It’s no surprise that disruption is the new buzz phrase in manufacturing today. With consumer demand for speed, concerns over evolving technology, and a volatile political landscape among the range of obstacles that threaten their bottom line, manufacturers are once again staring down an industrial revolution. Today’s professionals however, are trained to think about change in a linear way that makes it difficult to recognize when new disruptions are occurring.

If you are a professional who would benefit from a better understanding of today’s disruptive technologies, then we invite you to join us along with digital transformation expert and keynote Drew Carter, for a thought-provoking discussion on ways to better understand disruptive technologies, including artificial intelligence, robotics and 3D printing. Register to attend the Manufacturing & Distribution Summit on May 3 in St. Louis or May 9 in Kansas City.

globe AsiaOn March 22, 2018, the President issued a Presidential Memorandum in which he announced the actions the United States will take in response to China’s allegedly unfair trade practices found by the Office of the United States Trade Representative (USTR) in its Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. The actions are as follows:

Continue Reading President Announces Actions against China for Intellectual Property Practices

healthcare technology iotThe influence of the Internet of Things (IoT) will undoubtedly be transformational with a total potential economic impact estimated to be $3.9 trillion to $11.1 trillion a year by 2025. In the race into the IoT marketplace, there are both known and unknown legal hurdles that will affect those who offer of goods and services during the proliferation of the Internet of Things.

Some of the current and potential legal hurdles related to the IoT are well known, some are not, and some are the result of the intersection between the physical and virtual worlds, and the collision between two intersecting major drivers of innovation in IoT. On one hand, there are the established manufacturers of products and consumer goods whose expertise in developing, testing and manufacturing products puts them in an advantageous position. On the other hand, there are the technology companies who are used to developing software and whose expertise lies in software development, data collection, and data processing. Continue Reading Hurdles the Internet of Things Must Clear for Manufacturers and Providers

websiteWe think it is relevant, even at this early stage at the commencement of 2018, so close to the 2017 holiday season, to note that the e-commerce explosion will continue in full force and will in the natural course of events bring transportation intermediaries more into the 3PL space in the delivery of fulfillment services. This is inevitable for those who intend to survive and grow. Larger multinationals are already substantially involved. However, it is especially important for small and mid-sized intermediaries to recognize that they must embrace digitalization in their industry even more so than they currently do in order to compete in this environment. The current view is that small and mid-sized intermediaries can survive and thrive in this new competitive zone. Continue Reading The E-Commerce Trend Continues in High Gear: How are Ocean/Air and Other Transportation Intermediaries Responding?

Product Liability Monitor

October 11, 2017
New Developments
America’s Opioid Epidemic: Who Will Be Held Accountable?
By Ally Schwab

In recent years America has seen an increasing number of opioid-involved deaths and is currently experiencing what the Center for Disease Control (“CDC”) describes as an “opioid epidemic.” This crisis has been devastating to many communities and individuals, and States are feeling the effect, too. State, county and municipal governments have faced mounting costs in battling this crisis, and some are now taking the fight to the manufacturers and distributors of these drugs. [Continue Reading]

Robots are Becoming a Media Phenomenon—And a Legal Phenomenon, Too
By Eric Krauss

The American public cannot get enough of robots. From science fiction to scientific fact, robotic news and entertainment are part of our daily lives. This past year, at least two television series focused on robots set in the near future (“Westworld” on HBO and “Humans” on AMC) have captured viewers’ imagination, and last week the Blade Runner 2049 sequel opened at theaters nationwide. Indeed, the relationship between people and robotics has been a film subject at least since Fritz Lang’s silent film Metropolis in 1927.  Its continuing popularity reflects our love-hate relationship with automation. [Continue Reading]

Heed the Heeding Presumption
By Alan Hoffman

One of the legacies of the Restatement of Torts, Second, Section 402A published in 1965, is the so-called “heeding presumption.” Section 402A’s Comment j afforded product sellers a presumption that an adequate warning, when given, would be heeded to avoid the risk: “Where a warning is given, the seller may reasonably assume that it will be read and heeded.” However, courts soon began inverting Comment j to create a presumption favoring plaintiffs; i.e., that since they would have heeded an adequate warning, they need not show that the absence of an “adequate” warning caused their injury. Effectively, the heeding presumption shifts the burden to the seller to disprove causation. [Continue Reading]

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Technology, Manufacturing & Transportation
Product Liability Practice

Manufacturers work hard to develop material goods and product designs that are high-quality, safe and durable. We understand your commitment to excellence and commit ourselves to defending you against product liability allegations. Husch Blackwell’s Product Liability team has insight into your industry-specific challenges. [More information]

Product Liability Monitor Archive
September 2017

trademarkFor many new companies, coming up with a unique name is not easy. As a result, companies often fall back on the family name of one of the founders as an easy and identifiable way to enter the marketplace. Companies may now want to rethink that approach given the U.S. Patent and Trademark Office’s (PTO’s) new examination guidelines for trademarks incorporating surnames.

Continue Reading Business Names Get Personal

clocking systemA Wisconsin employer recently made headlines when it announced that it was offering its employees the option to be outfitted with a microchip to replace the cards or badges they use regularly while at work. The company, called Three Square Market, held a “chip party” on August 1 during which 41 out of its 85 employees opted to have the small chip implanted in their hand. Although the purpose of this RFID chip is limited to office functions such as making purchases in the break room market, logging into computers and printers, and accessing the building, one cannot help but think about the implications this type of technology could have on employee privacy.

Continue Reading It’s 10:00 p.m. – Do You Know Where Your Employees Are?

Social media cubesIt seems like we hear about a new data breach every week. Thanks to one of the most recent breaches, you could be only ten dollars away from getting in touch with your favorite A-list celebrity. Instagram — the Facebook-owned photo sharing company — was recently hacked due to a flaw in the program. Most recent reports indicate up to six million Instagram users’ email addresses and phone numbers may have been made public due to the data breach.

While the breach initially appeared to affect only celebrities and verified accounts, it has now been shown to affect a much wider range of accounts.

Continue Reading Instagram Hacked: What to Do to Protect Yourself in an Age of Data Breaches

data securityYou are an entrepreneur. You have great ideas. Those ideas are going to change your industry. In most cases, to accomplish those goals, you are going to need help from others. How do you protect your intellectual property and data? You need to focus on protecting those assets in the contracting process.

Most developing companies rely on third party service providers. As an entrepreneur, you will likely rely on hosting and cloud solutions. While we advise that you consider business considerations first, you should also consider legal issues relating to data privacy and security issues. You cannot achieve 100% security for your assets, but there are many ways to protect yourself. You should also consider obtaining cyber-liability insurance for your company and you should ask your service providers whether they have it.

Continue Reading Protecting Your Data and Intellectual Property

Product Liability Monitor

September 8, 2017
New Developments
The SELF DRIVE Act Motors Through Congress
By Mark Pratzel

On September 6, 2017 the House of Representatives unanimously passed H.R. 3388, also known as the “Safely Ensuring Lives Future Deployment and Research in Vehicle Evolution Act,” also known as the “SELF DRIVE Act.” The broad, bipartisan support for this legislation seems to reflect a rare Congressional consensus favoring national standards for autonomous vehicle (AV) technology. [Continue Reading]

FAA Preemption: The Continuing Sikkelee Saga
By Alan Hoffman

Last April, in a case closely followed by the aviation industry, the Third Circuit reversed a District Court order granting summary judgment to Textron Lycoming in a fatal Cessna 172 accident case on the ground that the plaintiffs’ design defect claims were preempted by the Federal Aviation Act. The Third Circuit held that the District Court erred in applying field preemption to plaintiff’s tort design defect claims, and remanded the case for further proceedings. [Continue Reading]

Standing as a Defense in Class Action Products Cases
By Jonathan Schmalfeld

It is a basic legal principle that, for party to have standing to bring a case, that party must have suffered (or in some instances be under the immediate threat to suffer) some actual harm. This is commonly referred to as the injury-in-fact requirement. This requirement is particularly important in cases where class certification is sought. [Continue Reading]

Connect with us: Blog | Twitter | LinkedIn
Technology, Manufacturing & Transportation
Product Liability Practice

Manufacturers work hard to develop material goods and product designs that are high-quality, safe and durable. We understand your commitment to excellence and commit ourselves to defending you against product liability allegations. Husch Blackwell’s Product Liability team has insight into your industry-specific challenges. [More information]

Product Liability Monitor Archive
July 2017