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Supply Chain Transparency: Updates on UK and EU Provisions on Forced Labour and Modern Slavery

Please contact Hannah Laming, Francesco Liberatore and Francesca Puttock with any questions. Forced labour and modern slavery have been the subject of renewed focus across the UK and EU in recent months. While not changing the fundamental reporting requirements under the UK Modern Slavery Act, new guidance from the UK Home Office in March 2025 offers practical … Continue Reading

Court Of International Trade Halts Trump’s “Liberation Day” Tariffs As Administration Appeals Ruling; What Is The Court Of International Trade?

On May 28, the U.S. Court of International Trade (“CIT”) blocked President Trump’s tariffs enacted under the International Emergency Economic Powers Act (“IEEPA”).[1]  The CIT held that the IEEPA does not authorize presidential tariffs for trafficking or for worldwide/retaliatory purposes.[2]  A day later, the U.S. District Court for the District of Columbia issued a preliminary … Continue Reading

Supply Savvy Podcast Series – Episode 4: Exiting Contracts and Handling Suppliers in Distress

In this final episode of Supply Savvy, our podcast series with the Food and Drink Federation (FDF), partners Nicola Smith, Simon Jones and Victoria Callicott and director Ollie Ward-Jones cover strategies for exiting contracts and dealing with supplier insolvency. The hosts discuss termination clauses, risks of incorrect termination, due diligence, contingency plans and red flags … Continue Reading

Supply Savvy Podcast Series – Episode 3: Navigating Regulatory Compliance Issues: A Case Study of Products Contaminated With Peanuts

This latest episode of our podcast series with the Food and Drink Federation (FDF), Supply Savvy, focuses on handling regulatory compliance issues, using a case study of peanut contamination in products. Partner Nicola Smith leads the discussion with partner Simon Jones, partner Victoria Callicott and director Ollie Ward-Jones on immediate actions, communication with stakeholders, legal … Continue Reading

Supply Savvy Podcast Series – Episode 2: Navigating Daily Challenges in Supply Agreements

In the second episode of our Supply Savvy podcast series, partners Nicola Smith, Simon Jones and Victoria Callicott and director Ollie Ward-Jones explore common day-to-day issues in supply agreements, such as delivery delays, quality discrepancies and communication breakdowns, as well as how these issues should be handled. They emphasise proactive approaches, clear communication channels, detailed … Continue Reading

Supply Savvy Podcast Series – Episode 1: The Recipe for Perfect Contracts

In collaboration with the Food and Drink Federation (FDF), we have launched a new four-part podcast series, Supply Savvy, aiming to provide valuable insights into supply chain risk management in the food and drink industry. Hosted by partner Nicola Smith, who specialises in regulatory compliance, alongside supply chain risk management and litigation partner Victoria Callicott, … Continue Reading

Germany’s Supply Chain Law at a Crossroads: the Implications of the Proposed Shift to the CSDDD

Please contact Andreas Fillmann   with any questions. In April 2025, CDU, CSU, and SPD – the coalition parties almost certainly forming Germany’s next federal government – announced their intention to repeal the German Supply Chain Due Diligence Act (Lieferkettensorgfaltspflichtengesetz (LkSG)) as part of a broader initiative to reduce administrative and economic burdens. According to the coalition agreement, … Continue Reading

Understanding Force Majeure in an Uncertain World

Please contact Max Rockall and Tim Flamank with any questions. Over the years, we’ve encountered numerous supply chain challenges, and one recurring issue is the incorrect application of force majeure of contract. Often, suppliers attempt to invoke these clauses to escape their contractual obligations when the contract becomes unprofitable or too costly due to rising … Continue Reading

Cross-Post from The Trade Practitioner – On March 14, 2025, the US Federal Maritime Commission (FMC) announced the initiation of a nonadjudicatory investigation into transit constraints at international maritime “chokepoints.”

This is a cross-post from The Trade Practitioner. Please contact D. Michael Kaye,  Katie Pritchard,  Ruaridh Guy, Joel Cockerell, Michael J. Wray with any questions. The Federal Register notice initiating the investigation identified the following seven global maritime passageways that may be subject to such constraints: (1) the English Channel, (2) the Malacca Strait, (3) the Northern … Continue Reading

Territorial Supply Constraints

Please contact Will Sparks, Gerard McElwee, and Oliver Geiss with any questions Territorial Supply Constraints (TSCs) refer to a range of practices used by brands and manufacturers that limit where retailers, wholesalers and distributors source their products – for example, preventing them from buying products from outside the country where they operate. EU competition law … Continue Reading

Copper Crisis?  The Economic Impacts of a Copper Import Tariff

On February 25, 2025, President Trump signed an executive order directing the Secretary of Commerce to investigate an alleged national security threat to the copper supply chain under Section 232 of the Trade Expansion Act and to report his findings and remediation recommendations.[1] Why Copper? Copper is crucial for defense, infrastructure, electronics, and emerging technologies, … Continue Reading

Cross-Post from Trade Practitioner – Final Rule Implementing ICTS Supply Chain Executive Order 13873 In Effect

This is a Cross-Post from the Trade Practitioner Blog. On May 15, 2019, President Trump issued Executive Order 13873 – Securing the Information and Communications Technology and Services Supply Chain (“EO” or “EO 13873”). After taking comments on a proposed implementing rule, the Department of Commerce (“DOC” or “Secretary”), on the very eve of the … Continue Reading

AirBoss II:  Michigan Court Awards Automotive Supplier $3.5 Million Based On “Unjust Enrichment”

On December 13, 2024, an Oakland County, Michigan trial court awarded AirBoss Flexible Products Co. nearly $3.5 million dollars on an unjust enrichment counterclaim asserted against MSSC, Inc., a tier one U.S. automotive supplier.[1]  The ruling is the latest in a protracted battle between the two companies, which reached its well-known apex in July 2023 … Continue Reading

Bipartisan Push to Strengthen American Supply Chains

Members of the Senate Commerce Committee have demonstrated an early bipartisan interest in continuing to promote U.S. supply chain resilience, highlighting an avenue for bipartisanship in the Trump Administration’s foreign policy agenda. Sen. Marsha Blackburn (R-Tennessee) has partnered with Democratic colleagues as an original cosponsor on the reintroduction of two pieces of legislation aimed at … Continue Reading

Forced Labor Update & Analysis – Fresh Names for the UFLPA Entity List

I. Background The Uyghur Forced Labor Prevention Act[1] (“UFLPA”) was enacted to address alleged forced labor and human rights abuses in the Xinjiang Uyghur Autonomous Region (“XUAR”) of China. The Act relies on a rebuttable presumption that goods were made with forced labor if mined, produced, or manufactured, wholly or in part, in the XUAR or … Continue Reading

Cross-Post From Capital Thinking Blog – EU Publishes Regulation Banning Products Made With Forced Labour

This is a Cross-Post from the Capital Thinking Blog.  Please contact Wolfgang Maschek, Thomas Delille, Marion Seranne, Ludmilla Kasulke, D. Michael Kaye, Christina Economides or Guillermo Giralda Fustes with any questions. The Forced Labour Regulation (FLR) was published on December 12, 2024, prohibiting products made with forced labor on the EU market.  The ban—which will begin on December 14, 2027—will apply to any global company … Continue Reading

Metal Surcharges Back in Antitrust Crosshairs

On 12 December 2024, the Italian antitrust authority has launched an investigation into suspected cartel activity among low-voltage copper cable manufactures. According to the authority, the manufacturers allegedly agreed to standardize surcharges for metal procurement, evading competitive pricing practices as far back as 2005. Furthermore, since 2008, the manufacturers allegedly implemented a unified system, referred … Continue Reading

Trump Administration: Major Changes May be Coming in the Federal Government’s Posture Toward Electric Vehicles (EV’s)

Please contact Jennifer Tharp, Jennifer Satterfield, Michael Hawthorne, Kara-Marie Urban, or Ayah Ighneim with any questions. Automotive manufacturers, regulators and consumers face considerable uncertainty on how the incoming Trump Administration will attempt to reshape the automotive industry when President Donald Trump returns to the White House on January 20, 2025. Significant changes are on the … Continue Reading

Cross-Post from Discourse Magazine:  The Rise and Fall of the WTO

This is a Cross-Post from Discourse Magazine.  Please contact Everett Eissenstat with any questions. Both U.S. presidential candidates have taken firm stances against free trade.  This bipartisan support marks a significant change in our country’s historical stance on promoting open markets and reductions in tariffs.  For a deeper dive into the transformation of the U.S. … Continue Reading

U.S. House Of Representatives Passes The BIOSECURE Act During “China Week”

On September 9, 2024, the U.S. House of Representatives commenced “China Week,” during which the House passed 25 bills intended to limit the influence of the Chinese Communist Party in the United States.[1]  Among these was the BIOSECURE Act—a piece of legislation that would prohibit federal funding for equipment or services provided by a “biotechnology … Continue Reading

Supply Chain Legislation On The Horizon

On May 15, the U.S. House of Representatives passed the Promoting Resilient Supply Chains Act of 2023 by a vote of 390 to 19.  The bill, authored by Rep. Lisa Blunt Rochester (D-Del.) and Rep. Larry Bucshon M.D. (R-Ind.), is a bi-partisan effort and collaboration between the federal government and private entities to “map[], monitor[], … Continue Reading

Supply Chains Are The Next Subject of Cyberattacks

The cyberthreat landscape is evolving as threat actors develop new tactics to keep up with increasingly sophisticated corporate IT environments. In particular, threat actors are increasingly exploiting supply chain vulnerabilities to reach downstream targets. The effects of supply chain cyberattacks are far-reaching, and can affect downstream organizations. The effects can also last long after the … Continue Reading

White House Issues Executive Order to Strengthen Cybersecurity at US Ports

This is an legal insight prepared by D. Michael Kaye, Sarah K. Rathke, Bridget McGovern and Michael J. Wray. Please contact one of the authors with any questions. On February 21, 2024, the White House issued an executive order implementing various measures to bolster the security of US ports by expanding the US Coast Guard’s … Continue Reading

Council On Supply Chain Resilience Tasked With Strengthening Domestic Supply Chains And Limiting Reliance On Foreign Medical Supplies

November 27, 2023 marked the inaugural meeting of the White House Council on Supply Chain Resilience, a cabinet-level council focused on building and advancing the success of America’s critical supply chains.  The meeting commenced the Biden-Harris Administration’s initiative to provide American citizens with domestic access to medicine and vaccines that have previously been inconsistently available.… Continue Reading
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