Archives: Legal Analysis

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The Problem with Palm Oil (Or, The Next Wave of Supply Chain Class Actions?)

In previous posts (here, here, and here), we discussed a litigation trend that began in September of this year: putative class action lawsuits against U.S. retailers based on alleged unethical practices in their supply chains.  The first lawsuits asserted the presence of trafficked labor in the Thai and Indonesian shrimp and fishing industries, with complaints … Continue Reading

SPB Policy and Legal Developments in the EU Food and Beverage Sector

Today at Squire Patton Boggs’ Global Supply Chain Law Blog, we are featuring some recent work done by our Global Food and Beverage Practice, which actively monitors regulatory, policy, and case law developments in the food, beverage, and related sectors around the world.  Recently, the group has published an update on food and beverage law … Continue Reading

FDA Implements Three New Rules That Impact Food Supply Chains

On Friday, November 13, the Food and Drug Administration (FDA) finalized three new rules designed to increase food safety and prevent foodborne illnesses that will impact food supply chains. The first rule, called the Produce Safety Rule, establishes “science-based” minimum standards for safe growing, harvesting, packing, and handling of fruits and vegetables grown for human … Continue Reading

Food Supply Chain Issues in China (Or, China’s New Food Safety Act) (Or, Running the Gauntlet in China)

Food trade between the U.S. and China is on the rise.  According to the most recent statistics, China is the third largest exporter of food and agricultural products to the U.S., behind only Canada and Mexico.  And, the U.S. is China’s biggest source of foreign food and agricultural products.  Under the current state of trade, … Continue Reading

New Slavery and Human Trafficking Statements: Coming into Force Today

The new obligation on commercial organisations over a certain size to publish a slavery and human trafficking statement has come into force today. There will, however, be transitional provisions to allow affected businesses sufficient time to understand the new requirements and produce a statement. Businesses with a year-end date on or after 31 March 2016 … Continue Reading

A look into a draft guidance for the Modern Slavery Act UK 2015

Last week, David Whincup, Head of our London Employment practice, wrote a post in the Employment Law Worldview Blog about the draft of the statutory guidance for the UK Modern Slavery Act 2015. My word, you think, if this is the seventh draft, what on earth must versions one to six have been like?  Following … Continue Reading

Read our Article in Compliance Week Regarding Compliance with the UK Modern Slavery Act 2015

We have posted before on the newly-enacted UK Modern Slavery Act 2015 (see here and here).  We were honored recently to be interviewed by Compliance Week concerning compliance with this new law.  As the article notes, we are all still awaiting further guidance, anticipated this month, regarding what companies need to do to comply. One point … Continue Reading

Can Supply Chains Be Completely Transparent?

In some earlier posts (here and here), we discussed the new litigation trend in which plaintiffs are filing putative consumer class actions against manufacturers and retailers for failing to fully abide by their California Transparency in Supply Chains disclosure statements or their internal supplier policies.  Well, as anyone following this story is likely aware, the … Continue Reading

Modern Slavery Act 2015: 10 Key Points for Businesses

  Our colleagues at the Employment Law Worldview Blog have put together a helpful guide of 10 key points on the new requirements of the UK Modern Slavery Act 2015.  The guide provides an excellent breakdown of important points  such as how businesses will be affected by the new disclosure obligation and what steps businesses should be taking … Continue Reading

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
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