Sarah Rathke

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FLETF Released Strategy Guidance. Join SPB Webinar To Learn More!

Christmas came early this year.  Ok, not really, but the Department of Homeland Security, which chairs the Forced Labor Enforcement Task Force (FLETF) released its strategy guidance on the Uyghur Forced Labor Prevention Act on June 17, 2022—four days ahead of schedule.  Click here to view FLETF’s strategy guidance. SPB will be hosting a webinar … Continue Reading

CBP Issues Operational Importer Guidance Relating to UFLPA

Late Monday, June 13, 2022, Customs and Border Protection (CBP) issued its long-anticipated Operational Importer Guidance to guide importers before the Uyghur Forced Labor Prevention Act (UFLPA) enters into effect on June 21. As a reminder, beginning on that date, CBP will apply a rebuttable presumption that goods coming from the Xinjiang region violate a … Continue Reading

“Is Your Organization Complying With the US Uyghur Forced Labor Prevention Act?” 

The Uyghur Forced Labor Prevention Act goes into effect on June 21, 2022.  The Act creates a rebuttable presumption that “any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China” (or by an entity included on a list required … Continue Reading

Supply Chain Investigations and Legal Privilege

Regulators worldwide are increasing their demands that manufacturers and retailers know and understand all aspects of their supply chains as they relate to Environmental, Social, and Governance (“ESG”) goals. Keeping the findings, communications, information, and reports generated in connection with supply chain ESG investigations is imperative to ensure full and candid fact-finding and to manage … Continue Reading

Establishing Rules of the Road – DHS Soliciting Comments to Support UFLPA Implementation

On January 24, 2022, the Department of Homeland Security (DHS) began soliciting comments on a strategy to ensure goods alleged to have been made with forced labor are not imported into the United States from China, including the Xinjiang region.  The comment window reflects the first major requirement of a law passed by Congress addressing … Continue Reading

Upcoming CLE Hosted by Thompson Reuters:  Why Is Everything Broken? Understanding Pandemic Supply Chains

Partner Sarah Rathke is pleased to present an upcoming year-end CLE in connection with Thompson Reuters entitled, “Why Is Everything Broken? Understanding Pandemic Supply Chains” on December 20, 2021 at 2:00 pm ET.  This CLE will discuss areas causing stress to supply chains including changes in consumption patterns, the labor market, global diplomatic relationships, and … Continue Reading

Cross-Post from Lexis PSL: New Environment Act demands more diligence in supply chains

This is a Cross-Post from Lexis PSL.  Please contact Anita Lloyd and Simon Garbett  with any questions. The Environment Act 2021 (EA 2021), first introduced to Parliament in 2019, received royal assent and became law on November 9, 2021.  EA 2021 places obligations on UK businesses to prevent deforestation.  As published on Lexis PSL on … Continue Reading

Cross-Post from cleveland.com: Why are supply chains broken? Blame the ‘black swan’ tsunami: Sarah Rathke

This is a Cross-Post from The Plain Dealer and cleveland.com.  Please contact Sarah Rathke with any questions. In this article written by partner Sarah Rathke, she explains dramatic strain COVID-19 has put on our logistics networks worldwide and the “‘black swan’ tsunai” effecting today’s global supply-chain.… Continue Reading

From Supply Chain Management Review: Talking Supply Chain Podcast: The Legal Blacksmith

This is from Supply Chain Management Review‘s  Talking Supply Chain Podcast.  Please contact Sarah Rathke with any questions. Partner Sarah Rathke, who co-authored The Legal Blacksmith with Rosemary Coates, discusses the legal implications of today’s supply chain crisis including the disputes supply chain partners face due to disruptions and labor and materials shortages with Bob … Continue Reading

Cross-Post from Restructuring GlobalView Blog – Supply Chain Risk and Increasing Costs: How Are UK Businesses Building Resilience?

This is a Cross-Post from the Restructuring GlobalView Blog.  Please contact Simon Garbett with any questions.  Partner Simon Garbett discusses the impact on the supply chain following the lifting of the coronavirus restrictions in the UK.  To learn how UK businesses are addressing the supply chain issues, read the full article here.… Continue Reading

Upcoming Webinar: Why Is Everything Broken? Understanding Supply Chains in 2021

Partner Sarah Rathke is pleased to present “Why Is Everything Broken? Understanding Supply Chains in 2021” on December 9, 2021 at 11 a.m. EDT. This webinar will discuss the causes of the current supply chain logjams, put them into historical context and will outline various paths forward. As the holidays approach, our sponsor and our … Continue Reading

Cross-Post from Reuters: AI fixes for supply chain logjams carry legal risks

This is a Cross-Post by Reuters.  Please contact Sarah Rathke with any questions. Partner Sarah Rathke discussed with Reuters on how A.I. and digital twin technology can aid to help solve supply chain disruptions and the potential data privacy complications companies might encounter when  sharing detailed supply chain data.  You can view the video interview … Continue Reading

Cross-Post from Am Law Litigation Daily – Squire Patton Boggs Litigator and Supply Chain Expert Sarah Rathke on the ‘Mess All Over the System’

This is an article published by The Am Law Litigation Daily.  Please contact Sarah Rathke with any questions. The global pandemic has landed the manufacturing supply chain in unchartered territory.  SPB Partner Sarah Rathke recently spoke with Am Law Litigation Daily to discuss the supply chain mess from a legal perspective.  The article here recaps … Continue Reading

Cross-Post From Capital Thinking Blog – Update: Biden Officials Request Comments on Challenges Facing Key Sectoral Supply Chain Disputes

This is a Cross-Post from Capital Thinking blog.  Please contact Ludmilla Kasulke with any questions. As Milla Kasulke reports at our Capital Thinking Blog, the Department of Defense is seeking comments on four supply chain topics identified by the agency, in connection with President Biden’s February 24, 2021 Executive Order entitled, “America’s Supply Chains.”  Comments … Continue Reading

We’re In The WSJ!

We made the Wall Street Journal today in an article discussing recent efforts by suppliers to provide for greater price flexibility in their supply chain contracts, quoting supply chain partner Sarah Rathke. While price escalation clauses are well known in some industries (for instance, energy) and in some geographical markets (for instance, at times, in … Continue Reading

Trend Alert: Federal Oversight of Unaccompanied Minor Labor Trafficking Targets Agricultural Sector

Companies based or doing business in agricultural areas in the U.S. could soon be under increased scrutiny from the federal government, including Congressional investigators, stemming from labor trafficking of unaccompanied migrant children and teens. This year alone, over 90,000 minors attempted to cross the U.S.  When stopped at or near the border, the children are … Continue Reading

Congress Takes Aim At Uyghur Forced Labor

U.S. companies importing certain products from China may be facing additional supply chain challenges in the near future.  On July 14, 2021, the Uyghur Forced Labor Prevention Act (“UFLPA”) was passed unanimously by the U.S. Senate.  It now moves to the House, where it is expected to pass easily—a previous version of the bill passed … Continue Reading

Owners of Colonial Pipeline Hit With Class Action Regarding Allegedly Deficient Cybersecurity Following Hack, Showing All Data Breaches Carry Litigation Risk

This is a Cross-Post from Consumer Privacy World. Please contact Kristin Bryan with any questions. Well, that took no time at all. On May 19, 2021, the first class action was filed against the owners of the Colonial Pipeline by a putative class of customers, based on alleged elevated fuel prices as a result of the cyberattack. … Continue Reading

Upcoming Webinar: Colonial Pipeline Hack – Understanding cyber-attacks, supply chain breaks and data breach litigation issues

Please join us on Tuesday, May 25 at noon EDT for Colonial Pipeline Hack – Understanding cyber-attacks, supply chain breaks and data breach litigation issues. Over the last week, Americans have been riveted by scenes of panic buying at the pump after a ransomware attack shut down the Colonial Pipeline, a critical source of fuel … Continue Reading

Strategies for Responding to Withhold Release Orders

This is a Cross-Post from ISM.  Please contact Sarah Rathke, Ludmilla Kasulke, Marisa Darden, and Ericka Johnson with any questions. With increased global supply chain awareness and monitoring, there has been a parallel increase in border actions prohibiting or suspending the importation of goods made with forced or child labor.  Accordingly, Squire Patton Boggs’ supply … Continue Reading

CBP Likely To Issue More WROs Based on Forced Labor Allegations

Recent developments in Congress and now unprecedented action by U.S. Customs and Border Protection (CBP) likely signal increased supply chain enforcement may be coming – and US importers should take notice. As discussed in our previous blog entry, on March 18, 2021, the Senate Finance Committee held a hearing titled, “Fighting Forced Labor: Closing Loopholes … Continue Reading

Congress Contemplates National Manufacturing Guard Act of 2021

As almost every industry has discovered, the COVID-19 pandemic has highlighted weaknesses in American supply chains.  The sudden and severe lock-down on international shipping and materials and components shortages have made it clear how dependent United States consumers are on other countries.  A number of U.S. Senators therefore have introduced bipartisan legislation seeking to directly … Continue Reading

Trend Alert:  Increased US Oversight of Forced Labor in Supply Chains

Continuing the trend toward increased oversight of forced labor in supply chains (see our post from last week on groundbreaking German legislation in this space), on March 18, 2021, the US Senate Finance Committee will hold a hearing on “fighting forced labor.”  Specifically, the hearing will focus on “[c]losing the loopholes and improving customs enforcement … Continue Reading

Germany Considers Enacting First-Ever Law Requiring Companies To Both Monitor And Control Supply Chain Practices

Earlier this month, the German government resolved to approve a new supply chain law that would impose unprecedented obligations on German companies to control labor and control practices – not only of their own operations, but within their supplier as well.  Determining that “voluntary compliance” supply chain laws, which require companies to monitor and report … Continue Reading
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