Manufacturing and Distribution

Despite the differences in product type, all manufacturing and distribution companies face similar legal and compliance issues. At Barton, our manufacturing and distribution clientele produce a wide assortment of products.

These include:

  • Sustainable chemicals
  • Pharmaceuticals
  • Furniture
  • Polysiliconate products
  • Smart cards
  • Luxury houseware and kitchenware
  • Communications equipment
  • Specialty steel products
  • Sports equipment
  • Plastics
  • MRI scanners
  • Microchips

We advise manufacturers and distributors on their day-to-day matters as well as on major transactions and litigation. Employment issues, asset protection, contracts, distribution rights, and products liability are all areas handled proficiently and professionally by Barton attorneys with extensive experience in these fields.

Our intellectual property group also adds additional value to our manufacturing and distribution clients with broad experience litigating the theft of corporate trade secrets, counterfeit product distribution, and trademark violations in order to protect companies’ profits and preserve brand integrity.

The scope of our services extends to regional, national, and international manufacturing companies across the United States, Asia, Europe, and Australia. For our international clients, we often assist them in expanding their operations to the United States, guiding them through import requirements, financing, visas, and strategic business planning.

Work in this Area

Manufacturing and Distribution

Representative Matters
  • Represented Sustainable Chemical Manufacturer in Jury Trial
    • Represented Cork Industries, a national sustainable chemical manufacturer, in a 3-week jury trial involving the theft of corporate trade secrets and unlawful competition by the company’s former head of lab. The case required technical comparative analysis, expert testimony, the handling of multiple national clients, discovery from third parties, and highly technical motion practice. Barton won 5 out of 6 counts in the trial, along with permanent injunction against the defendant for working in certain industries and with certain clients.
  • Represented Buyer in Acquisition of Lab Test Equipment Manufacturer
    • Represented the buyer in the acquisition of a business that manufactures and distributes laboratory test equipment used in genomic research. The business had been acquired some years before by a publicly traded entity. After full integration, the owner elected to sell the business. To complete the transaction, we advised on the unraveling of several arrangements between the target and its owner and other affiliated businesses. We also advised with respect to an asset-based financing several months after the acquisition had been completed and, thereafter, on its refinancing as well.
  • Counseled Manufacturer of Laser Medical Devices on Financings
    • Represented a publicly-traded manufacturer and distributor of laser technology-based medical devices. We advised the company on a series of straight debt financings, convertible debt financings, and PIPE and other capital raising transactions and in connection with its SEC filings. We also advised on a transaction in which the client sold all of its assets to a competitor. In the course of our work, we counseled the client’s board of directors on matters relating to governance and share listings.
  • Restructured Bank Debt and Equity Ownership for Sports Equipment Manufacturer
    • Represented a major European designer and manufacturer of winter sports equipment in the restructuring of the bank debt and equity ownership of its U.S. subsidiary. We worked with the client to locate new debt financing for the business and advised with respect to the transition from one lender to a successor. We also were able to recommend certain management additions which led to improvements in the business. As the business improved, we also advised with respect to certain marketing joint ventures in the United States and Canada.
  • Advised Italian Luxury Items Manufacturer on L-1A Petitions
    • Represented Rosenthal Sambonet USA Ltd., a U.S. subsidiary of an Italian manufacturer of high-quality, luxury items for the tabletop and kitchen (for both the catering industry and the home). Advised and assisted with filing L-1A petitions and extensions.
  • Won Summary Judgment for Manufacturer of Track and Court Surface Materials
    • Represented a Taiwanese manufacturer of athletic track and court surfacing materials who was sued in a multi-party product liability lawsuit. Won summary judgment dismissing the client from the case before trial.
  • Represented Furniture Manufacturer in Suit Against Landlord
    • Represented a furniture designer and manufacturer whose facility was destroyed by flooding, in a lawsuit against its landlord for failing to disclose that the leased premises were located in a designated flood zone. Obtained a favorable settlement during trial after presenting the client’s case.
  • Counsel to Italian Housewares Distributor in IP Matters
    • Represented an Italian housewares distributor in multiple intellectual property matters. Successfully shut down widespread distribution of counterfeit products via online marketplace websites, resolved multiple infringement claims against the client with minimal exposures, and counseled the client with regard to ongoing trademark and copyright issues.
  • Represented Creditors’ Committee in Plastics Manufacturer’s Chapter 11 Case
    • Represented the creditors’ committee in the Chapter 11 case of a leading designer and manufacturer in the plastics industry with annual revenues in excess of $100 million.
  • Aided Pharmaceutical Distribution Co. in $100 Million Divestiture
    • Represented an AMEX-listed pharmaceutical distribution company in its divestiture of more than $100 million to a publicly-traded German consumer products conglomerate.
  • Counsel to Client During Merger with Smart Card Manufacturer
    • Represented a French publicly-traded company in its merger with a Canadian-based NASDAQ-listed company that manufactures and distributes “smart cards” for use in consumer financial transactions. The transaction was structured as a statutory merger for United States and other non-Canadian stockholders and as an exchange offer for Canadian stockholders.
  • Advised Steel Products Manufacturer on Distribution Rights
    • Represented an Asian manufacturer of specialty steel products in the grant of distribution rights to a U.S. distribution group.
  • Counsel to Industrial IoT Company During Multiple Rounds of Financing
    • Lead counsel for a SaaS-based industrial IoT company in its Series A-2 financing round led by prominent venture capital funds. Previously represented the company in prior rounds of financing, including convertible note and debt financing.