Mining, Manufacturing & Industrial Operations

Industrial operations require a dizzying array of contracts. Aside from standard agreements to supply goods or services, build products or facilities, or provide shipping and logistics; there are myriad one-off deals that arise for tasks like securing capacity of a scarce component or selling excess inventory on consignment. There are also letters of intent to do everything from purchasing an entire operation to jointly developing an exclusive product. Whether you supply one part of the process or run the whole operation, you need to make sure the terms of the agreements you’re signing allow you to make a profit, exit when needed, and insure against unforeseen liability. You also need to make sure you protect your trade secrets, intellectual property, and competitive advantage. You need an attorney with enough experience working inside companies to know how each clause could affect your bottom line, someone who can weigh the risks and see the differences between deal breakers and nice-to-haves, and someone who has enough sense of your business as a whole to advise on other operational matters, including HR, marketing, IP, and data privacy.

I’m Rick Mortensen, and I can help. As procurement counsel at Rio Tinto, I supported the team tasked with procuring materials, equipment, and specialized services for the company’s US operations, which included extraction, refining, and environmental mitigation. I handled contracts worth up to $100 million, working closely with subject matter experts to understand the processes and risks. I also did a six-month secondment in the procurement department at Caterpillar, Inc., where I helped the company procure automotive parts, including semiconductors, during a worldwide shortage. I worked closely with the procurement team to find creative ways to leverage our market advantages to secure capacity. As Senior Counsel, North America at the Australian mining services company IMDEX, Ltd., I embedded myself in all aspects of the company’s product and services offerings, including drilling services, specialized equipment rentals, and software. I also became familiar with the unique import/export and labor laws of Mexico as I helped the company’s operations there grow. During my four years as corporate counsel at cosmetics company Jamberry Nails, I handled all our contracts with raw materials suppliers, contract manufacturers, and third-party logistics providers around the globe. For three of those years, I was the head of the legal department and advised all of the company’s departments, including marketing, HR, IT and customer service.

Call or email, and let me know how I can help with your industrial operations.