Tag Archives: Supply chain

Council On Supply Chain Resilience Tasked With Strengthening Domestic Supply Chains And Limiting Reliance On Foreign Medical Supplies

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

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

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

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

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

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

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

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

Improving The International Supply Chain Through IPEF

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

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

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

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

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

Common Signs of Business Stress and Distress

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

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

#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

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 and Lianne Mantione for the second webinar in our two-part 2022 Chemicals Workshop webinar series, in partnership with the Ohio Chemistry Technology Council (OCTC).… Continue Reading

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

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
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