What do teen digital artists, Tom Brady, Doja Cat, and Foley & Lardner LLP all have in common? They are all trending in popularity for their use of NFTs.
Jaiden Stipp is a digital artist, who at only 15 years old sells...more
The counterfeit business is booming. In fact, counterfeit goods account for a whopping 3.3% of global trade and cost the U.S. economy approximately $600 billion a year.
The Dangers of Counterfeit Products -
Counterfeiting...more
The advent of new technology brings along with it the murkiness of how the American legal system will treat such technology. Before the rise of blockchain for instance, businesses were uncertain how courts would treat...more
10/8/2021
/ Blockchain ,
California Consumer Privacy Act (CCPA) ,
Confidentiality Policies ,
E-SIGN ,
Force Majeure Clause ,
General Data Protection Regulation (GDPR) ,
Governance Standards ,
Service Level Agreements ,
Smart Contracts ,
Supply Chain ,
Termination ,
UETA
One benefit of blockchain includes its ability to harness the power of smart contracts.
What is a Smart Contract?
Although the term “smart contract” sounds like a legal instrument, a smart contract is actually a...more
Many companies need strong supply chain traceability. For the most prevalent tracing challenges, blockchain may provide a formidable solution.
Real-World Applications -
Using blockchain to trace products is especially...more
Blockchain has been heralded as a cutting-edge technology that will improve the contemporary supply chain structure by increasing supply chain trust, efficiency, and transparency. However, as promising as blockchain...more
As costs of raw materials and freight rise, some suppliers are facing the dilemma of locked-in product prices with customers and an inability to respond to declining profit margins. Historically, suppliers have been able to...more
When a company is formulating a blockchain solution to fill its supply chain needs, inevitably the decision must be made as to what type of blockchain is best suited for the project. Therefore, it is essential to have a...more
Managing the supply chain is one of the biggest challenges faced by modern-day global companies. These companies devote a tremendous amount of resources to investigating inefficiencies and identifying areas of cost...more
Throughout the series on “Blockchain in Supply Chain” we reference a number of important blockchain-related terms and concepts. Below is an initial list of blockchain terms used in the articles. We will add to this list as...more
On Tuesday, July 13, the Biden administration issued a supply chain advisory on the Xinjiang Uyghur Autonomous Region (XUAR). The advisory renews and refreshes warnings first issued in July 2020 that U.S. companies conducting...more
Last week, President Biden issued an Executive Order on Promoting Competition in the American Economy. As my partner, Elizabeth Haas, points out, the antitrust implications are far reaching. Of the 72 different initiatives...more
7/15/2021
/ Anti-Competitive ,
Antitrust Violations ,
Competition ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Joe Biden ,
Manufacturers ,
Proprietary Information ,
Right to Repair ,
Rulemaking Process ,
The Copyright Act ,
Third-Party Service Provider
Foley & Lardner’s Food & Beverage Industry Team has authored a new handbook entitled, “Food & Beverage Supply Chain Desk Reference.” For the sake of convenience, the Desk Reference includes quick answers to your legal needs...more
3/25/2021
/ Food and Drug Administration (FDA) ,
Food Recalls ,
Indemnification ,
License Agreements ,
Limitation of Liability Clause ,
Non-Disclosure Agreement ,
Product Recalls ,
Robinson-Patman Act ,
Sales & Distribution Agreements ,
Sellers ,
Sherman Act ,
Supply Chain ,
Terms and Conditions ,
The Clayton Act ,
Uniform Commercial Code (UCC) ,
USDA ,
Warranties
That question, as we brace for the continuing effects of COVID-19, is at the top of executives’ minds. And yet each vision seems to beget more questions: about alternative supply chain models and contract terms, about...more
9/29/2020
/ Business Disruption ,
Business Strategies ,
C-Suite Executives ,
Canada ,
China ,
Contract Terms ,
Coronavirus/COVID-19 ,
Manufacturers ,
Mexico ,
Natural Disasters ,
Suppliers ,
Supply Chain ,
Tariffs ,
Transparency
This report identifies resiliency and innovation considerations for manufacturers and provides frameworks and tools for you to evaluate how those considerations impact your business....more
9/29/2020
/ Analytics ,
Artificial Intelligence ,
Big Data ,
China ,
Coronavirus/COVID-19 ,
Driverless Cars ,
Innovation ,
Manufacturers ,
Risk Mitigation ,
Robots ,
Supply Chain ,
Trade Wars
As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these challenges...more
3/21/2020
/ Breach of Contract ,
Business Interruption ,
business-int ,
Class Action ,
Commercial General Liability Policies ,
Coronavirus/COVID-19 ,
D&O Insurance ,
Failure To Warn ,
Force Majeure Clause ,
Impracticability ,
Infectious Diseases ,
Insurance Claims ,
Manufacturers ,
Mergers ,
Suppliers ,
Supply Chain
...The coronavirus (provisionally named SARS-CoV-2, with its disease being named COVID-19) has now been documented in more than 70 countries and territories. More than 90,000 cases have now been documented across the globe,...more
3/6/2020
/ Automotive Industry ,
Best Practices ,
Business Travel ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Infectious Diseases ,
Manufacturers ,
Travel Restrictions ,
Traveling Employee
...The coronavirus (provisionally named SARS-CoV-2, with its disease being named COVID-19) has now been documented in six of the world’s seven continents, with more than 80,000 cases, sparing only Antarctica. Closer to home,...more
2/27/2020
/ Acquisitions ,
Business Interruption ,
Coronavirus/COVID-19 ,
Distributors ,
Employer Liability Issues ,
Force Majeure Clause ,
Health and Safety ,
Infectious Diseases ,
Insurance Claims ,
Manufacturers ,
Manufacturing Facilities ,
Material Adverse Change Clauses (MACs) ,
Mergers ,
Public Health ,
Purchase Agreement ,
Reporting Requirements ,
Risk Management ,
Suppliers ,
Supply Chain ,
Supply Contracts ,
Workplace Safety
In the three years it took for the United States-Mexico-Canada Agreement (USMCA) to come to fruition, there was much uncertainty surrounding trade relations with Mexico, yet U.S. business executives’ bullishness about...more
Welcome to the latest edition of Foley’s Automotive MarketTrends newsletter, which continues to highlight key trends in the industry. In this issue, we focus on tips for drafting commercial agreements, and, more specifically,...more
9/9/2019
/ Auto Warranties ,
Automotive Industry ,
Best Practices ,
Electric Vehicles ,
Implied Warranties ,
Indemnification ,
IP License ,
Limitation of Liability Clause ,
Manufacturers ,
Negligence ,
Non-Compete Agreements ,
Proprietary Information ,
Trade Secrets
Welcome to issue two of Foley’s Manufacturing MarketTrends newsletter, which highlights key trends with the potential to make 2019 a year of change for manufacturers. In this issue, we will explore collaboration between the...more
7/12/2019
/ Artificial Intelligence ,
Big Data ,
Biotechnology ,
Blockchain ,
FDA Approval ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Machine Learning ,
Manufacturers ,
Regulatory Agenda ,
Supply Chain ,
USDA
The modern day supply chain is ever more complex. Add to that the fact that it is under an almost daily attack from the current political climate. This creates an environment of uncertainty that is a good reason to reassess...more
Welcome to Foley’s new Manufacturing MarketTrends newsletter. In each edition, we will highlight key trends to watch out for in 2019, making it a year of change for manufacturers. ...more
4/18/2019
/ China ,
Cybersecurity ,
Due Diligence ,
Economic Sanctions ,
Manufacturers ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Section 301 ,
Supply Chain ,
Tariffs ,
US Trade Policies
As Tommy Callahan asks his customers in the high-brow ‘90s movie, Tommy Boy, “why would somebody put a guarantee on a box?” What does it mean and why it is useful? This post provides a high-level primer on commercial and...more
According to Black’s Law Dictionary (10th ed. 2014), indemnity is a “duty to make good any loss, damage, or liability incurred by another.” At its core, an indemnification is a promise to reimburse a person for a loss...more
3/1/2019
/ Bodily Injury ,
Contract Terms ,
Express Warranty ,
Hold Harmless ,
Indemnification Clauses ,
Infringement ,
Negligence ,
Property Damage ,
Remedies ,
Risk Allocation ,
Supply Contracts ,
Willful Misconduct