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
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
#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
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
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
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
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
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
On June 1, 2022, US Customs and Border Protection’s (CBP) Office of Trade Relations hosted a webinar on forthcoming implementation of the Uyghur Forced Labor Prevention Act (UFLPA). Half of the webinar focused on the history, enactment, and text of the UFLPA (discussed in this blog’s previous posts here, here, and here), while the second … Continue Reading
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
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
Our colleague, Dr. Christopher Eggers, prepared an insight on how the effects of the military conflict in Ukraine are serious, far-reaching and, ultimately, unforeseeable at the present time. Supply relationships will not remain unaffected, and there are numerous questions regarding the consequences under contract law. Read our full insight.… Continue Reading
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
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
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
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
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
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
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
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
This is a Cross-Post from the Capital Thinking Blog. Please contact Ludmilla Kasulke and Yiannis Vandris with any questions. Recent legislation aimed at reducing commodity-driven illegal deforestation around the world calls for transparency in companies’ global supply chains. Our colleagues Ludmilla Kasulke and Yiannis Vandris discuss the details of the Fostering Overseas Rule of Law … Continue Reading
This is a Cross-Post from Capital Thinking blog. Please contact Ludmilla Kasulke with any questions. As Milla Kasulke reports at our Capital Thinking Blog, the Department of Defense is seeking comments on four supply chain topics identified by the agency, in connection with President Biden’s February 24, 2021 Executive Order entitled, “America’s Supply Chains.” Comments … Continue Reading
