News & Analysis as of

Buyers Supply Chain

Levenfeld Pearlstein, LLC

M&A Insights and Outlooks in the Packaging and Industrial Industries: A Conversation with Brett Kornblatt of Stout

To help businesses, investors, and deal professionals better understand the evolving M&A market, Robert Connolly – a partner in and leader of LP’s Corporate Practice Group – shares a series of conversations with M&A experts. ...more

Levenfeld Pearlstein, LLC

M&A Insights and Outlooks: A Conversation with Katie Balson of Origin Merchant Partners

To help businesses, investors, and deal professionals better understand the evolving M&A market, Robert Connolly – a partner in and leader of LP’s Corporate Practice Group – shares a series of conversations with M&A experts....more

Warner Norcross + Judd

Trial Courts Begin to Address Major Supply Chain Contracting Questions with Differing Outcomes

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Following the Michigan Supreme Court’s landmark decision in MSSC, Inc. v. AirBoss Flexible Products Co., 511 Mich. 176 (2023), in which Warner represented the prevailing party, many businesses have been re-examining whether...more

Quarles & Brady LLP

Supply Chain Survival Series: Mitigation (Article #13)

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In our previous article in the Supply Chain Survival Series, we discussed what constitutes a breach of contract and whether a breach allows you to suspend performance until the breach is cured. Assuming that a contract has...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … Export Controls and Economic Sanctions Red Flags (Anti-corruption Series Part...

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We have received several requests to publish a list of red flags pertinent to multinational organizations. To accommodate these requests, we are publishing a three-part series on anticorruption, export controls and economic...more

Quarles & Brady LLP

Survival Series: Acceptance, Rejection, Revocation of Acceptance, and Right to Cure (Article #11)

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In our previous articles in the Supply Chain Survival Series, we discussed when a party’s failure to perform may (or may not) be excused by a contractual force majeure provision or by the common law doctrines of...more

Quarles & Brady LLP

Supply Chain Survival Series: Acceptance, Rejection, Revocation of Acceptance, and Right to Cure (Article #11)

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In our previous articles in the Supply Chain Survival Series, we discussed when a party’s failure to perform may (or may not) be excused by a contractual force majeure provision or by the common law doctrines of...more

Schwabe, Williamson & Wyatt PC

Manufacturing Companies: Runway Starts Now for a Smooth Exit

Exit opportunities for manufacturing companies require planning, diligence, and patience. The manufacturing industry has had it rough over the past few years. Supply chain challenges stemming from the pandemic have lingered,...more

McDermott Will & Emery

Mobility@McDermott: Gamechanger for the Supply Industry?

THE CURRENT CLIMATE IN THE AUTOMOTIVE INDUSTRY The Russo-Ukrainian conflict, supply chain disruptions and the lasting impact of the pandemic have shaped our world, leaving no industry untouched. The automotive sector, in...more

Braumiller Law Group, PLLC

[Webinar] Incoterms - April 11th, 10:30 am - 12:00 pm CDT

Join ICPA and Braumiller Law Group's Washington D.C. of Counsel Jim Holbein for a presentation on incoterms - The webinar will cover the obligations, costs and risks associated with all the seven multimodal Incoterms and...more

Foley & Lardner LLP

Key Terms and Conditions for Buyers and Sellers in the Supply Chain

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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

Quarles & Brady LLP

Supply Chain Survival Series: Key Statutory Default Terms (Article #5)

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In our previous article, we discussed the infamous “Battle of the Forms,” where conflicting terms in buyers’ and sellers’ purchase orders, invoices, and order confirmations can result in neither side’s terms governing their...more

White & Case LLP

European leveraged finance: From surviving to thriving

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Leveraged loan and high yield bond markets in Western and Southern Europe saw a major resurgence in the past 12 months, driven initially by refinancing, followed by almost unprecedented M&A and buyout issuance, and setting...more

White & Case LLP

UK M&A reaches new highs despite headwinds

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Favorable valuations are fueling opportunistic purchases by overseas bidders- Spiraling COVID rates, supply chain issues and food and fuel shortages have all hit the headlines in the months since the end of the Brexit...more

McDermott Will & Emery

Does the ADP in Your LNG SPA Meet Your Needs?

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It’s that time of year again when the sellers and buyers of many of the world’s long-term liquefied natural gas (LNG) sales and purchase agreements (SPAs) must agree on the Annual Delivery Programme (ADP). In past years, this...more

Holland & Hart LLP

Is Now a Good Time to Acquire a Business? Opportunities and Risks for Buyers in the Era of COVID-19

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The long seller’s market may be over, which is welcome news for many companies that are eager and able to acquire or expand a business. Many businesses and business owners have struggled mightily under the COVID-19...more

Foley & Lardner LLP

Force Majeure Tug-of-War: Competing Interests of Buyers and Sellers Negotiating Force Majeure Protections in Supply Chain...

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It is quite common in supply chain contracts for the buyer and the seller to have competing interests in negotiating key contractual provisions and protections. Before COVID-19, force majeure provisions were often just an...more

Sheppard Mullin Richter & Hampton LLP

The Impact of COVID-19 on M&A Transactions - Part 1: Due Diligence and Operational Issues

The COVID-19 pandemic has caused severe disruption, distress and uncertainty for companies across almost every industry. While this initially resulted in a substantial slow-down in the M&A market, transactional activity is...more

White & Case LLP

M&A MAC Clauses – Implications of Coronavirus

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Trends in Material Adverse Change Clauses – Implications of Coronavirus on M&A Transactions - On M&A transactions deal certainty may be a key negotiation issue. Whilst a seller may be reluctant to concede a material...more

Foley & Lardner LLP

Supply Contract Update: Michigan Court of Appeals Affirms that a Requirements Contract Need Not Be Exclusive (Cadillac Rubber &...

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On February 11, 2020, the Michigan Court of Appeals issued a significant decision that impacts manufacturing supply contracts – especially those in the automotive industry – holding that a buyer may enforce a supply contract...more

Sullivan & Worcester

The ICC publishes Incoterms 2020

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On 10 September 2019, the International Chamber of Commerce (ICC) issued a much anticipated set of revisions to the Incoterms – the international commercial terms published to clarify the obligations of buyers and sellers in...more

Benesch

INCOTERMS – Ground Zero for Negotiating Tariff Impact

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The INCOTERMS published by the International Chamber of Commerce (ICC) have long served the international community by offering a “shorthand” for communicating key shipping terms. INCOTERMS are so ubiquitous in international...more

Benesch

Letters of Credit – Avoiding Supply Chain Interruptions

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Letters of Credit (LOCs) have long been used to minimize the financial risk of international purchase agreements. Sellers and buyers may agree to use LOCs to ensure that goods are received and payment is remitted as intended....more

Benesch

InterConnect - Fall 2018

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“It Was A Very Good Year” (For Freight Brokers) - Frank Sinatra certainly was not thinking about freight brokers when singing this Grammy-winning song back in 1966. However, the title of the song definitely resonates for...more

Perkins Coie

Notable Ruling: Alien Tort Statute Focus in Aiding and Abetting

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On Tuesday, October 23, 2018, the Ninth Circuit Court of Appeals issued an important opinion reviving a decade-old Alien Tort Claims Act (ATS) suit based on alleged aiding and abetting slave labor in cocoa farms on the Ivory...more

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