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Midterm Election Analysis

On Tuesday, November 6, voters across the US cast ballots in the first major referendum since the election of President Donald J. Trump in 2016. As a result of the most expensive midterm elections in history, Democrats will be in charge of the House of Representatives and Republicans will expand their control of the Senate … Continue Reading

Webinar: Bid Protest Process – Don’t Be Late!

The US federal government contracts bid protest process and timing is different based on the type of procurement and contract vehicle involved. You could be left without much of a remedy if you miss a critical deadline. To help lessen the anxiety, some of our legal experts from our government contracts team – Karen Harbaugh, … Continue Reading

Potential Impact of Recent US Tariffs and Trade Actions on the Automotive Industry

The US Department of Commerce investigation into the threat of automotive imports to US national security under Section 232 of the Trade Expansion Act of 1962, as amended, started in May 2018.  Currently, the Trump Administration is considering a 25% tariff on vehicles and auto parts from all foreign countries of origin.  Additional Section 301 tariffs against … Continue Reading

Section 301 Tariffs – Recent Developments

The following is an update from Frank Samolis, a partner in our Washington DC office, and Rory Murphy, an associate in our Washington DC office.  Frank is co-chair of our International Trade Practice and he advises clients on a wide range of international trade matters.  Rory is a member of our Public Policy International Practice who focuses … Continue Reading

Force Majeure in a Tight Labor Market

2018 has produced a tight labor market for many manufacturers.  Particularly in the electronics, aerospace, and trucking/automotive sectors, skilled laborers are becoming increasingly difficult to find.  As a consequence, many manufacturers are finding themselves in a position where they are unable to perform contracts that have any degree of complexity without a level of scrap … Continue Reading

How Do You, Your Suppliers and Customers Fare as Trade Tensions Escalate?

It has been a tumultuous year for trade. Nearly all steel and aluminum imported into the US now face additional 25% and 10% tariffs, respectively, after the Trump Administration determined such imports threatened US national security. An additional 25% tariff will be added to a growing list of products from China, following a US investigation … Continue Reading

The EU Conflict Minerals Regime

Responsible sourcing is a vital consideration for supply chain professionals, however, sourcing valuable minerals from conflict-affected and high-risk areas is one of the most challenging supply chain concerns.  Importers of conflict minerals must meet the obligations of EU Regulation 2017/821, the Conflict Minerals Regulation, requiring third-party audits and disclosures about supply chain due diligence. Our resident conflicts … Continue Reading

Account Overdue: What Now? (Part 2)

Where were we… In our previous post, we discussed alternative account receivable collection mechanisms, export insurance, trade credit insurance, and factoring – detailing the pros and cons of such tools. In this post, we will explore the ever popular letters of credit, time drafts, and finally several other best practices and alternative tools that can … Continue Reading

Account Overdue: What Now? (Part 1)

Picture yourself starting a new relationship with a new contact and future distributor in South America. You checked references, as far as that goes, but there are not many companies with experience with your products in the region. Do you take the plunge and hope for the best relying on your arbitration provision or choice … Continue Reading

Predictability Through Incoterms

Expanding your business beyond the borders and perceived safety of your own country may be a frightening prospect full of uncertainties, but in today’s global marketplace, it often is the only option available to stay competitive. The nature of cross-border business is such that a lot can be lost in (miss)translation. Parties to international transactions … Continue Reading

Arming the Supply Chain

In an effort to bolster his “Buy American” agenda, President Trump and his administration are taking the first steps in allowing for a more lenient oversight of American gun makers to sell non-military small arms and ammunition to foreign buyers. When complete, this plan would shift the oversight of non-military firearm sales from the State … Continue Reading

Heads Up Federal Contractors, Buy American Laws Are Going to Impact Supply Chains

Previously (here and here), we discussed the Trump administration’s renegotiation of NAFTA and the steps the President has taken to promote Buy American and Hire American.  Now the Department of Defense and the Department of Commerce, together with the White House, are taking steps to ensure enforcement of Buy American Laws. On June 20, 2017, … Continue Reading

Guest Post: What’s in Your Dispute Resolution Clause? Six Ways Dispute Resolution Clauses Impact Supply Chain Contracts

The following is a guest post from Joe Jones providing insight on drafting dispute resolution clauses in supply chain contracts and determining which provisions will work best for you.  This will be the first of many blog posts by Joe where he will discuss topics related to drafting and negotiating supply chain contracts.  Joe is … Continue Reading
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