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If your company is working with Chinese manufacturers to produce goods or prototypes, you’ve likely encountered a non-disclosure agreement (NDA) along the way. But many companies don’t realize that standard U.S. NDAs are...more
What once seemed like temporary disruptions have become a persistent reality, challenging financial forecasts and threatening operational stability. Meticulous planning can be undone overnight by a single supplier’s inability...more
Commercial contracts tend to be full of “boilerplate provisions” that, to paraphrase Mark Twain’s assessment of classic novels, everyone knows are important, but no one actually reads. When COVID-19 struck, manufacturers...more
The EU is introducing new regulations (EDIRPA and EDIP) to structure military procurement through pooled orders coordinated by the European Commission. Advanced Purchase Agreements (APAs), inspired by COVID-19 contracts,...more
What does DMSMS mean? DMSMS stands for Diminishing Manufacturing Sources and Material Shortages. It is the loss or impending loss of manufacturers or suppliers of items, raw materials, or software. In other words, DMSMS...more
International automotive supply chains often involve tight just-in-time deadlines, so resolving disputes quickly and efficiently is critical. When arbitration is the designated resolution method, the arbitrator’s...more
Industrial construction is poised for continued growth in 2025, especially with incoming presidential administration and its anticipated emphasis on domestic economic production. Nowhere will this growth be seen more than in...more
There are a lot of trends that we could identify for corporate compliance / litigation, but the one that stands out for me relates to contracts – the lifeblood for many of our clients. COVID-19 exposed the weaknesses in...more
Previous articles in the Supply Chain Survival Series have discussed a number of topics, including how contracts are formed and modified, and what default terms may be deemed to be part of an agreement under the UCC Battle of...more
With market volatility and supply chain constraints at record levels, manufacturers find themselves in unfamiliar territory with their supply base. As a consequence, manufacturers may need to protect production and reduce...more
After working through the weekend, you and your attorney are able to work out a plan for how to respond to your angry customer and your resin supplier. As you’re settling in at your desk at ABC Corp. feeling glad to have that...more
At this point, it is impossible to escape hearing about or experiencing the supply chain crisis grabbing headlines and impacting businesses – and families – across the globe. This issue has attracted the attention of the...more
Empty petrol stations, rising energy costs, chaos at container parks, and electronics and toys missing from the shops at Christmas. Some reports suggest that the United Kingdom could run out of warehouse space. Individuals...more
All manufacturers are generally tired of hearing about supply chain problems. These days companies are looking for ways to mitigate shipping delays (i.e., can we ship to a port other than Long Beach?) and the increased cost...more
Your company has just been awarded its biggest contract ever and everyone in the sales department is joyously high-fiving each other. This contract for clips will put the company on a whole new growth trajectory now that Air...more
The automotive landscape dictating the relationship between OEMs, Tier 1 suppliers and sub-suppliers is changing due to the entrance of new market participants within the automotive supply chain. The new market participants...more
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
CEP Magazine (May 2002) The European Commission released a plan on March 11, the Circular Economy Action Plan, that builds on the Ecodesign Directive that will help guide European Union-wide economic policy toward 2050....more
The long-awaited INCOTERMS 2020 are here! The International Chamber of Commerce ( ICC) released its update to the INCOTERMS in September of 2019. Now in effect, it is essential that stakeholders across all manner of supply...more
Covid-19 has caused serious disruption to manufacturers’ ability to produce products and fill orders on a timely basis, which in turn has impeded the performance of countless supply chains....more
The spread of COVID-19 (Coronavirus) remains unclear, but its impacts are already being felt. Supply chains are being disrupted and companies are implementing preventative measures to protect their employees. Many businesses...more
As the Coronavirus spreads across the globe, its impact continues to disrupt many industries, including construction. Over the last twenty years, the construction industry in the United States has substantially increased its...more
The outbreak of coronavirus (also known as COVID-19) is reportedly impacting global manufacturing, transportation and cross-border supply chains underpinning many aspects of international trade and commerce. Some companies...more
On February 11, 2020, the Michigan Court of Appeals issued a significant decision that impacts manufacturing supply contracts – especially those in the automotive industry – holding that a buyer may enforce a supply contract...more
- Under English law, force majeure clauses in contracts may allow parties to avoid their performance obligations in certain extreme circumstances, as defined by the contract. - It is unlikely that a low demand for LNG in...more