Contract manufacturing (CM) differs from purchasing and procurement in many ways. CM is a lengthy, highly complex process, which ultimately delivers consumer goods to the marketplace for consumption. The contracting life cycle of this process is a balancing act whereby manufacturers and suppliers alike negotiate a path addressing issues in regulatory compliance, quality assurance, potential liability, intellectual property considerations, competitive pricing and related factors. The ultimate goal for all parties involved is to market a product as quickly as possible and in the most cost efficient way.
Bierce & Kenerson, P.C. assists clients in handling the legal challenges that they may face when outsourcing components of this process with suppliers or forming strategic alliances to market products. We have handled numerous transactions in this practice from the pre-contracting phase to the final execution of the contract and take an integrated approach to handling issues that may arise in managing these arrangements. Our wealth of experience in technology and outsourcing, business process management, and investment enables us to provide the critical legal and business support necessary to ensure that a client’s progression through this multifaceted process be a smooth one.
Client support in this practice area may include legal support on:
Contract Manufacturing
- Research and Development
- Risk allocation
- Design innovation risk
- Production matrix
- Market demand risk
- Execution risk
- Endemic component failure
- Environmental liability and
- Risk management
- Capex and opex counter-balancing
Supply Chain Operations
- Data Center
- Business Continuity Planning / Disaster Recovery: archiving, retention, storage, transmission, restoration
- Confidentiality
- Vicarious liability
- Extended supply chain risk management
- Marketing, Sales and Distribution
Packaging Outsourcing
Logistics Management