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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

Can Importers Challenge Section 307 Detentions in Federal Court? The First Test Case

U.S. Customs and Border Protection (CBP) is stepping up enforcement of U.S. laws prohibiting the importation of goods made with forced, indentured, or prison labor.  While existing regulations provide importers with recourse to seek release of improperly detained shipments, these procedures can be challenging to navigate and may require legal action. On April 15, Virtus … 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

Big Changes to the Buy American Act for US Government Contractors

Recent modifications to regulations and federal government acquisition policies portend big change for contractors across the US, and their suppliers around the world. Breaking away from traditional political positions, former President Donald Trump and newly-inaugurated President Joe Biden each took steps in January 2021 to revise Buy American Act (BAA) requirements, which could have significant … 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

Upcoming Webinar: Please join us for 2021 Outlook: Rail Industry Trends

Please join us on Thursday, March 18 at 1PM EDT for 2021 Outlook:  Rail Industry Trends. In partnership with Commtrex and Arthur J. Gallagher Insurance, Risk Management and Consulting, we have assembled a panel of industry leaders who will provide keen insights into current issues and trends regarding the ever-evolving future of rail, including the … Continue Reading

Cross Post from Legal Era: “Product Liability in Asia”

This is a Cross-Post from Legal Era.   Please contact Sarah Rathke, David Goh or Bindu Janardhanan with any questions. SPB Hong Kong partners  David Goh and Bindu Janardhanan recently published an article in Legal Era magazine discussing the development of product liability law in Asia and the driving force in the increasing awareness of consumer rights … Continue Reading

Cross-Post from CompanyWeek: The new American manufacturing policy should be clear: No job left behind

This is a Cross-Post from CompanyWeek.  Please contact Sarah Rathke with any questions. It is a new age, and the US faces challenges when competing against the global manufacturing leader, China.  The article here recaps a recent panel discussion sponsored by CompanyWeek (on which SPB partner Sarah Rathke was a panelist), discussing how American manufacturing policy would benefit US … Continue Reading

Interview with DC Velocity: China and U.S. face “reckoning” over trade disruptions in 2021

Please contact Sarah Rathke with any questions. SPB supply chain lawyer Sarah Rathke was interviewed by Ben Ames of DC Velocity regarding the potential international trade disruptions with China in 2021.  Sarah discusses the potential challenges facing the Chinese international trade supply chain and the difficulties in predicting Chinese policies this year.  You can read the full … Continue Reading

Interview with Supply Chain Dive: Biden invokes DPA to combat supply shortages, but experts say it’s no ‘magic wand’

Please contact Sarah Rathke with any questions. Through a recent executive order, the Biden administration has the authority to use the Defense Production Act (DPA).  Recently, SPB supply chain lawyer Sarah Rathke was interviewed by the Supply Chain Dive concerning use of the DPA.  The Supply Chain Dive article here explains how the DPA order will require … Continue Reading

DHS’s China “Strategic Action Plan” and Bringing Together China Supply Chains and China Policy

The year 2021 will likely be a year of geopolitical reckoning between the United States and the People’s Republic of China, which will inevitably have direct and indirect flow-down effects into US supply chains.  While the Biden Administration has not yet unveiled many specifics as to what its approach to China will be, on January 12, … Continue Reading

Cross-Post from American University Business Law Review: Why Choose LTAs? An Empirical Study of Ohio Manufacturers’ Contractual Choices Through a Bargaining Lens

This is a Cross-Post from American University Business Law Review.  Please contact Sarah Rathke with any questions. The  American University Business Law Review recently published an article entitled Why Choose LTAs? An Empirical Study of Ohio Manufacturers’ Contractual Choices Through a Bargaining Lens. In this study Case Western Reserve University Professor Juliet Kostritsky and now-Squire … Continue Reading

Cross-Post from Employment Law Worldview:  EEOC Publishes Guidance on Employer Mandatory COVID-19 Vaccination Policies (US)

This is Cross-Post from Employment Law Worldview.  Please contact Daniel Pasternak with any questions. U.S. Equal Employment Opportunity Commission’s (EEOC) updated COVID-19 guidance indicates that employers can implement and enforce mandatory COVID-19 vaccines for their employees.  The article here breaks down the key takeaways from EEOC’s updated COVID-19 guidance.… Continue Reading

Cross-Post from Consumer Privacy World: ICE COLD MOVE: US Government Warns of Cybercriminals Targeting Cold Supply Chain for COVID-19 Vaccine

This is a Cross-Post from Consumer Privacy World.  Please contact Elliot Golding and Kristin Bryan with any questions. Last week the US Homeland Security Department issued a warning regarding supply chain cyberattacks aimed at the cold chain delivery and storage of companies and government organizations responsible for the distribution of the coronavirus vaccines worldwide.  For … Continue Reading

Cross-Post from Capital Thinking blog: Transition 2020 | Biden Pledges to Expand Buy American Policies, Promote Domestic Supply Chains

This is a Cross-Post from the Capital Thinking blog.  Please contact Perrin Brown and Ludmilla Kasulke with any questions. President-Elect Biden has pledged to strengthen Buy American orders and to implement a “Made in America” tax credit and other federal incentives to “Build Back Better” economic plan the will impact international supply chains.  Read the … Continue Reading

Cross-Post from Employment Law Worldview blog: CDC Updates COVID-19 Guidance to Include Alternatives to 14-Day Quarantine Recommendation (US) Actions

This is a Cross-Post from Employment Law Worldview blog.  Please contact Melissa Legault with any questions. On December 2, 2020 the U.S. Centers for Disease Control and Prevention (CDC) announced updated COVID-19 quarantine guidelines.  The updated CDC guidelines include 10-day and 7-day quarantined alternatives to the prior 14-day quarantine recommendation, which the CDC has determined … Continue Reading

Cross-Post from Law360: Key Gov’t Tools For Addressing National PPE Shortages

This is a Cross-Post from Law360.  Please contact Sarah Rathke with any questions. The COVID-19 pandemic has revealed shortcomings in U.S. supply chains requiring immediate action to continue to provide personal protective equipment (“PPE”) during the ongoing crisis.  Here, we’ve been published in Law360, discussing federal solutions for our national PPE shortages.  Read the full … Continue Reading

Cross Post from SDCE Supply & Demand Chain Executive: L.I.N.K. | The Delicate Balance of Negotiations with Scotwork, Squire Patton Boggs

This is a Cross-post from SDCE Supply & Demand Chain Executive.  Please contact Sarah Rathke with any questions. This podcast interview led by SDCE Associate Editor Brielle Jaekel discusses surprising findings regarding buyer-supplier negotiations with Scotwork CEO Brian Buck and supply chain negotiation best practices with supply chain lawyer Sarah Rathke.  You can listen to … Continue Reading
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