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Free For All, or All For One? The Medical Supply Chain and COVID-19

The impact of the COVID-19 pandemic on the global economy needs not restating. The saying “desperate times call for desperate measures” fits the current environment well. Governments throughout the world have instituted or are considering unprecedented measures to keep up with the demand for the medical products necessary to combat COVID-19.  Several such developments come … Continue Reading

Are You An Essential Business?

This week, we anticipate that states and municipalities will likely issue a number of “stay-at-home orders” that will require the temporary closure of businesses not deemed “essential.”  Ohio just put such an order in place, for example.  Unfortunately, to date, the direction to stay at home is not being directed by the federal government or … Continue Reading

Defense Production Act (DPA) and Defense Priorities and Allocations System (DPAS) – Substance and Process

On March 18, 2020, President Trump issued an Executive Order on prioritizing and allocating health and medical resources to respond to the spread of COVID-19 in the US, citing the Defense Production Act of 1950 (DPA), as amended (50 U.S.C. 4501 et seq.).  The DPA confers on the President, and his administration, a broad set … Continue Reading

US Policy Prognosis: The Legislative Response to COVID-19

With the rapid spread of coronavirus disease 2019 (COVID-19), commonly known as the “coronavirus” or COVID-19, lawmakers are proposing and voting on policies to aid people and industries affected by the virus. Several legislative packages have already been enacted, and our elected officials continue to negotiate bills to assist our communities and economy.  Our colleagues … Continue Reading

Cross-Post from The Trade Practitioner: Coronavirus and Trade – US Perspective; What Comes Next?

This is a Cross-Post from The Trade Practitioner Blog.  Please contact our colleagues in the Washington DC office, Frank Samolis, Ludmilla Kasulke, Stacy Swanson and Rory Murphy, with any questions.  The coronavirus outbreak has caused severe, but widely varying disruptions across the US economy, including increased consumer demand of particular goods, reduced production due to … Continue Reading

How Do I Know If What I Do Is An Essential Service?

Companies are asking whether, in the context of coronavirus disease 2019 (COVID-19) lockdowns, their business counts as an “essential service”.  Our colleague Matthew Kirk has prepared a client advisory that addresses this issue from a European perspective, gives a little background to what we see of governments’ approaches to this question so far, and suggests … Continue Reading

Restructuring Protections In A Time Of Coronavirus

“The problem in public life is learning to overcome terror…” ― Gabriel García Márquez, Love in the Time of Cholera There is significant information circulating about how businesses should respond to COVID-19 and overcome the fear and uncertainty about the virus and what comes next. It is easy to find articles about important matters regarding how to … Continue Reading

Coronavirus and US Litigation Involving Multinational Corporations

The globalization of business, combined with the rapid spread of the coronavirus disease 2019 (COVID-19), commonly referred to as the “coronavirus,” renders multinational corporations highly susceptible to litigation in US courts. US companies that have been damaged by COVID-19 issues will likely seek redress through litigation, and foreign businesses operating in the US must be … Continue Reading

Cross-Post from the UK Finance Disputes and Regulatory Investigations Blog: Coronavirus Related Event Cancellations Creating Exposure for Insurers

Our colleagues in our Birmingham office, Garon Anthony and Mariyam Harunah, have prepared an update on the effects of coronavirus related event cancellations for insurers. Last week, the insurer Hiscox confirmed that it has begun to receive notifications of coronavirus related claims. Hiscox has said that it is still too early for it to determine … Continue Reading

Coronavirus: Advisory Regarding COVID-19 Legal Issues in the United States

Our colleagues Laura Lawless, William J. Kishman, Adam D. Colvin, Kimberly J. Donovan, and John E. Wyand have prepared a comprehensive client advisory on the impacts of the coronavirus disease 2019 (“COVID-19”) on organizations in the United States.  While every business faces unique considerations, the document provides detailed guidance that should be considered as organizations … Continue Reading

Offshore Wind: Getting Your Supply Chain Right

In recent years, offshore wind costs have tumbled, leading to significant potential growth in the industry.  However, US offshore wind developers setting up their supply chains need to be prepared to navigate a complicated regulatory scheme involving overlapping federal and state laws, and adequately protect themselves with contracts that reflect the unpredictability of building wind … Continue Reading

The International Comparative Legal Guide to Product Liability 2019: Product Liability in Asia

Developments in product liability regimes around the world should be of interest to any company with a global supply chain.  In particular, as companies continue to source ever more materials from Asia, it is important to be aware of the product liability legal landscape in those countries.  Our colleagues, David Goh and Bindu Janardhanan, have … Continue Reading

Bipartisan Bill Proposes Development of U.S. Electric Vehicle Supply Chain Policy

A bipartisan bill, introduced in the Senate on May 2, seeks to reduce the United States’ dependence on foreign minerals and develop a national electric vehicle supply chain policy. The American Minerals Security Act (S. 1317), which embraces part of a 2017 executive order by President Trump, would “facilitate the availability, development, and environmentally responsible … Continue Reading

Cross-post from the Trade Practitioner Blog: President Trump: “When It Comes to Leverage, Tariffs Are King” – What You Need to Know

Since taking office in January 2017, President Trump has made use of several provisions of US law – including Section 301, targeting unfair trade practices, and Section 232, targeting threats to national security – to bring trading partners to the negotiating table. Major developments over the last two weeks could impact global supply chains across a wide range … Continue Reading

Cross-post from the Trade Practitioner Blog: The Real Significance of OFAC’s Sanctions Compliance Guidance

On May 2, 2019, the US Department of Treasury’s Office of Foreign Assets Control (OFAC) released guidance on effective sanctions compliance programs.  This guidance is useful for any company with an international supply chain, as both U.S. and foreign companies may be subject to, and at risk for violating, U.S. sanctions law.  As a recent example, e.l.f. Cosmetics … Continue Reading

Cross-Post: DOJ Updates Guidance for Corporate Compliance Programs

This week, the US Department of Justice (DOJ) announced an update to its 2017 guidance on how the DOJ will evaluate the effectiveness of a company’s corporate compliance program. The updated compliance guideline (Updated Guidance) is twice the length of the original and utilizes a more instructive approach, serving as a roadmap to prosecutors, and … Continue Reading

US and EU Release Preliminary Tariff Lists Amid WTO Aircraft Subsidies Disputes

As a tactic in the ongoing civilian aircraft subsidies dispute between the US and the EU at the World Trade Organization, the US government has proposed a preliminary list to tax about US$11 billion worth of products exported to the US from the EU.  The product list includes two sections, one focusing specifically on products … Continue Reading

President Trump Signs Memo Focused on Combating Counterfeit Goods, Impacting Supply Chains

On April 3, President Trump signed a memorandum calling for the Department of Homeland Security to prepare a report with recommendations to prevent the trafficking and sale of counterfeit goods in the American marketplace. The Department of Homeland Security is to work with the Commerce Department, the attorney general, and other federal agencies to prepare … Continue Reading

Brexit: Deal or “No Deal”? Preparing for a “No Deal” Brexit

Our colleagues Matthew Lewis, Matthew Kirk, and Robert MacLean have prepared another in-depth analysis of the current status of Brexit.  You can read and download the full update here. The range of options, and timescales, days after the UK should have left the EU, remains as wide as ever. We are still some way from knowing what future trading relationships will look like. … Continue Reading

When Politics Affects Supply Chains

According to recent WSJ reporting , immigration issues at the Mexico-US border are disrupting commercial trade, as US Customs and Border Patrol agents who typically handle trade traffic have been redirected to migrant issues. This redistribution of resources has reportedly caused a pile up of truck traffic and delay of inspections for agricultural and automotive components. … Continue Reading

Brexit: Where Do We Stand at the End of February?

The UK is scheduled to leave the EU on March 29, 2019, but so far the UK has failed to ratify a Withdrawal Agreement.  Whether the UK will leave with or without a deal remains unclear, and the analysis changes on a near-daily basis.  Regardless of outcome, however, the nature of the UK’s future trading relationship with the EU will need to be … Continue Reading

Brexit: Where Do We Stand at the End of January?

The UK is scheduled to leave the EU on March 29, 2019.  At this time, however, the UK has failed to ratify a Withdrawal Agreement, risking a “no-deal” exit.  Whether the UK will leave with or without a deal remains unclear, and the analysis changes on a near-daily basis.  Regardless of outcome, however, the nature of the UK’s future trading relationship with the EU … Continue Reading

Cross-Post from the frESH Blog – Latest News and Perspectives on California Prop 65

Under California’s Proposition 65 (Prop 65), any business with 10 or more employees that manufactures, sells, or distributes any consumer product containing a listed substance in California – directly or indirectly – must label the product with a clear and reasonable warning.  As such, understanding and complying with Prop 65, including the new regulations that became effective on August 30, … Continue Reading
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