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

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

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

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

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!

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

CBP Issues Operational Importer Guidance Relating to UFLPA

Late Monday, June 13, 2022, Customs and Border Protection (CBP) issued its long-anticipated Operational Importer Guidance to guide importers before the Uyghur Forced Labor Prevention Act (UFLPA) enters into effect on June 21. As a reminder, beginning on that date, CBP will apply a rebuttable presumption that goods coming from the Xinjiang region violate a … Continue Reading

CBP Releases Known Importer Letters and Enforcement Guidance relating to the Uyghur Forced Labor Prevention Act

Earlier this year, U.S. Customs and Border Protection (CBP) released a statement on its website that it would be issuing letters to importers identified as having previously imported merchandise from locations or entities potentially subject to the Uyghur Forced Labor Prevention Act (UFLPA).  Well, CBP stuck to its word and just recently released two sample … Continue Reading

“Is Your Organization Complying With the US Uyghur Forced Labor Prevention Act?” 

The Uyghur Forced Labor Prevention Act goes into effect on June 21, 2022.  The Act creates a rebuttable presumption that “any goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region of the People’s Republic of China” (or by an entity included on a list required … Continue Reading

Supply Chain Investigations and Legal Privilege

Regulators worldwide are increasing their demands that manufacturers and retailers know and understand all aspects of their supply chains as they relate to Environmental, Social, and Governance (“ESG”) goals. Keeping the findings, communications, information, and reports generated in connection with supply chain ESG investigations is imperative to ensure full and candid fact-finding and to manage … Continue Reading

Raw Material Surcharges Again on the Cartel Radar – German Authority Raids Cable Companies

In one of the first dawn raids of the New Year, the German competition authority have raided the premises of several cable manufacturers. The investigation arose in response to alleged coordination of metal surcharge calculations. Metal and other raw material surcharges are used in many industries, in addition to the negotiated price, to allow for short-term … Continue Reading

Establishing Rules of the Road – DHS Soliciting Comments to Support UFLPA Implementation

On January 24, 2022, the Department of Homeland Security (DHS) began soliciting comments on a strategy to ensure goods alleged to have been made with forced labor are not imported into the United States from China, including the Xinjiang region.  The comment window reflects the first major requirement of a law passed by Congress addressing … Continue Reading

U.S. House and Senate Reach Agreement on Uyghur Forced Labor Prevention Act

On December 14, 2021, lawmakers in the House and Senate announced that they had reached an agreement on compromise language for a bill known as the Uyghur Forced Labor Prevention Act or “UFLPA.”  Different versions of this measure passed the House and the Senate earlier this year, but lawmakers and Congressional staff have been working … Continue Reading

Upcoming CLE Hosted by Thompson Reuters:  Why Is Everything Broken? Understanding Pandemic Supply Chains

Partner Sarah Rathke is pleased to present an upcoming year-end CLE in connection with Thompson Reuters entitled, “Why Is Everything Broken? Understanding Pandemic Supply Chains” on December 20, 2021 at 2:00 pm ET.  This CLE will discuss areas causing stress to supply chains including changes in consumption patterns, the labor market, global diplomatic relationships, and … Continue Reading

Cross-Post from Lexis PSL: New Environment Act demands more diligence in supply chains

This is a Cross-Post from Lexis PSL.  Please contact Anita Lloyd and Simon Garbett  with any questions. The Environment Act 2021 (EA 2021), first introduced to Parliament in 2019, received royal assent and became law on November 9, 2021.  EA 2021 places obligations on UK businesses to prevent deforestation.  As published on Lexis PSL on … Continue Reading

Cross-Post from cleveland.com: Why are supply chains broken? Blame the ‘black swan’ tsunami: Sarah Rathke

This is a Cross-Post from The Plain Dealer and cleveland.com.  Please contact Sarah Rathke with any questions. In this article written by partner Sarah Rathke, she explains dramatic strain COVID-19 has put on our logistics networks worldwide and the “‘black swan’ tsunai” effecting today’s global supply-chain.… Continue Reading

From Supply Chain Management Review: Talking Supply Chain Podcast: The Legal Blacksmith

This is from Supply Chain Management Review‘s  Talking Supply Chain Podcast.  Please contact Sarah Rathke with any questions. Partner Sarah Rathke, who co-authored The Legal Blacksmith with Rosemary Coates, discusses the legal implications of today’s supply chain crisis including the disputes supply chain partners face due to disruptions and labor and materials shortages with Bob … Continue Reading

Cross-Post from Restructuring GlobalView Blog – Supply Chain Risk and Increasing Costs: How Are UK Businesses Building Resilience?

This is a Cross-Post from the Restructuring GlobalView Blog.  Please contact Simon Garbett with any questions.  Partner Simon Garbett discusses the impact on the supply chain following the lifting of the coronavirus restrictions in the UK.  To learn how UK businesses are addressing the supply chain issues, read the full article here.… Continue Reading

Upcoming Webinar: Why Is Everything Broken? Understanding Supply Chains in 2021

Partner Sarah Rathke is pleased to present “Why Is Everything Broken? Understanding Supply Chains in 2021” on December 9, 2021 at 11 a.m. EDT. This webinar will discuss the causes of the current supply chain logjams, put them into historical context and will outline various paths forward. As the holidays approach, our sponsor and our … Continue Reading

Cross-Post from Reuters: AI fixes for supply chain logjams carry legal risks

This is a Cross-Post by Reuters.  Please contact Sarah Rathke with any questions. Partner Sarah Rathke discussed with Reuters on how A.I. and digital twin technology can aid to help solve supply chain disruptions and the potential data privacy complications companies might encounter when  sharing detailed supply chain data.  You can view the video interview … Continue Reading

Cross-Post from Am Law Litigation Daily – Squire Patton Boggs Litigator and Supply Chain Expert Sarah Rathke on the ‘Mess All Over the System’

This is an article published by The Am Law Litigation Daily.  Please contact Sarah Rathke with any questions. The global pandemic has landed the manufacturing supply chain in unchartered territory.  SPB Partner Sarah Rathke recently spoke with Am Law Litigation Daily to discuss the supply chain mess from a legal perspective.  The article here recaps … Continue Reading
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