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White House Finalizes Long-awaited Build America, Buy America (BABA) Guidance

By Squire Patton Boggs on Posted in supply chain, Uncategorized
On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA) (P.L. 117-58), which includes the Build America, Buy America Act (BABA) requiring infrastructure projects receiving IIJA funding and other federal financial assistance to utilize certain domestically produced materials, including iron or steel products, manufactured products, and construction materials.  On … Continue Reading

Michigan Supreme Court Upholds UCC Statute of Frauds Rule Requiring Quantity Terms To Be In Writing

By Sarah Rathke and Alexis Chandler on Posted in supply chain
The Michigan Supreme Court issued an Opinion on July 11, 2023 in MSSC, Inc. v. Airboss Flexible Products Co., reversing a Court of Appeals opinion holding that blanket purchase orders were enforceable under the UCC Statute of Frauds. In short, the Michigan Supreme Court upheld the longstanding Statute of Frauds rule that contracts must contain … Continue Reading

Changes To “De Minimis” Shipping Will Likely Have Effects Beyond China And Russia

By Michael Hawthorne, C. Bradford Ellison and Sarah Rathke on Posted in supply chain
Changes may be coming to the “de minimis” exception under Section 321 of the Tariff Act of 1930, as amended, which allows goods valued less than $800 to enter the United States free of duty and taxes, and generally free from formal review, when shipped to individual consumers. Senators Sherrod Brown (D-OH) and Marco Rubio … Continue Reading

CBP Targets Battery Tech for UFLPA Enforcement

By Alexis Chandler and Ludmilla Kasulke on Posted in supply chain
Customs and Border Protection (CBP) recently indicated potential increased scrutiny of battery technology under the Uyghur Forced Labor Prevention Act (“UFLPA,” or the “Act”). Although the Act covers essentially all trade touching China’s Xinjiang region, it specifically lists cotton, polysilicon, and tomatoes as high-priority sectors for enforcement. Recent CBP actions indicate battery technologies are also … Continue Reading

DHS Adds Two Entities, Eight Subsidiaries to UFLPA Entity List

By Alexis Chandler and Ludmilla Kasulke on Posted in supply chain
On June 12, 2023, the Department of Homeland Security (DHS), on behalf of the Forced Labor Enforcement Task Force (FLETF), published a Notice adding two entities and eight subsidiaries to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, for allegedly working with the government of the People’s Republic of China’s Xinjiang Province to recruit, … Continue Reading

Improving The International Supply Chain Through IPEF

By Ayah Ighneim, Janine Little and Sarah Rathke on Posted in supply chain
How IPEF Builds On Prior Trade Relationships Negotiated By The Biden Administration: In May 2023, the Biden Administration announced the Indo-Pacific Economic Framework for Prosperity (IPEF), a commitment to improving supply chains between the U.S., and the Indo-Pacific nations of Australia, Brunei, Fiji, India, Indonesia, Japan, Malaysia, New Zealand, the Philippines, Singapore, South Korea, Thailand, … Continue Reading

Supply Chain Webinar: “Drafting Standard Forms for the Purchase of Goods From Suppliers: RFQs, Quotes, Purchase Orders, Long-Term Agreements”

By Squire Patton Boggs on Posted in supply chain
  SPB’s Alexis Chandler will be participating in a CLE webinar on June 6, 2023 at 1pm EDT to discuss Drafting Standard Forms for the Purchase of Goods From Suppliers.  The webinar will discuss requests for quotations, seller’s quotes, purchase orders, and long-term agreements, and how parties can minimize disputes between buyers and suppliers with … Continue Reading

UFLPA Enforcement Remains Work in Progress

By Alexis Chandler, Michael Hawthorne, Ludmilla Kasulke and Sarah Rathke on Posted in supply chain
U.S. Customs and Border Protection’s (“CBP”) implementation of the Uyghur Forced Labor Prevention Act (“UFLPA”) remains a work in progress, as importers work to mitigate shipment detentions and respond to UFLPA reviews and enforcement actions. Emerging best practices may guide stakeholders as they navigate these uncertainties. Develop a Due Diligence System Due diligence systems allow … Continue Reading

Postal Code For Chinese Manufacturers To Be Required By U.S. CBP Beginning This Weekend

By Alexis Chandler, Ludmilla Kasulke, Janine Little and Sarah Rathke on Posted in supply chain
As part of a continued effort to enforce the Uyghur Forced Labor Prevention Act (UFLPA) and to provide early warning to importers and their representatives that goods may have been produced in the Xinjian Uyghur Autonomous Region (XUAR), U.S. Customs and Border Protection (CBP) will require businesses to provide a valid postal code for Chinese manufacturers … Continue Reading

Aluminum Is Now A Hot Topic In Supply Chain And Trade

By Alexis Chandler, Ludmilla Kasulke, Janine Little and Sarah Rathke on Posted in supply chain
Last Friday, February 24, 2023, the Biden Administration issued a Proclamation on Adjusting Imports of Aluminum into the United States.  You can read the full proclamation here. The Proclamation states that, beginning on March 10, 2023, a 200% ad valorem tariff will be imposed on all aluminum articles and derivative aluminum articles produced in Russia.  … Continue Reading

The German Supply Chain Act On Corporate Diligence Obligations in Supply Chains Is In Effect

By Squire Patton Boggs on Posted in supply chain
Previously, we have posted on the German Supply Chain Act on Corporate Diligence Obligations in Supply Chains.  That legislation is now in effect, as of January 1, 2023, and requires companies that have their central administration, their principal place of business, or any branch with over 3,000 employees in Germany to implement specific risk management … Continue Reading

The Automotive Recall Landscape in the US: Advancing Innovation Safely in a Time of Regulatory Uncertainty

By Squire Patton Boggs on Posted in Automotive, Legal Analysis, supply chain
Colleagues Patricia Doersch, Jennifer Satterfield, and Jennifer Tharp have prepared a legal insight outlining the regulatory challenges litigators face as the technology of the autonomous vehicle (AV) industry quickly evolves.  The legislative uncertainty in the US leaves the safety standards of these self-driving/self-parking vehicles up to the US Department of Transportation (DOT) and National Highway … Continue Reading

Cross-Post from Law360: How A Michigan Case Could Upend Auto Part Contracts

By Sarah Rathke and Alexis Chandler on Posted in Automotive, supply chain
This is a cross post from Law360.  Please contact Sarah Rathke or Alexis Chandler with any questions. In the US, the UCC Statute of Frauds’ (2-201) requirement that a contract must contain a written quantity term to be a binding contract, has been the law of the land in all 49 states that have adopted the … Continue Reading

Cross-Post from The Trade Practitioner: Proposed Rule Would Require Government Contractors to Disclose Climate-Related Risks

By Squire Patton Boggs on Posted in government contracts, supply chain, US
This is a Cross-Post from The Trade Practitioner.  Please contact Karen Harbaugh or Sarah Vilms with any questions. The Biden Administration recently released the Federal Supplier Climate Risks and Resilience Proposed Rule requiring contractors of the federal government to disclose climate-related risks.  Read more on the proposed requirements here.… Continue Reading

Common Signs of Business Stress and Distress

By Squire Patton Boggs on Posted in Legal Analysis, supply chain
Our UK colleagues, John Alderton (Leeds), Russ Hill (Birmingham), Monika Lorenzo-Perez (London), Charlotte Møller (London), and Devinder Singh (Birmingham)  have prepared a legal insight outlining how the failure to recognize signs of business stress can cause a company to face a period of distress.  To help identify some of the common signs of business stress … Continue Reading

Supply Chain Webinar: “Why is Everything Broken? Understanding Pandemic Supply Chains”

By Squire Patton Boggs on Posted in supply chain
#TeamSPB’s Litigation Partner Sarah Rathke recently participated in an on demand CLE presentation for Quimbee on Why is Everything Broken? Understanding Pandemic Supply Chains. This presentation discusses the causes of the current supply chain logjams, the ways forward to better deal with supply chain partners, solve problems expeditiously, and be knowledgeable about commercial rights and … Continue Reading

Upcoming Webinar: 2022 Chemicals Workshop Webinar Series: PFAS, REACH and Other Chemical Regulatory Issues

By Sarah Rathke on Posted in supply chain
Please join us on Thursday, October 13 at 12PM EDT for 2022 Chemicals Workshop Webinar Series: PFAS, REACH and Other Chemical Regulatory Issues. Join Allen Kacenjar, Lianne Mantione and Anita Lloyd for the second webinar in our two-part 2022 Chemicals Workshop webinar series, in partnership with the Ohio Chemistry Technology Council (OCTC). In this session, … Continue Reading

DHS Released a Notice on the Addition of Entities to the UFLPA Entity List

By Ludmilla Kasulke and Alexis Chandler on Posted in supply chain
On August 4, 2022, the U.S. Department of Homeland Security (DHS), as the Chair of the Forced Labor Enforcement Task Force (FLETF), formally published the Uyghur Forced Labor Prevention Act (UFLPA) Entity List. The Entity list is a consolidated register of the four lists required to be developed and maintained pursuant to Section 2(d)(2)(B) of … Continue Reading

Bipartisan Bill Introduced by Senate relating to Uyghur Human Rights Policy Act of 2020

By Ludmilla Kasulke on Posted in supply chain
On August 2, 2022, Senators Bob Menendez (D-New Jersey) and Marco Rubio (R-Florida) introduced the Sanctioning Supporters of Slave Labor Act, legislation that would expand the categories of persons that could be sanctioned under the Uyghur Human Rights Policy Act of 2020 (UHRPA).  Rep. Jim Banks (R-Indiana) filed a companion in the House of Representatives. … Continue Reading

Case Update: Dwyer v Fredbar in the Court of Appeal

By Rebecca Green and Grace Walker on Posted in supply chain
In our previous article about post-termination restrictive covenants we discussed the High Court case of Dwyer (UK Franchising) Limited v Fredbar Limited [2021] EWHC 1218 as an example of covenants being found unreasonable and therefore unenforceable. Since then, the Claimant has appealed the judgment and the Court of Appeal has once again found in favor … Continue Reading

Be Reasonable: The Enforceability of Post-termination Restrictive Covenants

By Rebecca Green and Grace Walker on Posted in supply chain
The impact on working arrangements caused by the pandemic has led many workers to re-evaluate what they want from a job, with considerations such as flexible and remote working becoming both more desirable and attainable. This is affecting businesses in all sectors, and the impact it can have not only on a business’s workforce but … Continue Reading

FLETF Released Strategy Guidance. Join SPB Webinar To Learn More!

By Alexis Chandler, Ludmilla Kasulke and Sarah Rathke on Posted in supply chain
Christmas came early this year.  Ok, not really, but the Department of Homeland Security, which chairs the Forced Labor Enforcement Task Force (FLETF) released its strategy guidance on the Uyghur Forced Labor Prevention Act on June 17, 2022—four days ahead of schedule.  Click here to view FLETF’s strategy guidance. SPB will be hosting a webinar … Continue Reading
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