Amid increasing pressure on supply chains across the globe, multiple recent court opinions have disrupted the law of requirements contracts – contracts regularly relied upon across industries by many original equipment...more
On May 23, 2024, the Sixth Circuit became the latest court to analyze last year’s Michigan Supreme Court decision of MSSC, Inc. v. Airboss Flexible Prods. Co. (“Airboss”), finding that an automotive supplier’s “blanket...more
For many years, Michigan has consistently interpreted “blanket” purchase orders as binding requirements contracts that could bind suppliers (and buyers) for many years — frequently, for the life of a particular OEM or buyer...more
On June 7th, Michigan Governor Gretchen Whitmer signed distracted driving legislation, making Michigan the 26th state to adopt some form of distracted driving/hands-free driving legislation. The signing ceremony was held at...more
Over the course of the last three years, original equipment manufacturers (OEMs) and suppliers have been rocked by a series of challenges, including shutdowns and restarts due to COVID-19, extreme labor turnover, higher...more
Over the last two years, the widespread shortages, stoppages, and other disruptions affecting much of the global supply chain have led manufacturers, suppliers, and buyers alike to examine their contract terms for an...more
Commercial forms – such as quotations, purchase orders and invoices – and associated terms and conditions are ubiquitous in the supply chain and often the only contract that exists between a buyer and seller. When used...more
11/2/2022
/ Breach of Warranty ,
Buyers ,
Contract Terms ,
Force Majeure Clause ,
Global Economy ,
Risk of Loss ,
Sellers ,
Supply Chain ,
Terms and Conditions ,
Uniform Commercial Code (UCC) ,
Warranties
With disruptions affecting every aspect of the supply chain, companies are increasingly encountering legal arguments offered to justify a failure to meet supply obligations. This article in the Supply Chain Disruption Series...more
Due to the ongoing global supply chain crisis, companies face an uphill battle managing supply chain-related issues. On one front, companies are encountering frequent and extensive shipment and delivery delays. Information...more
6/23/2022
/ China ,
Coronavirus/COVID-19 ,
EU ,
Force Majeure Clause ,
Insurance Industry ,
Labor Shortage ,
Onshoring ,
Russia ,
Shipping ,
Supply Chain ,
Supply Shortages ,
Trucking Industry ,
Ukraine
The U.S. economy is grappling with the highest inflation in decades, with extensive inflation in the supply chain affecting companies worldwide. Supply chain disruptions undoubtedly have contributed to rising inflation, as...more
In 2022, automotive suppliers face many of the same issues that have bedeviled the industry throughout 2021, as well as a host of all-new challenges. Unfortunately, as with many aspects of pre-pandemic life, the relative...more
3/17/2022
/ Automotive Industry ,
Biden Administration ,
Coronavirus/COVID-19 ,
Corruption ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Electric Vehicles ,
Federal Trade Commission (FTC) ,
Final Rules ,
Foreign Corrupt Practices Act (FCPA) ,
Hart-Scott-Rodino Act ,
IMMEX ,
Infrastructure Investment and Jobs Act (IIJA) ,
Mexico ,
Motor Vehicles ,
National Security ,
NHTSA ,
Notice of Proposed Rulemaking (NOPR) ,
OEM ,
Office of Foreign Assets Control (OFAC) ,
OMB ,
Supply Chain ,
Supply Shortages ,
U.S. Treasury ,
Vertical Mergers
As the coronavirus outbreak continues to wreak havoc on markets and industries in the United States and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these...more
Illinois Governor JB Pritzker announced that, effective tomorrow, March 21 at 5:00 pm through April 7, all residents of Illinois are subject to a stay at home order. All nonessential business operations have been ordered to...more
Among new legal requirements for businesses are the provisions of the Families First Coronavirus Response Act (the “Act”). The Act was first passed by the United States House of Representatives in the early morning hours of...more
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
In January 2019, the U.S. Supreme Court issued a decision confirming the broad power of arbitrators and the strict enforcement of arbitration agreements. In a unanimous decision authored by Justice Kavanaugh, the Court in...more
2/1/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Terms ,
Exceptions ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Motion to Compel ,
Question of Arbitrability ,
Remand ,
SCOTUS ,
Vacated ,
Wholly Groundless Doctrine
Chrysler Group LLC (Chrysler) issued new general terms and conditions (Terms) for production and Mopar purchasing that will apply to all purchase orders issued after December 1, 2014. The new Terms are not retroactive and...more