That question, as we brace for the continuing effects of COVID-19, is at the top of executives’ minds. And yet each vision seems to beget more questions: about alternative supply chain models and contract terms, about...more
9/29/2020
/ Business Disruption ,
Business Strategies ,
C-Suite Executives ,
Canada ,
China ,
Contract Terms ,
Coronavirus/COVID-19 ,
Manufacturers ,
Mexico ,
Natural Disasters ,
Suppliers ,
Supply Chain ,
Tariffs ,
Transparency
This report identifies resiliency and innovation considerations for manufacturers and provides frameworks and tools for you to evaluate how those considerations impact your business....more
9/29/2020
/ Analytics ,
Artificial Intelligence ,
Big Data ,
China ,
Coronavirus/COVID-19 ,
Driverless Cars ,
Innovation ,
Manufacturers ,
Risk Mitigation ,
Robots ,
Supply Chain ,
Trade Wars
As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these challenges...more
3/21/2020
/ Breach of Contract ,
Business Interruption ,
business-int ,
Class Action ,
Commercial General Liability Policies ,
Coronavirus/COVID-19 ,
D&O Insurance ,
Failure To Warn ,
Force Majeure Clause ,
Impracticability ,
Infectious Diseases ,
Insurance Claims ,
Manufacturers ,
Mergers ,
Suppliers ,
Supply Chain
...The coronavirus (provisionally named SARS-CoV-2, with its disease being named COVID-19) has now been documented in more than 70 countries and territories. More than 90,000 cases have now been documented across the globe,...more
3/6/2020
/ Automotive Industry ,
Best Practices ,
Business Travel ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Infectious Diseases ,
Manufacturers ,
Travel Restrictions ,
Traveling Employee
...The coronavirus (provisionally named SARS-CoV-2, with its disease being named COVID-19) has now been documented in six of the world’s seven continents, with more than 80,000 cases, sparing only Antarctica. Closer to home,...more
2/27/2020
/ Acquisitions ,
Business Interruption ,
Coronavirus/COVID-19 ,
Distributors ,
Employer Liability Issues ,
Force Majeure Clause ,
Health and Safety ,
Infectious Diseases ,
Insurance Claims ,
Manufacturers ,
Manufacturing Facilities ,
Material Adverse Change Clauses (MACs) ,
Mergers ,
Public Health ,
Purchase Agreement ,
Reporting Requirements ,
Risk Management ,
Suppliers ,
Supply Chain ,
Supply Contracts ,
Workplace Safety
In the three years it took for the United States-Mexico-Canada Agreement (USMCA) to come to fruition, there was much uncertainty surrounding trade relations with Mexico, yet U.S. business executives’ bullishness about...more
Welcome to the latest edition of Foley’s Automotive MarketTrends newsletter, which continues to highlight key trends in the industry. In this issue, we focus on tips for drafting commercial agreements, and, more specifically,...more
9/9/2019
/ Auto Warranties ,
Automotive Industry ,
Best Practices ,
Electric Vehicles ,
Implied Warranties ,
Indemnification ,
IP License ,
Limitation of Liability Clause ,
Manufacturers ,
Negligence ,
Non-Compete Agreements ,
Proprietary Information ,
Trade Secrets
Welcome to issue two of Foley’s Manufacturing MarketTrends newsletter, which highlights key trends with the potential to make 2019 a year of change for manufacturers. In this issue, we will explore collaboration between the...more
7/12/2019
/ Artificial Intelligence ,
Big Data ,
Biotechnology ,
Blockchain ,
FDA Approval ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Machine Learning ,
Manufacturers ,
Regulatory Agenda ,
Supply Chain ,
USDA
The modern day supply chain is ever more complex. Add to that the fact that it is under an almost daily attack from the current political climate. This creates an environment of uncertainty that is a good reason to reassess...more
Welcome to Foley’s new Manufacturing MarketTrends newsletter. In each edition, we will highlight key trends to watch out for in 2019, making it a year of change for manufacturers. ...more
4/18/2019
/ China ,
Cybersecurity ,
Due Diligence ,
Economic Sanctions ,
Manufacturers ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Section 301 ,
Supply Chain ,
Tariffs ,
US Trade Policies
As Tommy Callahan asks his customers in the high-brow ‘90s movie, Tommy Boy, “why would somebody put a guarantee on a box?” What does it mean and why it is useful? This post provides a high-level primer on commercial and...more
According to Black’s Law Dictionary (10th ed. 2014), indemnity is a “duty to make good any loss, damage, or liability incurred by another.” At its core, an indemnification is a promise to reimburse a person for a loss...more
3/1/2019
/ Bodily Injury ,
Contract Terms ,
Express Warranty ,
Hold Harmless ,
Indemnification Clauses ,
Infringement ,
Negligence ,
Property Damage ,
Remedies ,
Risk Allocation ,
Supply Contracts ,
Willful Misconduct
This article explores the following topics: (1) What is a directed-buy arrangement? (2) What significant issues exist for a customer in a directed-buy arrangement? and (3) What are the best practices for a customer entering...more
The Non-Disclosure Agreement (“NDA”) is a document that is very often prone to misuse in commercial practice. Often, when business teams from two companies get together, the first thing they do, almost as a box-checking...more
When determining how to sell a product in the marketplace, there are a number of supply chain options from which to choose, each with its own set of legal implications. However, the primary consideration in determining how to...more
This is the million (sometimes multimillion) dollar question. According to Black’s Law Dictionary, consequential damages are “losses that do not flow directly and immediately from an injurious act but that result indirectly...more
3/14/2018
/ Breach of Warranty ,
Carve Out Provisions ,
Commercial General Liability Policies ,
Confidentiality Agreements ,
Consequential Damages ,
Consequential Damages Clause ,
Indemnification ,
Intellectual Property Protection ,
Negligence ,
Product Recalls ,
Supply Agreements ,
Uniform Commercial Code (UCC) ,
Willful Misconduct
Imagine a devastating fire renders your rental property uninhabitable. You dig out your insurance policy and are relieved to find that you are insured up to the “actual cash value” of the building. But what exactly does this...more
A recent decision of the Seventh Circuit Court of Appeals has significant implications for lenders in commercial loan transactions and for law firms that give legal opinions about the enforceability of loan documents....more