Manufacturing

Overview

Whether large multinational companies or smaller, local enterprises, our clients in the manufacturing industry rely on Modrall Sperling to help them manage the financial, operational and liability issues that directly influence their business success.

We serve industrial and high-technology clients in sectors that include:

• Automotive parts
• Biotechnology
• Building materials
• Furniture
• Chemicals
• Concrete pipe
• Heating and cooling equipment
• Industrial machinery
• Medical devices
• Mining equipment
• Pharmaceuticals
• Tires

Experience

The range of needs in the manufacturing industry is as vast as the spectrum of products being manufactured. As the go-to firm in New Mexico with the most comprehensive offering of business and litigation services, we expertly and efficiently manage whatever comes our clients’ way. For the most part, our manufacturing clients look to us to provide legal services in the following areas:

• Product Liability Defense
• Labor and Employment
• Benefits
• Real Estate
• Taxation

Product Liability Defense

Our lawyers have worked on behalf of product manufacturers and distributors as local, regional, and trial counsel to national and international companies. Modrall Sperling attorneys have experience in high exposure product liability litigation, and are trained to handle and manage a range of matters, ranging from one-off instances of alleged product failure to large volume claims of mass tort.

We also have represented manufacturers in numerous of toxic tort claims alleging personal injury and property damage from the effects of asbestos, chemicals and other substances.

Labor and Employment

Manufacturers looking to locate in New Mexico should know that the state presents unique challenges in employment law, and for more than 75 years, the experience of Modrall Sperling has spoken directly to the needs of employers across our state. We represent them in a wide variety of matters before federal and state courts, administrative bodies, and the courts of the Navajo Nation.

While we are prepared to litigate as necessary, we use our experience to guide clients in developing stronger policies, trainings and employee handbooks that help prevent litigation in the first place.

Benefits

Our work in employee benefits is similarly substantial, ranging from health insurance and benefits plans through complex matters such as our recent arranging the employee buy-out of a manufacturing facility and its retail assets.

Clients rely on Modrall Sperling to ensure their benefits plans remain in compliance with rapidly changing federal law. We us our knowledge of ERISA, the Internal Revenue code and the Affordable Care Act to develop flexible, targeted ways employers can offer tax-saving options for these plans.

Real Estate

We assist clients in land use planning and zoning issues, representing them in front of governmental boards and commissions for purposes of obtaining necessary zoning approvals, changes and permits, as well as before trial and appellate courts.

Manufacturers looking to locate in New Mexico call on us because of our firm’s depth in related areas such as Native American law, public lands, water law, and lending. A recent example is our negotiating and drafting the business site lease and associated rights-of-way to support a 250 MW solar energy generating facility, the largest renewable energy facility yet sited on tribal lands. The agreement required extensive provisions to ensure the support of substantial financing and enforceability of a 30-year power purchase agreement with total commitments approaching $1 billion.

Taxation

Our tax lawyers have extensive experience representing a broad spectrum of taxpayers, including Fortune 500 companies, engaged in local, national, and/or multinational activities. We work in conjunction with a wide variety of professional contacts and associations including actuarial services, accounting services, and qualified intermediaries to broaden the range of solutions we offer. We also assist clients with seeking changes in policy, regulations and statutes.

Some of our clients likewise have had occasion to appreciate the value added by legal advisors who have the experience and knowledge base to assist them through federal and state regulatory processes designed to avoid tax controversies in advance, and to have them heard and resolved through formal hearing or settlement processes when they do arise. Still others have leaned heavily on tax litigators who can press cases effectively in the United States Tax Court or federal or state district courts.