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
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
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
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
Under Brexit, the UK is likely to leave the EU at the end of March 2019 – a development that will impact many global supply chains. Whether the UK will leave pursuant to an orderly arrangement, or whether it will leave without a deal is still unclear, and will likely remain unclear for the next … Continue Reading
In Ratha v. Phatthana Seafood Co. Ltd., Cambodian plaintiffs sued various companies under the Trafficking Victims Protection and Reauthorization Act (TVPRA), alleging that the companies benefitted from human trafficking in the shrimp and seafood industries in Thailand. A California district court found that the claims against certain defendants failed because those companies did not knowingly participate in or benefit from human trafficking; that decision is now on … Continue Reading
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
In the past few months, the United States has rolled out three lists of Section 301 tariffs that it has imposed, or will soon impose, on products being imported from China. For each list there has been, or will soon be, both a public comment period – during which companies could ask for specific tariff … Continue Reading
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
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
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
We have published our latest legal updates for February 2018, highlighting some key commercial and intellectual property developments in the US. The update can be accessed by clicking on the document below.… Continue Reading
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
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
We have published our latest legal updates for January 2018, highlighting some key commercial and intellectual property developments across Mainland China, Hong Kong, and the US. The update can be accessed by clicking on the document below.… Continue Reading
We have published our latest legal updates for November-December 2017, highlighting some key commercial and intellectual property developments across Mainland China, Hong Kong, and the US. The update can be accessed by clicking on the document below. … Continue Reading
Our own Ketan Ganase recently wrote about Predictability Through Incoterms. One important precondition to achieving that predictability is making sure that you are using terms correctly. This is especially true for “FOB,” a term that can mean different things in different contexts.… Continue Reading
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
We have published our latest legal updates for October 2017, highlighting some key commercial and intellectual property developments across Mainland China, Hong Kong, and the US. The update can be accessed by clicking on the document below.… Continue Reading
We have published our latest legal updates for September 2017, highlighting some key commercial and intellectual property developments across Mainland China, Hong Kong, and the US. The update can be accessed by clicking on the document below.… Continue Reading
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
The news from Texas over the last few days has reminded us that a single storm can flood entire cities, shut down factories, cut off warehouses, wash trucks off the road, close airports, and essentially bring an entire supply chain to a screeching halt. What happens to supply contracts then? There is law on this … Continue Reading
We have published our legal updates for the month of July, highlighting some key commercial and intellectual property developments across Mainland China, Hong Kong, and the US. The update can be accessed by clicking on the document below.… Continue Reading
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
