Supply Chain Litigation

Litigation

We take the guesswork out of litigation by using a team of highly skilled litigators who tailor legal strategies to meet your specific needs. We represent corporations, their leadership and staff. Our commitment to you is resolute, our legal strategies are creative and we get results:

• BTI Consulting named us one of the nation’s most feared litigation firms.
• We provide litigation counsel for Whirlpool Corp., Amway Corp., Consumers Energy Co., Daewoo International, Dow Chemical Co., Fifth Third Bank, Haworth Inc., and Robert Bosch LLC, among others.
• Our appellate attorneys have argued more U.S. Supreme Court cases than any other law firm in Michigan

The right business solution is different for every client. We take the time to understand each client’s business and then tailor the sophisticated advice necessary to obtain the right solution. Our credentials, creative fee management and unwavering commitment to client service sets us apart from the competition. To learn about our litigation services, visit our Litigation and Dispute Resolution Practice Group website page.

Dispute Resolution

We regularly advise clients in navigating disputes throughout their supply chains. Dealing with customer demands and assisting with supplier negotiations when customer demands must be met are stressful and take the focus off your business. As your dispute resolution legal team, we use our extensive litigation and negotiation experience to resolve disputes efficiently and in a manner best suited for each client’s unique needs. We also respond to questions from business personnel in connection with disputes arising from: breach of contract, general contract interpretation, payment disputes, cancellation claim questions and general supply chain issues.

Labor + Employment Disputes

Successfully representing employers requires more than technical knowledge of myriad employment laws. Success requires innovative strategies for handling all aspects of a case, including impact to other employees, media relations and minimizing business distractions. Success requires a vigilant defense that addresses all stages and issues in a case, including crafting strategies to maximize settlement leverage, framing compelling narratives and minimizing plaintiffs’ claims for damages. Warner’s employment litigation team has used this comprehensive approach to compile a long, exceptional record of proven results not only in Michigan but also appearing pro hac vice for clients in: California, Colorado, Illinois, Indiana, Iowa, Kentucky, Massachusetts, Mississippi, Missouri, New Jersey, New York, Ohio, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah and Wisconsin.

Understanding your business is our first step. We work to learn your business needs, risk tolerance and overall objectives to develop a better partnership. Then we devise strategies to have the case dismissed by summary judgement. Achieving victory without the cost and distraction of a protracted trial is the best possible scenario for any employer. Next, we develop a record of evidence and a comprehensive damages analysis to maximize settlement leverage in preparation for voluntary mediation, settlement conference with the court, case evaluation or discussions with opposing counsel. If your case goes to arbitration or trial, we will be battle ready. Starting from day one, we will build on a theme and develop persuasive arguments to achieve results with the court and jury. We will carefully prepare company witnesses for testimony and maximize technology to present our evidence in a compelling manner.

To learn about our labor and employment dispute resolution services, visit our Labor and Employment Litigation Practice Group website page.

Product Liability

Product liability claims can be devastating to product manufacturers and sellers. Warner’s product liability attorneys recognize that effective product liability counsel means much more than simply reacting to litigation. A substantial portion of our practice is devoted to taking proactive measures to minimize risk and avoid claims.

Warner’s Product Liability Practice Group has broad experience in representing national companies in product liability lawsuits. Our group is comprised of seasoned trial attorneys who are ready to aggressively defend product claims in any court or forum. Realizing that protracted legal battles can be disruptive, time-consuming and expensive, however, we first counsel our clients in ways to avoid potential claims or to obtain early and efficient resolutions.

In addition, we routinely advise clients regarding product development, product safety policies and procedures, document control, product warnings and instructions, product advertising and recalls. When product litigation arises, we have the experience necessary to defend the case in trial or explore other practical alternatives such as negotiation, mediation and arbitration. To learn about our specific product liability services and to connect with our product liability attorneys, please visit our Product Liability Practice Group website page.

Product Recalls

Warner regularly represents automotive, consumer product, food, drug, device manufacturers and distributors in enforcement actions, product recalls and other matters before the National Highway Traffic Safety Administration, U.S. Food & Drug Administration, Department of Agriculture and Consumer Product Safety Commission. Product recalls require expertise in product regulation, risk management and product liability – our attorneys have that experience and defend automotive, consumer product, food, drug and device manufacturers and distributors in regulatory and liability matters including:

• NHTSA reporting obligations and compliance
• Recalls and corrective actions for products regulated by NHTSA, CPSC, FDA and USDA/FSIS
• Supplier and customer disputes and contract terms
• Automotive component and child restraint safety issues
• Product claims in marketing and labeling, including product disparagement matters
• Food safety issues (including matters under new FSMA requirements)
• Inspections and responding to 483s and enforcement actions
• GMO laws and legislation
• HACCP issues
• Product warnings
• Product warranties
• Product liability defense and avoidance
• EU REACH, U.S. FHSA, California Prop 65 and state chemicals of concern laws

Regulatory + Compliance

All businesses, regardless of size or industry, face increasingly demanding government regulation. The laws and regulations are often complicated, unclear and subject to interpretation by the governing agency. Our Regulatory and Compliance Group attorneys specialize in nearly every regulatory area, and our experience with the laws and regulatory agencies is unmatched. From proactive investigations and audits, to day-to-day compliance questions, to crisis management, we’ll create a strategic plan that fits your business. We understand how the law is enforced, who enforces it and how to produce the results you need. Your organization deserves the kind of protection only Warner can provide. To learn about our specific regulatory and compliance services, visit our Regulatory and Compliance Practice Group website page.

Contract Negotiations

We represent suppliers and manufacturers in drafting, reviewing, interpreting, and negotiating supply chain and commercial contracts. Large publicly traded and small privately owned companies rely on us for their lease, purchase, sale and distribution of goods and services. In addition, Warner negotiates and develops supply and manufacturing agreements, software licensing agreements, equipment purchases, nondisclosure agreements and terms and conditions for sales and purchases.

Some of the specific contracts we advise clients on include supply chain agreements, master services agreements (including statements of work), non-disclosure agreements, bailment agreements, consignment agreements and CAPEX agreements.