Producing results that work for our clients and our region.
Burr & Forman's manufacturing experience dates back to the early 1900's when founding partner, Walker Percy, represented Tennessee Coal and Iron (now U.S. Steel Corporation) in an antitrust case. Over the years our manufacturing industry experience has evolved to include economic development and state and local tax incentives, plant operations and infrastructure, employment, union avoidance, production equipment contracts, commercial contracts, mergers and acquisitions, financing, supply chain and logistics and litigation and dispute resolution.
Our unique manufacturing capabilities have played a critical role in attracting major economic development projects to locate and expand in the South, resulting in $16 billion in capital investment and the creation of more than 25,000 jobs. Our practitioners have created a cross-disciplinary, client-focused industry team to support our many manufacturing clients.
Economic Development / State & Local Tax
Burr & Forman's Economic Development practice originated with partner Lee Thuston serving as Alabama counsel for the negotiations that brought Mercedes-Benz to Alabama. Since that time, our practitioners have represented economic development projects and expansions that have brought over $16 billion of capital investment and the creation of more than 25,000 new jobs to the South.
Our established cross-disciplinary team represents manufacturers in the following areas:
Site Selection
For over 20 years, we have represented manufacturers and supported site selection consultants in multi-state and intra-state site evaluation and location. Our team provides data, analysis and advice on everything from environmental conditions of the site to the surrounding area's demographics and available labor market. Additionally, we have built, and continue to maintain, close working relationships with an extensive network of professional site consultants who provide supplementary insight and value to our manufacturing clients.
Our attorneys have worked as part of the site selection teams for projects such as:
- Mercedes-Benz U.S. International manufacturing plant (Tuscaloosa, Alabama)
- KIA Motors manufacturing plant (West Point, Georgia)
- SSAB (f/k/a IPSCO Steel) steel mill (Mobile County, Alabama)
- ThyssenKrupp Steel mill (Mobile County, Alabama)
- Kronospan manufacturing plant (Oxford, Alabama)
- Jack Daniel's Cooperage project (Lawrence County, Alabama)
Incentive Negotiation
Burr's Manufacturing Industry Group is known for its extensive hands-on experience negotiating incentives packages for our clients. We have served as company counsel on a large number of the significant incentives packages negotiated in the Southeast. In addition to the projects listed above, we've represented existing clients in incentives negotiations for major plant expansions.
A particular strength of the group is our knowledge of the various types of incentives finance, including tax credit and bond financing, conservation easements, state and federal home loans, industrial revenue bonds, public and private ventures and letters of credit and other securitizations involved in closing these specialized transactions.
Incentive Implementation
Beyond the incentive negotiation process we continue representation of our manufacturing clients through the critical incentive implementation process. Our practitioners are skilled at ensuring that state and local governments and utility providers deliver the promised incentives in a timely manner and to the satisfaction of our clients.
Environmental Permitting
We advise our manufacturing clients on permit requirements and related regulatory compliance. This involves:
- Identifying environmental regulatory issues
- Identifying the sequence of permits
- Negotiating permit content and timing with regulatory officials
- Advising on compliance with related regulatory obligations
When necessary we represent clients in third party environmental permit challenges. We also frequently work with our manufacturing clients to identify consultants and coordinate and review completed work to assure it meets local environmental requirements and time limits.
Plant Operations & Infrastructure
Burr's Manufacturing Industry Group has intrinsic knowledge of plant operations and infrastructure. Our team proudly includes a former in-house counsel and plant engineer for ThyssenKrupp Steel USA. Having team members who have been immersed in day-to-day plant operations gives Burr a distinct advantage when it comes to providing legal guidance and strategy. Our thorough experience covers the following:
- Plant Safety. We advise our clients on plant safety, safety training and compliance with safety policies, including OSHA compliance during construction and plant manufacturing operation. Additionally, we handle matters related to noncompliant employees.
- Machinery and Equipment. Our team handles matters spanning the entire life cycle of machinery and equipment, including procurement, contract negotiation and preparation, installation, commissioning, IT interface, final acceptance testing and warranty issues. Additionally, we handle equipment and construction issues, including general contractor and subcontractor licensing for turnkey and non-turnkey equipment vendors and procurement contracts.
- Procurement. We represent our clients in sourcing and contracting necessary plant operations items, such as maintenance, repair and operations (MROs), machinery and equipment, services (repair, maintenance, construction, professional, etc.), raw materials, industrial gases, consumables and spare parts.
- Product Sales. Our team is skilled at drafting and negotiating sales contracts and related terms and conditions and assists with product certification, including statutory obligations and industry recognized certifications (e.g. UL). Additionally, we handle drafting and interpretation of claims policies while also handling claims and necessary litigation.
- Infrastructure. We have extensive experience drafting, negotiating and interpreting infrastructure contracts, including electrical power, natural gas, potable and process water, wastewater treatment and discharge, telecommunications, roads, river terminal and other on-site facilities.
- Logistics. We represent our clients in drafting, negotiating and interpreting logistics-related contracts, including river terminals (dock), stevedoring, truck, rail and intra-plant transportation.
- Toll Processing. Our team has niche experience handling toll processing arrangements, where a manufacturer with specialized equipment purchases or processes raw materials or semi-finished goods for another company. Such arrangements may be between manufacturer and customer or between manufacturer, customer and a third party service provider.
- Owner-Controlled Insurance Programs (OCIPs). We have extensive experience assisting owners with the development of OCIPs for their construction projects. This includes experience drafting owners' contract terms and conditions so they conform to OCIP.
Supply Chain
Our Manufacturing Industry Group practitioners provide our clients with effective legal solutions designed to improve supply chain management and foster productive relationships with their suppliers, licensees, distributors and logistics providers. A few of the important supply chain issues on which we provide guidance include:
- Forming and implementing effective supply chain strategies, including franchise systems, distribution methods, third party logistics arrangements, public procurement, information technology and business process outsourcing, intellectual property and business structuring and tax planning
- Protecting our clients' interests when suppliers are financially troubled and/or file for bankruptcy
- Identifying and implementing strategic partnership arrangements with suppliers and service providers all along the supply chain
- Screening suppliers and providing financial analysis to our clients
- Developing policies and procedures to minimize the effects of supply chain disruption
- Forecasting and mitigating the risks of disruption and allocating liability among responsible parties
- Negotiating long-term third party logistics provider agreements for warehousing and the distribution and delivery of goods on a national basis
- Settling and resolving disputes between outsourcing companies and third party logistics providers and customers
- Advising and litigating on the distribution process in all 50 states and internationally
- Negotiating, structuring and closing acquisitions and other strategic transactions involving the assets of warehouse, distribution, transportation and delivery businesses
