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Manufacturing & Industrials

Lawyers of Davis Graham & Stubbs LLP have a long tradition of advising manufacturers. From representing Colorado’s prominent milling and elevator companies in the firm’s formative years, to advising today’s state-of-the-art advanced manufacturing and industrial businesses, DGS has been at the forefront of the industry that has inspired, innovated, and propelled America’s economy.

Our current work with manufacturers is greatly diverse. Our clients’ products are found on or within airplanes, automobiles, assembly lines, industrial equipment, oil fields, alternative energy products, spacecraft, buildings, consumer products, power systems, computers, telecommunications networks, wireless devices, digital set top boxes, and other electronics, to name a few. While our trial and transactional experience encompasses nearly any legal matter that manufacturers might encounter, we most often advise such clients with respect to the following:

  • Identification and protection of intellectual property
  • Negotiation of supply and commercialization arrangements
  • M&A transactions and related financing including both debt and equity
  • Transportation and logistics
  • Export compliance
  • Purchase, sale, and leasing of equipment
  • Aftermarket support
  • Warranty and recall administration
  • Product liability claims
  • Environmental, health and safety, compliance, and legacy liabilities
  • Employment and labor matters
  • Joint ventures and strategic initiatives
  • Water resource management and planning
  • Insurance procurement and recovery

We serve as general legal counsel for companies like The NORDAM Group, Inc., an aircraft component manufacturing and repair business located in Tulsa, Oklahoma, and Mikron Corporation, a Swiss-headquartered manufacturer of machining and automation solutions with facilities in Aurora, Colorado. Our day-to-day involvement with manufacturers like these and many others uniquely qualifies us to handle business transactions, regulatory compliance, and significant trial matters involving the industry. Our commitment to manufacturing also extends to organizations like the Colorado Advanced Manufacturing Association (CAMA), where we are a founding law firm member and active participant, and the Colorado Association of Commerce and Industry (CACI), which our named partner Richard M. Davis helped form 50 years ago, and in which we remain an active member.

It is in the context of this history and experience that we pride ourselves on understanding the unique operational and regulatory challenges of our manufacturing clients and provide exceptional legal services, whether in the board room, the court room, at an agency, or on the factory floor.

Government Contracting

Doing business with the government is a complex endeavor that requires advisors who understand the complicated procurement system and related laws. DGS has advised in this area for many years and also currently serves as general legal counsel to a company that provides complex products within the U.S. Government supply chain. Our involvement with government contracting uniquely qualifies us to develop and carry out solutions for clients at various tiers of the supply chain providing goods and services under FARS and DFARS to the U.S. Government and higher tier suppliers who contract directly with federal agencies.

We also educate our clients on all aspects of the government contracts process so that they can succeed and grow their business in this intricate and heavily regulated area. We advise clients on important issues involved when acquiring government contractors and related M&A matters, including due diligence of acquisition targets.

Representative M&A Experience

  • The acquirer of Capco, Inc., a defense department supplier of machine gun mounting systems, small arms and ordinance components, electronic and mechanical assemblies, electro-explosive devices and other hardware and energetic items.
  • ESSMetron, a designer and manufacturer of power distribution products, integrated power distribution centers, custom control products, and modular control buildings, in the sale of its fire pump controls division in the U.S. and U.K. to Hubbell Incorporated
  • Gardner Denver Inc., a global provider of industrial equipment, technologies and services, in its acquisition of the assets of Conroe Plastics Molding, Inc.
  • HiRel Systems LLC, a supplier of transformers, inductors, coils and power conversion products, in its sale to Vishay Intertechnology Inc. for $85 million
  • Intertech Plastics, an injection molding business, in various business acquisitions and dispositions involving manufacturing assets
  • The Genesee Group, Inc., a precision metalworking company, in its acquisition of assets of Best - Foam Fabricators, Inc.

Representative Trial Experience

  • Represented a industrial boiler manufacturer in federal court against $170 million claims for failure to deliver a coal-fired boiler for an electric power plant
  • Represented a manufacturer of large air-cooling structures in federal court against a general contractor who claimed back charges of approximately $7 million concerning equipment supplied for an electrical generating project in New York where a successful settlement was reached
  • Obtained a substantial award while representing a manufacturer in a two-week arbitration asserting claims totalling approximately $2 million against a supplier of a defective sound attenuation system for an electrical generating project on the Big Island of Hawaii
  • Represented a manufacturer against multiple sub-subcontractors in arbitrations relating to claims for defective fabrication and erection of large-diameter rolled steel plate duct work for an electrical generating project in Wyoming
  • Defended a national home-improvement supplier against product liability claim based on installation of alleged defective flooring underlayment in hundreds of Colorado homes

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