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Business Litigation Lawyers for Manufacturing Companies

Manufacturing companies face a host of litigation risks on a day-to-day basis. Our lawyers defend manufacturers in all industries against individual-plaintiff, multi-district, and class action claims.

Manufacturing is a high-risk, high-reward business. While manufacturers have more opportunities than ever in today’s economy, the threat of litigation is much greater as well. Even if companies take adequate steps to mitigate their litigation risk, they cannot avoid litigation entirely, and they must be prepared to engage legal counsel when necessary.

Our firm serves as strategic litigation counsel to manufacturing companies in all industries. We exclusively employ senior-level attorneys with extensive litigation experience, and many of our attorneys have been litigating in the federal courts for decades. We are intimately familiar with the legal risks manufacturers face on a day-to-day basis, and we also understand that it will often be in companies’ best interests to resolve disputes efficiently and without litigating through trial.

Of course, in some cases, litigating through trial is necessary. When we need to go to trial in order to protect our manufacturing clients’ interests, we call upon our attorneys’ centuries of collective experience to deliver effective representation in the courtroom. We advance our clients’ interests through all legal means available, and we preserve our opportunities to appeal the court’s verdict should it be necessary to do so.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden

Founder

Attorney-at-Law

John W. Sellers
John W. Sellers

Former Senior Trial Attorney
U.S. Department of Justice

Local Counsel

Joanne Fine DeLena
Joanne Fine DeLena

Former Assistant U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney & Former District Attorney

Local Trial & Defense Counsel

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Aaron L. Wiley
Aaron L. Wiley

Former Federal Prosecutor

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (OIG)

Michael Koslow
Michael Koslow

Former Supervisory Special Agent (FBI)

Chris Quick
Chris Quick

Former Special Agent (FBI & IRS-CI)

Kevin M. Sheridan
Kevin M. Sheridan

Former Special Agent (FBI)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

Dennis A. Wichern
Dennis A. Wichern

Former Special Agent-in-Charge (DEA)

Cases We Handle for Manufacturers

Oberheiden P.C. is a law firm with experienced business litigation lawyers for manufacturing companies. We represent manufacturers in all types of civil and commercial litigation. We also represent manufacturers in federal enforcement proceedings—and many of our senior attorneys are former federal prosecutors with high-level experience on both sides of these cases. Regardless of the legal issues your company is facing, our lawyers have the skills, capabilities, and resources required to litigate cases ranging from two-party contract disputes to federal enforcement actions to nationwide class action litigation.

The types of litigation we handle on behalf of manufacturers include the following:

Contract Disputes with Customers

Manufacturing companies can face contract disputes with their customers for a multitude of different reasons. We represent manufacturers in disputes involving allegations of deficient performance, use of substandard materials, failure to manufacture to specification, warranty claims, indemnification claims, and all other manufacturing-related issues. We also represent manufacturers in litigation when they need to enforce their contractual right to payment after delivering products to their customers (or their wholesalers or distributors).

Contract Disputes with Vendors and Suppliers

Like all companies, manufacturers rely heavily on their vendors and suppliers in order to deliver products to their customers on time and according to specification. When vendors and suppliers fail to perform, legal action will often be necessary. We represent manufacturing companies as plaintiff’s counsel in litigation initiated against their suppliers and vendors, and we serve as defense counsel for litigation involving payment disputes and other related matters.

Contract Disputes with Wholesalers and Distributors

Manufacturers will frequently face contract disputes with wholesalers and distributors as well. We serve as plaintiff’s counsel and defense counsel for manufacturers in litigation with wholesalers and distributors, and our practice encompasses claims ranging from indemnification and third-party claims in product liability litigation to direct actions filed by and against these companies.

Intellectual Property Litigation

Due to the nature of their business, manufacturing companies will also frequently find themselves involved in intellectual property (IP) litigation. We represent manufacturers as both plaintiffs and defendants in patent, copyright, trademark, and trade secret matters. If a competitor is infringing on your company’s patents, we can seek emergency relief, a permanent injunction, and damages in federal court. If your company is being accused of misappropriating third-party IP assets, we can defend your company by all means available.

Other Commercial Disputes

In addition to contract and IP disputes, we represent manufacturing companies in all other types of commercial disputes. This includes everything from tortious interference claims to litigation involving banks and other financing entities. If a commercial dispute of any type is threatening to disrupt your company’s operations or threatening its viability as a going concern, our senior litigation attorneys can craft an effective litigation strategy and efficiently pursue a favorable resolution.

Shareholder Litigation

We represent manufacturing companies in all types of shareholder litigation. This includes disputes among shareholders in privately-held corporations, minority-majority shareholder disputes, and shareholder derivative litigation involving both public and private companies. Shareholder litigation presents unique issues and challenges for companies, and surviving these types of disputes without unnecessary financial or reputational harm requires a skilled and strategic approach.

Product Liability Litigation

Manufacturers are frequent targets in product liability litigation. Even if a manufacturer is not responsible for designing a defective product, it can still potentially face liability based on either (i) a defect in the manufacturing process, or (ii) the “chain of distribution” theory that applies to product liability claims. We have extensive experience in product-related litigation of all types; and, in addition to defending your company in court, we can pursue actions for indemnification, warranty liability, and insurance coverage as appropriate.

Tort (Negligence) Litigation

Manufacturers can also face liability for product-related claims based on the law of negligence (as opposed to the law of “strict liability” that applies in product defect litigation). Our lawyers provide effective defense representation for negligence-based claims as well, including individual-plaintiff, multi-district, collective, and class action claims in mediation, arbitration, and federal district court.

Federal Enforcement Proceedings

A significant portion of our practice is devoted to representing companies in federal enforcement matters. This includes matters that are both civil and criminal in nature, and it includes providing representation at all stages—from investigation through trial and appeal. Our lawyers’ experience includes providing successful defense representation for companies in matters involving the U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Federal Trade Commission (FTC), Securities and Exchange Commission (SEC), and numerous other federal agencies.

Strategic, Results-Oriented Litigation Counsel for Manufacturing Companies

Whether we are serving as plaintiff’s counsel or defense counsel, and whether we are providing representation in a commercial dispute or large-scale class action litigation spanning across the country, we take the same strategic, results-oriented approach to representing our clients. We have cross-border capabilities as well, and we have significant experience working with both U.S. companies facing litigation overseas and foreign companies facing litigation on U.S. soil.

Regardless of the nature and scope of your company’s litigation needs, Oberheiden P.C. is up to the task. Our senior lawyers are more than capable, and our results speak for themselves.

FAQs: Litigation in the Manufacturing Sector

Can a Manufacturer Be Held Liable for a Defective Product Designed By Another Company?

 

Generally speaking, yes. The “chain of distribution” theory allows plaintiffs to seek damages from any company that is involved in putting a defective product on retail shelves. This is true even if a company (i.e. a manufacturer) is not directly responsible for the defect itself. Manufacturers can also face liability in product-related litigation involving alleged manufacturing defects (i.e. flaws that result from issues during the manufacturing process).

What Should a Manufacturer Do When Facing the Risk of Product-Related Litigation?

 

When facing product-related litigation, manufacturers should engage defense counsel promptly. Manufacturers must proactively assess their litigation risk, and they must determine what contractual rights and remedies they have available (i.e. whether the manufacturer can seek indemnification from the product’s designer). Manufacturers will need their litigation counsel to assess the available insurance coverage as well; and, if litigation is indeed imminent, they will need their counsel to begin assembling a defense strategy right away.

Are Mandatory Arbitration Clauses in Manufacturing Contracts Enforceable?

 

In commercial contracts resulting from arm’s length transactions, mandatory arbitration clauses are generally enforceable. While arbitration can be a cost-effective means for resolving commercial disputes, it also offers opportunities for leverage. We have extensive experience in the commercial arbitration setting, and we can provide representation for arbitration involving disputes with customers, vendors, suppliers, and other companies.

When Should Manufacturers Take Legal Action to Protect Their Proprietary Assets and Processes?

 

If you have reason to believe that a former employee, competitor, or other third party is using your company’s proprietary assets or processes without authorization, you will want to engage litigation counsel immediately. In many cases, taking prompt legal action can be essential not only to mitigating the costs of an intellectual property dispute, but also to protecting the company’s proprietary rights.

Why Do Manufacturing Companies Choose Oberheiden P.C. for Litigation?

 

Manufacturing companies choose Oberheiden P.C. because we have a documented record of success in litigation, and because all of our clients work directly and exclusively with our senior-level attorneys throughout their legal matters. If your company needs litigation counsel for any type of civil dispute, commercial dispute, or government enforcement proceeding, we encourage you to contact us to learn more.


Talk to a Senior Litigation Attorney in Confidence

For more information about our litigation services for manufacturing companies, please contact us for a complimentary initial consultation at Oberheiden P.C. You will speak directly with one of our senior litigation attorneys. To talk today or schedule an appointment at your convenience, call 888-680-1745 or get in touch with us online today.

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