Skip to Content

Industrial & Manufacturing

View Team Contacts

The industrial and manufacturing sector has undergone a generational shift in recent years.

With this new period comes new challenges and concerns -- high inflation and credit risk, cybersecurity and data protection, product liability and increased unionization are all factors at play in today’s landscape. Morrison Cohen provides a wide range of legal services designed to protect manufacturing companies, their strategic position, products, customers and brands.

Our clients’ businesses make products that are vital to our everyday lives, including automobiles and auto parts, agricultural products, building materials, consumer products, technological and electrical components, food and beverage items, industrial machinery, telecommunications equipment, prescription and over-the-counter drugs, and medical devices. We advise our clients – manufacturing and industrial companies, as well as investors – on matters that affect their businesses, including acquisitions, ESG, litigation, intellectual property, trademarks and data protection.

Bankruptcy, Restructuring & Governance: We represent private equity firms, DIP and secured lenders in connection with acquisitions and transactions out-of-bankruptcy with developers, manufacturers and production facilities, providing strategic counsel on business opportunities, bankruptcy implications and transaction or enterprise structuring and financing. 

Business Litigation: Our lawyers represent manufacturer and industrial company interests before state legislatures, U.S. Congress and state and federal executive branches. Our litigation services include contract disputes, tax controversies, antitrust, labor and employment issues, real estate, intellectual property and product liability.

Corporate: We provide counsel to industrial and manufacturing clients in the U.S. and abroad in connection with structuring and negotiating business transactions, including acquisitions, divestitures, recapitalizations, mergers, minority investments, financings and partnerships. Our lawyers also advise on ESG-related liability and reputational issues as they relate to mergers and acquisitions. 

Executive Compensation and Employee Benefits: Our lawyers counsel clients in a wide array of corporate transactions, including equity compensation programs, incentive and deferred compensation arrangements, employment agreements, separation and settlement agreements, restrictive covenant agreements and other employment-related documents. In addition, we handle tax, corporate governance and change in control issues, as well as issues relating to the scope and enforcement of restrictive covenants. 

Labor & Employment: Employment and labor issues in industrial enterprises are particularly important, and our team works with employers to comply with all applicable OSHA standards and related requirements in order to keep the workplace free of hazards. In addition to mitigating employment-related risks, we work with our clients’ corporate and HR teams to understand their business objectives and resolve complex legal and employee-relations challenges. We structure and implement employment agreements, employee and HR policies, and non-compete provisions and provide training regarding policies that prohibit workplace harassment and employment discrimination.

Technology, Data & IP: A company’s success depends on protecting its brand and retaining customer trust. We partner with clients to safeguard the value of their products through licensing and the registration and enforcement of copyrights, patents, trademarks and trade dress, as well as portfolio management. We also help clients comply with evolving privacy and data security laws and regulations (including the CCPA and GDPR), identify gaps in their privacy policies, and prevent and respond to data and security breaches.

Real Estate: Our lawyers represent clients in the leasing, purchase, sale, development and financing of commercial, industrial and development properties. We represent a wide variety of clients in the acquisition and sale of industrial properties, including the negotiation of purchase and sale agreements. Our lawyers have extensive experience in all kinds of leasing transactions, including negotiating leases and assisting with letters of intent, subordination, non-disturbance and attornment agreements, brokerage agreements, and architecture and construction agreements. In addition, we represent owners and developers in financing transactions involving industrial properties.

Representative Experience

Represented LSA Autonomy in connection with its sale to MACH, a Midwest Growth Partners-backed technology company that provides foundational software and hardware for original equipment manufacturers (OEMs) in the high-value crops space, including collaboration with GUSS, the Global Unmanned Spray System.

Represented Vitec Imaging Solutions, a division of The Vitec Group plc, an international provider of premium branded hardware products and software solutions, in connection with its acquisition of Audix, a leading, high-quality microphone brand.

Represented LIF Industries, a family-owned distributor and manufacturer of doors, frames and hardware for both residential and commercial markets in connection with its sale to Unified Door and Hardware Group.

Represented B2B Industrial Products, a portfolio company of GenNx360 Capital Partners, a provider of packaging equipment and supplies, in connection with the acquisition of affiliated companies Oak Paper Products Co., Acorn West, Oak Distribution South and Acorn Pulp Group, Los Angeles-based companies that sell and distribute corrugated paper products.

Represented Emerson Swan, one of the largest manufacturers’ representative organizations in the U.S., in connection with its acquisition of Neutrasafe Corporation, a manufacturer of superior condensate neutralizers, neutralizing condensate pumps and system feeders for the HVAC industry.

Represented North Castle Partners in connection with strategic investments in Sparx, producer of an automated skate sharpener, and Ignite, a developer and marketer of reusable, environmentally friendly thermal mugs and hydration bottles.

Represented Taco Comfort Solutions, a manufacturer of high-quality, high-efficiency heating, cooling, plumbing and irrigation products, in connection with various acquisitions including Taconova (Switzerland), Askoll Sei (Italy) Hydroflo (US) and CHOD (Panama and Vietnam).

Represented a private investment firm in the acquisition of a manufacturer of automotive prototype stampings and assemblies.

Represented Gel Spice, a family-owned New Jersey-based importer and manufacturer of spices, seasoning and bakery ingredients to both the retail and food service channels in connection with its sale to Olde Thompson.

Represented Pfleiderer AG, a leading global manufacturer of engineered wood and surface finished products, in the sale of Pergo, a laminate flooring manufacturer, to publicly held Mohawk Industries, and the sale of the particleboard, melamine and HDF/MDF manufacturing operations of Uniboard to an affiliate of Arauco Holdings, SA, a Chilean-based forest products company. 

Represented GRO-WELL Brands, a company specializing in the production and marketing of natural and organic lawn and garden products, in its sale to Global Environment Fund.

Represented Global Automotive Systems, a leading manufacturer of complex metal assemblies and products, in its contested sale to Advanced Vehicle Assemblies, an affiliate financier Lynn Tilton.

Represented DIP Lender in ESML Holdings, a company developing a fully integrated, 7 million tonnes per annum capacity iron ore pellet production facility.

Represented Littlejohn Capital in connection with its acquisition out of bankruptcy of ArmorWorks Enterprises, a developer and provider of vehicle and aircraft armor systems, body armor and other protection products and systems to the aerospace and defense markets.

Represented Littlejohn Fund II as secured lender, DIP lender and ultimate acquirer in Chapter 11 of PSC Scanning, a developer and manufacturer of bar code-based scanning devices.

Represented a manufacturer of pressure-sensitive film products in a senior secured credit facility for the financing of its capital expenditures and for working capital requirements.

Represented Innovo Property Group, a New York City-based real estate investment and operating company, in its $39 million acquisition of 58-30 Grand Avenue – a 151,500-square foot industrial and logistics facility in Maspeth, Queens.

Successfully resolved a dispute arising between the manufacturer of a Swedish medical device and a large pharmaceutical company responsible for marketing the devices after filing an action and engaging in targeted mediation related discovery.

Related Sectors

Related Media & Insights