Please contact Jennifer Tharp, Jennifer Satterfield, 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 horizon, with … Continue Reading
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
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
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
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
This is an legal insight prepared by D. Michael Kaye, Sarah K. Rathke 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 authority to … Continue Reading
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
On May 11, 2023, Canada passed the Fighting Against Forced Labour and Child Labour in Supply Chains Act(Bill S-211), which will take effect on January 1, 2024 (the “Act”). The purpose of this Act is to implement Canada’s international commitment to fighting forced and child labor through reporting obligations on (a) government institutions[1] producing, purchasing, … Continue Reading
Companies are preparing to comply with the European Union’s new deforestation regulation (EUDR). On June 29, 2023, the European Parliament and Council formally adopted the EUDR. The EUDR goes into effect on December 30, 2024 for large companies (operators and traders)[1] and June 30, 2025 for micro and small exporters.[2]… Continue Reading
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
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 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
Please join us on Wednesday, July 12 at 12PM EDT for a webinar on Predicting and Managing the Risks of Doing Business in China. As tensions between the US and China continue to build, what does this mean for US companies operating in China? Partners George Grammas and Ed Newberry will discuss the current political … Continue Reading
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
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
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
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.… Continue Reading
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
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
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
Colleagues 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 Traffic Safety … Continue Reading
This is a cross post from Law360. Please contact Sarah Rathke 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 UCC. This is … Continue Reading
This is a Cross-Post from The Trade Practitioner. Please contact Karen Harbaugh 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
Our UK colleagues, John Alderton (Leeds), 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 and distress read … Continue Reading
