News & Analysis as of

Supply Chain Sellers

Foley & Lardner LLP

Tariffs and Your Contracts: Introduction

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The rise of President Trumps’ tariffs in 2025 has brought uncertainty to the profitability of product sales and has thrown a wrench in previously stable supply relationships. Reminiscent of the 2020 push to review force...more

Levenfeld Pearlstein, LLC

M&A Insights Series: Katie Balson of Origin Merchant Partners Discusses the Market Outlook, Its Challenges and Opportunities, and...

To help businesses, investors, and deal professionals better understand the evolving independent sponsor landscape, Robert Connolly – a partner in LP’s Corporate Practice Group and leader of LP’s Independent Sponsor team –...more

Quarles & Brady LLP

Supply Chain Survival Series: Risk of Loss and Transfer of Title (Article #16)

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In recent articles, we discussed rights and obligations arising from breaches of contract. However, at times goods may be damaged or destroyed during transit, without any fault on the part of the seller or the buyer. In this...more

Levenfeld Pearlstein, LLC

M&A Insights Series – Tariff Impacts, Deal Processes, and Advice for Buyers and Sellers: A Conversation with Dave Kakareka of...

To help businesses, owners, investors, and deal professionals better understand the evolving M&A market, Robert Connolly – a partner in LP’s Corporate Practice Group and leader of LP’s Independent Sponsor and Private Equity...more

Moore & Van Allen PLLC

MVA Supply Chain Brief: Navigating Rising U.S. Tariffs

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Tariffs on imports into the U.S. are on the rise, focusing on many of the U.S.’s largest trading partners like Mexico, Canada and China, as well as major products such as aluminum and steel. Buyers and sellers who are...more

Sheppard Mullin Richter & Hampton LLP

Understanding the Allocation of Tariff Payments

In the context of the tariffs imposed by the Trump Administration on imported goods, a prevalent misconception has arisen that foreign suppliers automatically bear the cost of these tariffs. The reality, however, is more...more

Quarles & Brady LLP

Supply Chain Survival Series: Mitigation (Article #13)

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In our previous article in the Supply Chain Survival Series, we discussed what constitutes a breach of contract and whether a breach allows you to suspend performance until the breach is cured. Assuming that a contract has...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … Export Controls and Economic Sanctions Red Flags (Anti-corruption Series Part...

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We have received several requests to publish a list of red flags pertinent to multinational organizations. To accommodate these requests, we are publishing a three-part series on anticorruption, export controls and economic...more

Quarles & Brady LLP

Survival Series: Acceptance, Rejection, Revocation of Acceptance, and Right to Cure (Article #11)

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In our previous articles in the Supply Chain Survival Series, we discussed when a party’s failure to perform may (or may not) be excused by a contractual force majeure provision or by the common law doctrines of...more

Quarles & Brady LLP

Supply Chain Survival Series: Acceptance, Rejection, Revocation of Acceptance, and Right to Cure (Article #11)

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In our previous articles in the Supply Chain Survival Series, we discussed when a party’s failure to perform may (or may not) be excused by a contractual force majeure provision or by the common law doctrines of...more

Schwabe, Williamson & Wyatt PC

Manufacturing Companies: Runway Starts Now for a Smooth Exit

Exit opportunities for manufacturing companies require planning, diligence, and patience. The manufacturing industry has had it rough over the past few years. Supply chain challenges stemming from the pandemic have lingered,...more

Braumiller Law Group, PLLC

[Webinar] Incoterms - April 11th, 10:30 am - 12:00 pm CDT

Join ICPA and Braumiller Law Group's Washington D.C. of Counsel Jim Holbein for a presentation on incoterms - The webinar will cover the obligations, costs and risks associated with all the seven multimodal Incoterms and...more

Foley & Lardner LLP

Key Terms and Conditions for Buyers and Sellers in the Supply Chain

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Commercial forms – such as quotations, purchase orders and invoices – and associated terms and conditions are ubiquitous in the supply chain and often the only contract that exists between a buyer and seller. When used...more

Quarles & Brady LLP

Supply Chain Survival Series: Key Statutory Default Terms (Article #5)

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In our previous article, we discussed the infamous “Battle of the Forms,” where conflicting terms in buyers’ and sellers’ purchase orders, invoices, and order confirmations can result in neither side’s terms governing their...more

McDermott Will & Schulte

2022 J.P. Morgan Healthcare Conference: Life Sciences Investment Forum

Despite offering one of the lowest total deal values on record, 2021 was an active M&A year. Due to the strong capital markets, a seller’s market continued, creating additional urgency for biopharma companies to accelerate...more

White & Case LLP

UK M&A reaches new highs despite headwinds

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Favorable valuations are fueling opportunistic purchases by overseas bidders- Spiraling COVID rates, supply chain issues and food and fuel shortages have all hit the headlines in the months since the end of the Brexit...more

McDermott Will & Schulte

Does the ADP in Your LNG SPA Meet Your Needs?

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It’s that time of year again when the sellers and buyers of many of the world’s long-term liquefied natural gas (LNG) sales and purchase agreements (SPAs) must agree on the Annual Delivery Programme (ADP). In past years, this...more

Foley & Lardner LLP

Food & Beverage Supply Chain Desk Reference

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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

Foley & Lardner LLP

Force Majeure Tug-of-War: Competing Interests of Buyers and Sellers Negotiating Force Majeure Protections in Supply Chain...

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It is quite common in supply chain contracts for the buyer and the seller to have competing interests in negotiating key contractual provisions and protections. Before COVID-19, force majeure provisions were often just an...more

Farella Braun + Martel LLP

What Retailers Need to Know About California’s Price-Gouging Laws

Pandemic-related price spikes in consumer goods have attracted the attention of both government enforcers and private plaintiff. In California, Attorney General Xavier Becerra has issued two admonitions against price gouging...more

Farella Braun + Martel LLP

Testing California’s Price Gouging Statute

Pandemic-related price spikes in consumer goods have attracted the attention of both government enforcers and private plantiffs. In California, Attorney General Xavier Becerra has issued two admonitions against price gouging...more

White & Case LLP

M&A MAC Clauses – Implications of Coronavirus

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Trends in Material Adverse Change Clauses – Implications of Coronavirus on M&A Transactions - On M&A transactions deal certainty may be a key negotiation issue. Whilst a seller may be reluctant to concede a material...more

Foley & Lardner LLP

Supply Contract Update: Michigan Court of Appeals Affirms that a Requirements Contract Need Not Be Exclusive (Cadillac Rubber &...

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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

Gray Reed

Amazon Packages Bursting into Open Fires, Jack Frost Nipping at Your Nose…

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On December 26, Marty and Dave McFly were playing video games when, downstairs in the living room, the hoverboard that Marty had received for Christmas ignited. The fire quickly engulfed the Christmas tree and spread...more

Sullivan & Worcester

The ICC publishes Incoterms 2020

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On 10 September 2019, the International Chamber of Commerce (ICC) issued a much anticipated set of revisions to the Incoterms – the international commercial terms published to clarify the obligations of buyers and sellers in...more

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