What You Need to Know for Industry 4.0 – Read Our Article on IACCM

Rosemary Coates and Sarah Rathke (authors of Legal Blacksmith: How to Avoid and Defend Supply Chain Disputes) posted an article on International Association for Contract & Commercial Management (IACCM) about Industry 4.0 and its impact on supply chain contracts.  The exchange of information and integration of machines is creating sophisticated needs, not to mention leaving an audit trail that will need to be reviewed should a dispute arise and driving up costs.  Rosemary and Sarah discuss how governing contracts must change to accommodate and protect.

You can read the article here: Big data, big benefits – and a ton of risk for your supply chain contracts? 

Buy American, Hire American – Coming Soon to Impact a Supply Chain Near You

American industryFollowing up on our previous post on the Trump administration’s renegotiation of NAFTA, the President has taken further steps towards his campaign theme of promoting American industry.  On April 18, 2017, President Trump signed the “Buy American, Hire American” executive order.  The White House release states the order was promulgated in response to a February 2017 Government Accountability Office (GAO) report “suggest[ing] the United States is not getting its fair share of the global government procurement market through the World Trade Organization (WTO) Agreement on Government Procurement (GPA).”  Further, the release contends, “companies routinely abuse the H-1B visa program by replacing American workers with lower paid foreign workers.”

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Cross-post from Conflict Minerals Law Blog: Conflict Minerals Report No Longer Required? Wait — Not So Fast

Now that the matter has been remanded to the Commission, Acting Chairman Piwowar and the SEC Division of Corporation Finance have both issued public statements on the D.C. Court of Appeals decision reaffirming its prior holding that the Conflict Minerals rule “violate[s] the First Amendment to the extent the statute and rule require regulated entities to report to the Commission and to state on their website that any of their products have “not been found to be ‘DRC conflict free.'”” The Commission is now tasked with determining how to address the decision and how that affects the overall implementation of the Conflict Minerals rule.  Read the full update on our Conflict Minerals Law Blog below:

Conflict Minerals Report No Longer Required? Wait — Not So Fast

Cross-post from Conflict Minerals Law Blog: Final EU Conflict Minerals Regulation – Only the Publication Step Remains

The European Council has approved the conflict minerals regulation, marking the final procedural step before publication.  Read the latest update and what to expect next on our Conflict Minerals Law Blog.

Final EU Conflict Minerals Regulation – Only the Publication Step Remains

Sarah Rathke speaks to “Talkin’ Cloud” Regarding Channel Stuffing

Last week, Sarah Rathke spoke with Derek Handova for Talkin’ Cloud about the practice of “channel stuffing” in the supply chain.  Channel stuffing is the practice of booking sales before items are actually sold at retail – and is often a form of fraud meant to increase a company’s apparent sales volumes.

Channel stuffing happens in every industry, but the question is, how to stop it.  The article describes several suggestions, but most involve increased oversight over sales personnel.  For more details, read the entire article here:

Channel Marketing: It’s Not Sold Until It’s Sold at Retail

Trump Administration to Renegotiate NAFTA – Effect on Supply Chains?

3D_Rendering_of_North_American_Free_Trade_Agreement_NAFTA_MemberThe Trump administration has indicated its intention to renegotiate the North American Free Trade Agreement (“NAFTA”).  Currently, a draft letter is being circulated by the U.S. Trade Representative to members of Congress for their review.  Stephen Vaughn, acting U.S. Trade Representative, wrote in the draft notification letter that “[t]he persistent U.S. deficit in goods trade with Canada and Mexico demands that this administration take swift action to revise the relationship to reflect and respond to new 21st century challenges.”  If approved by Congress, formal negotiations with Mexico and Canada could start later this year.

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Cross-post from Conflict Minerals Law Blog: European Conflict Minerals Regulation — Details On What EU Importers Must Do

We’ve published another update on conflict minerals rules, this time regarding the EU regulation.  Click below to read about the proposed EU conflict minerals regulation, some similarities it has with the US rule, and importantly what EU importers need to know to comply with its requirements.

European Conflict Minerals Regulation — Details On What EU Importers Must Do