Tag Archives: manufacturing

Canada’s Fighting Against Forced Labour and Child Labour in Supply Chains Act Goes Into Effect Soon

By Alexis Chandler, Sarah Rathke and Anna Huttner on Posted in supply chain
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

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

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 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

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

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

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

By Sarah Rathke, Jonathan Chibafa, Ludmilla Kasulke and Alexis Chandler on Posted in supply chain
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

By Sarah Rathke, Jonathan Chibafa, Alexis Chandler and Thomas Keane on Posted in supply chain
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

By Oliver Geiss and Dannielle Jones on Posted in supply chain
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

By Sarah Rathke and Ludmilla Kasulke on Posted in supply chain
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

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

By Sarah Rathke on Posted in supply chain
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

By Sarah Rathke on Posted in Legal Analysis, supply chain
This is a Cross-Post from Lexis PSL.  Please contact Anita Lloyd 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 November 30, 2021, our … Continue Reading

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

By Sarah Rathke on Posted in supply chain
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 Reuters: AI fixes for supply chain logjams carry legal risks

By Sarah Rathke on Posted in supply chain
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

We’re In The WSJ!

By Sarah Rathke on Posted in supply chain
We made the Wall Street Journal today in an article discussing recent efforts by suppliers to provide for greater price flexibility in their supply chain contracts, quoting supply chain partner Sarah Rathke. While price escalation clauses are well known in some industries (for instance, energy) and in some geographical markets (for instance, at times, in … Continue Reading

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

By Sarah Rathke on Posted in supply chain
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
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