What to Do if Your Suppliers Are in Distress - Is It Time to Find a New Supplier?
What to Do if Your Suppliers Are in Distress - Options Beyond Contract Termination or Default
What to Do if Your Suppliers Are in Distress - Candid Conversations with Suppliers in Distress
What to Do if Your Suppliers Are in Distress - Identifying Suppliers in Distress
Matt Kelly on Cybersecurity and Suppliers
Patty Houser on Supplier Codes of Conduct
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RCG Webinar | Where's the Beef?
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Straight Talks: New players, new rules - IP disruption in the automobile industry
Protecting Trade Secrets During Business Collaboration
Keeping Your Due Diligence System Manageable March 31, 2014
What Is Driving Stepped Up Government Health Care Enforcement? – Interview with Hope Foster, Member, Mintz Levin
It's fair to say that recent years have been challenging for business. Numerous disruptive events have put pressure on global supply chains. And the nature of these events has been unpredictable and varied. The COVID-19...more
Recent shifts in international tariff policies have created significant uncertainty for US importers. As a buyer, revisiting your supply contracts now can help safeguard your business from unexpected costs and disruptions. ...more
In the post-Covid era, we are all familiar with the concept of supply chain disruption. International supply chains have been impacted by war in Ukraine, geopolitical tensions, extreme weather events and climate change. They...more
The Michigan Supreme Court’s July 2023 decision in MSSC, Inc v AirBoss Flexible Prods Co renewed many suppliers’ ammunitions in customer negotiations. One OEM, however, has been publicly pushing back against those arguments,...more
In our previous article, we discussed anticipatory repudiation and demands for adequate assurances—legal concepts that may arise when a party to a contract expects that its counterparty may not perform its end of the bargain....more
MIECO LLC v. Pioneer Nat. Res. USA, Inc. - May a seller of energy invoke force majeure to excuse its non-performance under a delivery contract – a contract that obligates the seller to deliver a particular quantity of...more
In light of ever-growing complex business arrangements, companies are increasingly dependent on cross-border supply chain networks. Supply chains networks, which usually encompass development, sourcing, production,...more
Depuis début décembre, acheteurs et vendeurs sont entrés dans les « boxes » des négociations afin de finaliser avant le 1er mars les conventions régissant leurs relations commerciales pour l’année 2022. Au cœur des...more
While an increase in construction costs for materials is not new to the industry, the extent of the cost increases during this COVID-19 time may be beyond anyone's experience. Prior to COVID-19, material costs have spiked for...more
The US-China trade war has caused a significant impact on the solar industry, and that impact is expected to grow. In this webinar, learn how solar industry leaders are handling the effects of the US–China trade war and how...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
The cost of building materials has risen significantly this year. Who should bear this risk and how can the various parties to construction contracts mitigate this risk? Owners, contractors, subcontractors, and...more
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The COVID-19 pandemic has disrupted supply chains around the world requiring many companies to adjust operations and their business. Supply chain litigation has not erupted as...more
Earlier this year, I provided our 2021 Corporate Compliance and Litigation Outlook for Manufacturers. I noted that even though we had been counseling a lot of manufacturers on force majeure events (i.e., the ability to...more
2021 Corporate Compliance & Litigation Outlook for Manufacturers - In late 2012, we created the Manufacturing Law Blog with the goal of providing our manufacturing clients with a holistic approach to the unique issues...more
Suppliers have faced unique challenges in keeping their products and services flowing into the marketplace during a pandemic. In response to COVID-19, suppliers have revisited their default procedures and have developed...more
COVID-19 supply chain disruptions and how suppliers and service providers have handled such disruptions have prompted procurement teams to reconsider whether business should be shifted away from suppliers that have performed...more
Throughout the COVID-19 pandemic, manufacturers, suppliers, and distributors are attempting to mitigate the risks that accompany supply chain disruptions by incorporating a variety of related terms into their force majeure...more
Q2 2020 saw a tangible increase in the number of queries from clients asking about the enforceability of take or pay clauses common in supply agreements. Intermingled with questions around force majeure, the key issue appears...more
As the wave of reopening orders sweeps across the country, businesses see a light at the end of the tunnel. That light, however, in many instances is still yellow, and may be so for some time to come. ...more
The coronavirus SARS-CoV-2 ("COVID-19") is a stress test for many supply chains. The associated restrictions have the potential to disrupt production processes and confront manufacturers and suppliers alike with considerable...more
When trying to understand the full impact of COVID-19 on existing contractual obligations, parties will likely first consult force majeure provisions in their contracts to assess their rights or liabilities for continued...more
Fellow Manufacturing Industry Team member, Taylor Shea and I had the pleasure of presenting the first program in the “Coronavirus Special Topic Conference Calls Series” offered by the U.S. Department of Commerce and the...more
This Katten advisory considers how UK businesses could seek to rely on the principles of force majeure or frustration to suspend or end performance of contractual obligations (without liability) should that be required in...more
Before the advent of COVID-19, nobody paid much attention to force majeure clauses in construction contracts. These clauses were often boilerplate provisions, tucked away in the general conditions part of the contract...more