Supply Chain & Logistics

Business Litigation

Our commercial litigators understand that business is driven by a network of agreements with other companies in the value chain. Disputes over agreements are often assisted by a background understanding of compliance issues, regulatory law, pricing, supply chains and government reimbursement frameworks, among other areas.  

Shook’s Business Litigation Practice has managed cases involving class actions, antitrust, corporate governance, securities regulation, insurance coverage disputes, commercial and construction contracts, alternative dispute resolution,  and franchises and dealerships,. In addition, we offer clients the benefit of well-established relationships with economists and forensic accountants in developing economic damages, such as lost profits. Our attorneys have prevailed on motions for dismissal or summary judgment in hundreds of complex matters. Read more >>

Corporate Services & Risk Mitigation

Shook’s Business Transactions Practice regularly works with clients to evaluate the full spectrum of company contracts: sales contracts, dealer/distributor agreements, purchase orders, supply agreements, invoices, and warranties, among others. This assessment is designed to ensure the contracts meet our clients’ goals in operation and that risk-shifting provisions are incorporated into contracts, as necessary, to better position the company should litigation arise. Our analysis also includes evaluation of contractual processes to determine whether the company is taking on any unnecessary contractual risks, and providing recommendations to increase the likelihood the company’s contracts would be enforceable. We have also consulted with clients regarding labeling requirements for and restrictions on the shipment of certain products. Read more >>

Environmental, Social & Governance

Shook’s Environmental, Social & Governance (ESG) Practice merges our longstanding litigation experience with strategic lateral additions from in-house counsel and accomplished governmental and regulatory practitioners. Our attorneys help clients devise creative solutions to proactively address emerging risks and potential litigation in evolving areas of law, such as climate-related lawsuits, labeling issues, supply-chain concerns and securities litigation stemming from statements regarding a company’s ESG representations. Beyond industry-related litigation risk and crisis management issues, our ESG Practice offers Diversity, Equity and Inclusion Counseling, as well as assistance developing appropriate corporate culture programs. Read more >>

Antitrust

Our antitrust attorneys regularly advise numerous clients from diverse industries on a wide variety of antitrust and unfair competition issues, including compliance programs and related training; general pricing and vertical distribution; resale price maintenance and minimum advertised price (“MAP”) policies; price-gouging and below-cost analyses; price discrimination and Robinson-Patman Act compliance; bid-rigging, refusals to deal and boycotts; unilateral conduct; trade association participation; information sharing and benchmarking; exclusivity and requirements contracts; product tying and package offerings; joint ventures and other competitor collaborations; responding to third-party subpoenas and civil investigative demands issued by governmental entities; and general risk management. We have counseled clients in many industries on best practices with respect to competitive intelligence, benchmarking, information sharing, and trade association participation. Additionally, we advise both manufacturers and retailers on (1) price discrimination issues under the Robinson Pactman Act and (2) resale price maintenance initiatives, including unilateral Colgate and MAP policies, with an emphasis on the post-Leegin federal and state legal landscape. Read more >>

Artificial Intelligence & Emerging Technology

Shook is ahead of the curve when it comes to high-risk, highly regulated emerging technologies. Our aim is to protect our clients’ investments in their products, customers, business futures and creativity. Our team keeps pace with the innovations impacting supply chains globally and can clients navigate the uncertain regulatory, legislative and judicial landscape for new and emergent technology.

Technology Transactions

Shook’s robust Technology Transactions Practice helps clients navigate the complexities of commercial agreements involving technology to both efficiently and effectively close their business transactions. We strategically structure and negotiate business relationships to help clients succeed and gain a competitive advantage with their products and services around the world. Our team members have a unique background in the technology transactions practice of law due to the combination of sophisticated law firm practices and in-house experience with major international technology-based companies. This deep exposure to complex transactions (both domestic and international) involving cutting-edge technology makes our team stand out among lawyers in this practice area.  Read more >>

Patent Prosecution & Innovation Protection

Shook has significant experience handling patent prosecution across a wide variety of supply chain technologies. Representing Fortune 50 supply chain and logistics companies, as well as various multinational manufacturers, our attorneys have prosecuted more than 1,500 patent applications in this space. These technologies include logistics software involving artificial intelligence, augmented reality, virtual reality, and material design; mechanical conveyor, movement, and delivery systems for materials handling; and autonomous systems, including air and ground vehicle systems, and assembly line robotics. Read more >>

Automobile Franchise & Dealer Relations

Our team’s representation of manufacturers in litigation and counseling has involved letters of intent, franchise terminations, warranty and incentive fraud, the implementation of new standard forms of dealer agreements, the introduction of new brands or distribution networks, add-points, relocations, allocation issues, post-termination matters, dealer bankruptcies and the interpretation of state franchise statutes. Our team has also represented automobile manufacturers in actions involving the Racketeer Influenced and Corrupt Organizations Act (RICO) allegations arising from dealership fraud. Read more >>

Regulatory Compliance

Shook’s regulatory attorneys often help shape internal policy to better conform to the current or anticipated regulatory environment. Shook has performed extensive analyses for large consumer and commercial product manufacturers regarding available liability-shifting mechanisms in connection with supplier agreements. We have also performed comprehensive litigation risk assessments for several heavy equipment manufacturers. On the regulatory front, Shook attorneys have experience working with retailers’ imports teams in strengthening procedures to minimize the risk of FDA import holds, detentions or refusals. Members of our regulatory team have also performed supplier due diligence assessments for retailers of FDA regulated goods as it relates to regulatory risks. And finally, our attorneys have also counseled retailers on FDA import holds and detentions to obtain a shipment’s release as quickly as possible. Read more >>