Yesterday, our Beau Jackson, Robert Stang and Linda Tiller joined manufacturers, distributors and service providers in Kansas City for a discussion about the impact of tariffs on the business community. This insightful program included economic, industry and legal perspectives on current trade conditions and the various implications of recently-imposed tariffs. Pictured at right, Beau Jackson closed the event with these key takeaways:

  1. The United States is 80% a “consumer” economy – compared to a global average of approximately 40% (and 60% in Germany). Yet, U.S. trade policy seems to focus on raw materials and industrial manufacturing, rather than consumer-driven considerations.
  2. Finding qualified labor is a much more pressing and difficult issue for manufacturers than tariffs or trade policy
  3. Rising logistics and supply chain costs have become just as troublesome to companies as tariffs
  4. Carrier consolidation and new alliances in the shipping industry continue to adversely impact companies that import and export, and is complicating matters at U.S. ports of entry
  5. Tariff avoidance led to an import surge in late 2018, which furthered port congestion, inflated storage costs and has created large inventory surpluses that could soon have macroeconomic implications
  6. Supply Chain “Recalibration” – companies  and sourcing agents are trying to avoid China by finding new sources in Southeast Asia (particularly Vietnam and the Philippines)
  7. The recent government shutdown had a tangible impact on the day-to-day fundamentals of trade
  8. Good infrastructure, just like product quality and reputation, has been instrumental in fostering a robust U.S. economy.  Modernizing infrastructure is a must for the U.S. to remain competitive.

 

North America MapAfter President Trump announced steel and aluminum tariffs on several of the country’s allies in March 2018, a number of EU countries, Mexico, and Canada immediately announced retaliatory tariffs against American products. Other trade partners and allies have also made plans to seek remedies through the North American Free Trade Agreement (NAFTA) and the World Trade Organization (WTO). With the impending widespread business impact of these retaliatory actions, companies should look closely at their supply chain to determine risk management considerations.

To elaborate on these recent changes, Husch Blackwell is pleased to team up with The Knowledge Group to offer complimentary passes to the first 30 registrants for a timely upcoming webinar: “Retaliatory Actions Against Trump’s Tariffs: What Businesses Should Do When Allies Hit Back.”

The webinar will provide insights on Trump’s tariffs, industry reactions, risk mitigation strategies and an outlook on what lies ahead. The program will take place on Tuesday, September 11, 2018 from 1:00 p.m.- 2:00 p.m. (ET) The webinar is led by Husch Blackwell Partner, Nithya Nagarajan and John Peterson, Partner at Neville Peterson LLP.

Register here.

Nowadays, the only thing that remains certain in the industry of domestic and global trade is the unpredictability of influential decisions made by the U.S. government and how those decisions will impact trading laws and regulations.

There has been much to say regarding Section 232 and related tariff concerns. On Husch Blackwell’s TMT Industry Insider you can find several blog posts we’ve published regarding these hot-button topics.

Additionally, Husch Blackwell is pleased to offer complimentary passes to the first 30 registrants for a very timely upcoming webinar: Trump’s Steel and Aluminum Tariffs: The Good, The Bad and The Ugly.

The webinar will focus on Trump’s steel and aluminum tariffs and provide insight on what lies ahead. It will be hosted on The Knowledge Group and will take place on Tuesday, June 26, 2018 at 12:00 p.m.-1:00 p.m. (ET) The webinar is led by Husch Blackwell Partner, Nithya Nagarajan and John Peterson, Partner at Neville Peterson LLP.

Register here.

 

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.

Toxic Tort Monitor

September 2, 2016
New Developments
Toward a Defense of Mesothelioma Cases on Causation: Low Doses and Genetics
By Mark Zellmer

Today’s defendants in asbestos litigation often face plaintiffs’ claims that they have contracted mesothelioma from exposure to low or even doubtful doses of asbestos. If the mesothelioma looks to be spontaneous (idiopathic) or the result of an exposure so low that it will not cause the disease or the mesothelioma, genetics may provide the alternate explanation to satisfy the jury about why plaintiff or decedent has mesothelioma. [Continue Reading]

California Supreme Court Exercises Personal Jurisdiction Over Pharmaceutical Manufacturer
By Jen Dlugosz

This week the California Supreme Court ruled that Bristol-Myers Squibb (“BMS”) is subject to personal jurisdiction of the California courts on the basis of specific jurisdiction.See Bristol-Myers Squibb Co. v. Superior Court (Anderson), S221038, slip op. (Cal. Aug. 29, 2016). This decision upheld the Court of Appeals decision that found that BMS’s activities in California were “insufficient to subject it to general jurisdiction in the state but that, given the nature of the action and BMS’s activities in California,” California courts may properly exercise specific personal jurisdiction over BMS in this matter. [Continue Reading]

Editor of the Month
Mark Zellmer is a Mark ZellmerHusch Blackwell partner and handles asbestos litigation throughout the nation and acts as national counsel for various firm clients. Over the last several years, he has concentrated much of his litigation work, publishing and speaking on the subjects of the causation and epidemiology of mesothelioma, lung cancer and asbestosis. He has published and spoken extensively on the asbestos litigation, including concepts of asbestos medicine, the interplay of workers’ compensation and asbestos litigation in civil courts, application of OSHA to asbestos litigation and numerous other topics.
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Technology, Manufacturing & Transportation
Asbestos Practice
Companies face increasingly well‐coordinated attacks in jurisdictions across the country. These assaults are becoming more complex and costly as plaintiffs’ counsel pursue novel theories and claims to keep asbestos litigation thriving. Husch Blackwell’s team has experience in numerous jurisdictions throughout 37 states. Our attorneys can help you navigate the intricate web of plaintiffs’ firms, changing laws, evolving science and anti-defendant courts. [More information]
Upcoming Events
DRI – Asbestos Medicine
November 10-11, 2016
New Orleans, LA

Mark Zellmer will be speaking at this DRI seminar; we hope to see you there!

 

Structuring Freedom-to-Operate Opinions: Reducing Risk of Patent Infringement

This CLE webinar will provide guidance to patent counsel preparing and providing freedom-to-operate (FTO) opinions for companies developing new products. The panel will outline best practices for drafting FTO opinions to reduce infringement risks.

Continue Reading Webinar: Structuring Freedom-to-Operate Opinions: Reducing Risk of Patent Infringement

On April 19, 2016, FAA hosted the first day of its 2016 Unmanned Aircraft Systems Symposium. The purpose of the Symposium is to provide a forum for UAS industry and stakeholders to provide input to FAA decision-makers on topics related to UAS integration.drone

FAA Administrator Michael Huerta opened the Symposium by discussing, in part, the agency’s three main goals with respect to UAS integration: (1) safely enabling UAS operations in the National Airspace System (“NAS”); (2) facilitating the integration of future technological advancements; and (3) ensuring that the United States retains a leadership role with respect to the development and operation of UAS. Importantly, he also mentioned that the new small UAS rules may be available by the end of “spring”.

Continue Reading FAA 2016 UAS Symposium

3D Printing: Evaluating Product Safety and Liability Risks, Avoiding and Defending Claims

This CLE webinar will examine product liability concerns surrounding 3D printing and best practices in avoiding and defending claims over defects. Topics discussed will include many industries including the automotive industry, consumer products, and medical devices. After the presentations, there will be a live question and answer session.

Continue Reading Webinar: 3D Printing- Evaluating Product Safety and Liability Risks, Avoiding and Defending Claims

Edward ManzoHusch Blackwell partner Edward Manzo is scheduled to present as part of The Federal Circuit Bar Journal’s “Interviews With The Authors” series. Edward will discuss his article The Untold Story of the First Appeal to the Federal Circuit and his personal connection with appeal no. 83-500, the first appeal to the Federal Circuit from a district court, filed on October 1, 1982, the first day of the Federal Circuit’s existence.

Continue Reading Presentation: The Untold Story of the First Appeal to the Federal Circuit

The Shape of Things to Come –
Strategies for Success in the Age of 3D Printing

This webinar is being presented as part of the Footwear Distributors and Retailers of America’s 2015 Webinar Series. shoesMembers of Husch Blackwell’s 3D Printing team and Calares’ 3D Printing expert will present on the basics of 3D footwear printing, including its capabilities and applications, the current state of the industry, and its impact on manufacturing. They will also discuss the new intellectual property issues inherent in 3D Printing.

Continue Reading Webinar: Strategies for Success in the Age of 3D Printing