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See Our Interview Concerning California Transparency Lawsuits in Inside Counsel Magazine!

Last week, we had the great honor of talking with Amy Stickel at Inside Counsel Magazine about the recently filed California lawsuits based on companies’ California Transparency in Supply Chain Disclosure Act statements and/or their internal supply chain policies.  Previously, we’ve written about these lawsuits in this blog here and here. With Amy, we discussed how these lawsuits … Continue Reading

Announcing 30-Minute Boot Camp to Discuss the New Supply Chain Litigation Trend

In our last two posts (here  and here), we discussed the most recent supply chain litigation trend:  litigation based on companies’ California Transparency in Supply Chains Act disclosures.  We expect these cases to increase over the next weeks, months, and years, and predict that they will be expensive and distracting for companies that have to … Continue Reading

Defending Against New-Style Supply Chain Litigation (Or, There Are Teeth in the California Transparency in Supply Chains Act – Don’t Get Bitten) (Or, More Cases Filed)

Last week, we posted about the newly-filed consumer class action against Costco in federal court in San Francisco, based on Costco’s disclosure under the California Transparency in Supply Chains Act.  As we noted, this is the first case of its kind, in which plaintiffs’ lawyers are seeking injunctions, restitution and other damages for a putative … Continue Reading

Litigation Fallout From All This Supply Chain Transparency Legislation (Or, These Things Have Teeth!) (Or, The Cycle of Misfortune)

In previous posts, we’ve talked about emerging legislation designed to increase visibility and transparency in supply chains to bring about desirable social ends.  We’ve discussed, for instance, the California Transparency in Supply Chains Act and the UK Modern Slavery Act, both of which require companies to disclose their efforts to eradicate slavery from their supply … Continue Reading

The UK Modern Slavery Act (Or, The UK Just Got A Lot More Like California) (Or, A Domestic Anti-Slavery Law With International Implications)

Bonded labor.  Indentured servitude.  Human trafficking.  These are terms for modern slavery, essentially obtaining or holding another person in compelled service.  The UN’s International Labour Organization estimates that 21 million people are enslaved around the world, generating approximately $150 billion a year in profits. Earlier this year as part of National Slavery and Human Trafficking Prevention … Continue Reading

Seeing the Future (Or, Supply Chain Visibility) (Or, See Our Article in ISM Magazine)

Supply chain visibility is a known trend in the corporate world.  Operationally, end-to-end visibility has become the gold standard in supply chain management, with best practices companies being the first to achieve meaningful visibility into what their suppliers are doing.  But how do you achieve visibility?  And presuming that you have visibility, what do you track? … Continue Reading

Supply chain survey: POLITICO Europe’s look into what the European Commission is requesting

Recently the European Commission’s Directorate-General for Competition has launched a sector inquiry into e-commerce in the EU.  The aim is to gain a better understanding of possible antitrust concerns within the supply chain structure of Europe’s online marketplace.  Businesses in all 28 EU Member States are being asked to provide data that may shed light on … Continue Reading

Supply Chain Dispute Note with Practical Law (Or Supply Chain Dispute Resolution in the US)

This week, we were honored to have the opportunity to publish a Note discussing the basics of supply chain legal disputes with Practical Law, an affiliate of Thomson Reuters.  Our Note discusses the stages and unique aspects of supply chain litigation, including at the initial pleadings, discovery, and trial stage.  Thanks to Steve Skulnik for this … Continue Reading

Drafting Liquidated Damages Clauses (Or, See Simon Garbett Quoted in “Supply Management”)

This week, our very own Simon Garbett was quoted in an article in “Supply Management” entitled, “What should a liquidated damages clause include?” Liquidated damages clauses are, of course, clauses that appear often in supply chain contracts, and that prescribe a specified amount of damages if a specified breach of the contract occurs.  Simon reminds … Continue Reading

Supply Chain Disputes With China (Or, How To Protect Your Interests) (Or, How To Avoid Really Pointless Litigation)

In terms of supply chain relationships, China is often alluring.  Known as a low cost manufacturing country, China (among other non-US locations) often strikes some industrial buyers as a good place from which to source components, or to assemble finished goods.  Chinese contract manufacturers (CMs) are amongst the largest in the world, and can provide … Continue Reading

The Legal Aspects Of Reshoring (Or, Be Sure You Have The Right To Terminate) (Or, Talking With Derek Handova of B2B Network News)

Is your business considering reshoring its manufacturing operations or supply chain?  Reshoring is the latest trend in manufacturing.  There are often significant advantages to reshoring.  Plus, many view the reshoring movement as patriotic.  If your company is thinking about reshoring its manufacturing operations or its supply chain, however, be sure to consider the legal implications of moving back … Continue Reading

California Asserts Its Transparency In Supply Chains Act (Or, Letters To Retailers And Manufacturers) (Or, Seeing Through Supply Chains)

It’s springtime, which apparently means… that the California Department of Justice has begun what looks like enforcement measures with respect to California’s 2010 Transparency in Supply Chains Act.  If you are a manufacturer or a retailer who has received a letter inquiring about your compliance with this (relatively) new legislation, don’t be surprised.  It is apparently … Continue Reading

More Legal Implications From The West Coast Ports Labor Dispute (Or, What To Do If Your Supply Chain Contract Does Not Address Disaster) (Or, Yet Another Goofy UCC Provision)

Last week, we discussed the legal fallout from the West Coast Ports dispute.  In particular, we talked about how a force majeure clause in a supply chain contract can help supply chain partners avoid disputes.  Force majeure clauses allocate which supply chain partner bears the risk – and the cost – in the event disaster … Continue Reading

Legal Fallout From The West Coast Ports Labor Dispute (Or, How To Take Risk Into Account In Supply Chain Contracts) (Or, We Like Meaty Meat)

Although the West Coast Ports labor dispute has more or less resolved, the consequences continue to be felt across supply chains both in the U.S. and internationally.  Especially hard hit have been the retail, automotive, and agricultural industries, with several companies (such as the Gap, Lululemon, and Williams-Sonoma) negatively revising their financial outlooks.  Honda took … Continue Reading

Supply Chain Brain Podcast

The Apple-GTAT disaster.  Working with international suppliers.  Constructing supply chain agreements for development projects when success and cost structure are not guaranteed.  We discuss these subjects and more with Bob Bowman of Supply Chain Brain.  Thanks Bob! Listen to our Podcast by clicking on the link here:  http://www.supplychainbrain.com/content/nc/executive-education/podcasts/single-article-page/article/lessons-from-an-apple-supplier-debacle/  … Continue Reading

Some Really Good Supply Chain Press This Week!

This week, our Squire Patton Boggs global supply chain legal team has gotten some really good press! On Friday, March 6, 2015, Inside Counsel Magazine interviewed Sarah Rathke on “How to Hammer out Supply Chain Contract Issues.”  In this article, we discuss best practices for drafting supply chain agreements and avoiding disputes.  One of the … Continue Reading

Supply Chain Litigation – Presenting Technical Testimony To The Factfinder – See Our Article In The Voice

Almost inevitably, supply chain litigation involves technical testimony.  Most complex supply chain disputes involve contested engineering testimony, design documents, reliability statistics, and financial damages models.  Whether the ultimate factfinder is a jury or a judge (or a foreign court), the factfinder usually does not have a technical background.  Therefore, translating this technical evidence into something … Continue Reading

Supply Chain Law: 2014 – Year Of The Recall! (Or, Recalling Recalls) (Or, The Mother Of All Warranty Claims)

Earlier this month, the National Highway Traffic Safety Administration (“NHTSA”) , the federal agency responsible for overseeing automotive safety, released figures showing that 2014 involved a record number of automotive safety recalls – higher than 2011, 2012, and 2013 combined. In all, the industry recalled almost 64 million vehicles in 803 separate recall campaigns, 680 … Continue Reading

See Our Article in “Supply Management, the Procurement and Supply Website”

As many of our readers know, we not only write for this blog, but we also work with other publications.  This week, we were published in “Supply Management, the Procurement and Supply Website,” a resource for executives and supply chain personnel.  Since the publication’s audience is primarily from the UK, we wrote about the legal … Continue Reading

Closing the stable door before the horse has bolted….

Much has been written recently about “ethical” and “responsible” supply chain practices, certification and the need to safeguard provenance and quality of supply.  This is not least to ensure that businesses maintain high standards and integrity (including in their dealings with their own suppliers), as well as promoting values and practices that are aligned to … Continue Reading

See Our Interview on Talking Logistics!

Sometimes at the Global Supply Chain Law Blog, we talk to others in the industry about the legal aspects of developing successful supply chain relationships.  This week, we were fortunate to be invited on Adrian Gonzales’ “Talking Logistics” show.  We talked about the recent case of GT Advanced and Apple and what companies can do … Continue Reading
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