledge of environmental law and a familiarity with the regulators and their procedures to provide creative and flexible solutions to permitting and compliance issues and potential environmental risks. Our Environment & Natural Resources attorneys’ experience includes assisting manufacturers with obtaining air and water permits, including PSD, Title V, and NPDES, and Clean Air Act and Clean Water Act compliance and enforcement issues. They navigate permitting, closure and post-closure care of solid and hazardous waste landfills as well as advise clients conducting investigation and remediation of contamination under CERCLA, RCRA corrective action, and state voluntary cleanup programs.
  • Execute your workforce strategy and contend with day-to-day HR issues. 
    We advise manufacturers on the full spectrum of human resources issues, including obligations under minimum wage, overtime and record-keeping requirements, proposed personnel actions (discipline, discharge and reduction in force), employment agreements and restrictive covenant contracts and enforcement, employment policies and handbooks, corporate employment training and education seminars, and COVID-related health and safety measures for the workplace. Our lawyers advise, counsel and work to resolve OSHA complaints and citations.We provide counsel on diversity initiative management and affirmative action plans and defend government contractors in DOL/OFCCP compliance audits relating to their affirmative action programs.Attorneys at the firm represent management in all areas of employment litigation, including before federal and state administrative agencies, in arbitration, and in state and federal trial and appellate courts across the U.S.
  • Navigate union campaigns and relationships. 
    We represent employers facing threats of unionization, as well as employers dealing with managing organized workforces. Our attorneys help clients develop strategies to maintain union-free workplaces, provide advice in the course of initial organizing and decertification election campaigns, defend companies charged with committing unfair labor practices, negotiate collective bargaining agreements, and arbitrate grievances arising under those agreements.
  • Secure access to global talent. 
    Our attorneys obtain essential visas for key executives, managers, investors and skilled workers, while streamlining processing, reducing cross-border transfer costs and ensuring compliance with U.S. Homeland Security regulations and the use of programs like E-Verify. In addition, our attorneys are highly experienced in assisting foreign companies in opening offices in the U.S. and in navigating the “new office” L-1 visa process for incoming executives and managers.
  • Provide employee benefits solutions for the modern workforce.
    We develop retirement plans that help manufacturing companies reduce costs and balance sheet volatility; wellness initiatives and other strategies promoting a healthy workforce that comply with federal laws and regulations; and executive benefits, agreements and stock based compensation plans that attract and retain key employees.
  • Enhance profitability through tax planning. 
    Our attorneys provide counsel on transactions involving Virginia state and local income tax, sales and use tax, property tax, machinery & tools tax, and business license tax issues. We also provide guidance on tax credits and exemptions that may be available to manufacturers and processors in Virginia. We routinely perform due diligence in an M&A context regarding the purchase of manufacturing companies to identify tax compliance issues.
  • Grow market share via exporting. 
    We advise on international regulatory issues; document agreements with international distributors, sales representatives and joint ventures; and harness the tax benefits available for investing in manufacturing and exporting in the United States, including IC DISC structuring and strategic transfer pricing.
  • Establish overseas manufacturing operations.
    Firm attorneys identify target countries; perform analyses of tariffs and other import duties; form subsidiaries, branches and representative offices; advise on foreign trade zones, subzones and other local preferences; and assist with financing overseas plant development and the acquisition of foreign manufacturing facilities.
  • Identify the best sources for materials and components. 
    We identify the best sources for materials and components based on the most favorable import duties and tariffs, tax considerations and investment rules, as well as strategic transfer pricing methodologies.
  • Minimize and manage litigation risk.
    Our lawyers evaluate legal risks associated with new products; analyze and prepare on-product warnings; and defend product and premises liability lawsuits, including toxic tort suits concerning a variety of products, providing representation for liability-related issues.
     
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