Tag Archives: Supply chain

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 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

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

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 Capital Thinking Blog – Lawmakers Propose New Import Ban Targeting Commodities Produced on Illegally Deforested Land

This is a Cross-Post from the Capital Thinking Blog.  Please contact Ludmilla Kasulke 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 and Environmentally Sound … Continue Reading

Cross-Post From Capital Thinking Blog – Update: Biden Officials Request Comments on Challenges Facing Key Sectoral Supply Chain Disputes

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

We’re In The WSJ!

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

Trend Alert: Federal Oversight of Unaccompanied Minor Labor Trafficking Targets Agricultural Sector

Companies based or doing business in agricultural areas in the U.S. could soon be under increased scrutiny from the federal government, including Congressional investigators, stemming from labor trafficking of unaccompanied migrant children and teens. This year alone, over 90,000 minors attempted to cross the U.S.  When stopped at or near the border, the children are … Continue Reading

Congress Takes Aim At Uyghur Forced Labor

U.S. companies importing certain products from China may be facing additional supply chain challenges in the near future.  On July 14, 2021, the Uyghur Forced Labor Prevention Act (“UFLPA”) was passed unanimously by the U.S. Senate.  It now moves to the House, where it is expected to pass easily—a previous version of the bill passed … Continue Reading

Trend Alert:  Increased US Oversight of Forced Labor in Supply Chains

Continuing the trend toward increased oversight of forced labor in supply chains (see our post from last week on groundbreaking German legislation in this space), on March 18, 2021, the US Senate Finance Committee will hold a hearing on “fighting forced labor.”  Specifically, the hearing will focus on “[c]losing the loopholes and improving customs enforcement … Continue Reading

Germany Considers Enacting First-Ever Law Requiring Companies To Both Monitor And Control Supply Chain Practices

Earlier this month, the German government resolved to approve a new supply chain law that would impose unprecedented obligations on German companies to control labor and control practices – not only of their own operations, but within their supplier as well.  Determining that “voluntary compliance” supply chain laws, which require companies to monitor and report … Continue Reading

Upcoming Webinar: Please join us for 2021 Outlook: Rail Industry Trends

Please join us on Thursday, March 18 at 1PM EDT for 2021 Outlook:  Rail Industry Trends. In partnership with Commtrex and Arthur J. Gallagher Insurance, Risk Management and Consulting, we have assembled a panel of industry leaders who will provide keen insights into current issues and trends regarding the ever-evolving future of rail, including the … Continue Reading

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

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

Interview with DC Velocity: China and U.S. face “reckoning” over trade disruptions in 2021

Please contact Sarah Rathke with any questions. SPB supply chain lawyer Sarah Rathke was interviewed by Ben Ames of DC Velocity regarding the potential international trade disruptions with China in 2021.  Sarah discusses the potential challenges facing the Chinese international trade supply chain and the difficulties in predicting Chinese policies this year.  You can read the full … Continue Reading

Interview with Supply Chain Dive: Biden invokes DPA to combat supply shortages, but experts say it’s no ‘magic wand’

Please contact Sarah Rathke with any questions. Through a recent executive order, the Biden administration has the authority to use the Defense Production Act (DPA).  Recently, SPB supply chain lawyer Sarah Rathke was interviewed by the Supply Chain Dive concerning use of the DPA.  The Supply Chain Dive article here explains how the DPA order will require … Continue Reading

DHS’s China “Strategic Action Plan” and Bringing Together China Supply Chains and China Policy

The year 2021 will likely be a year of geopolitical reckoning between the United States and the People’s Republic of China, which will inevitably have direct and indirect flow-down effects into US supply chains.  While the Biden Administration has not yet unveiled many specifics as to what its approach to China will be, on January 12, … Continue Reading

Cross-Post from American University Business Law Review: Why Choose LTAs? An Empirical Study of Ohio Manufacturers’ Contractual Choices Through a Bargaining Lens

This is a Cross-Post from American University Business Law Review.  Please contact Sarah Rathke with any questions. The  American University Business Law Review recently published an article entitled Why Choose LTAs? An Empirical Study of Ohio Manufacturers’ Contractual Choices Through a Bargaining Lens. In this study Case Western Reserve University Professor Juliet Kostritsky and now-Squire … Continue Reading
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