What to Do if Your Suppliers Are in Distress - Is It Time to Find a New Supplier?
What to Do if Your Suppliers Are in Distress - Options Beyond Contract Termination or Default
What to Do if Your Suppliers Are in Distress - Candid Conversations with Suppliers in Distress
What to Do if Your Suppliers Are in Distress - Identifying Suppliers in Distress
Matt Kelly on Cybersecurity and Suppliers
Patty Houser on Supplier Codes of Conduct
Who Can Issue a Stop Notice?
RCG Webinar | Where's the Beef?
Hot to Get Paid: Tips and Tricks for Construction Companies in DC, MD, and VA
Jones Day Presents: Advantages of Blockchain in Trade Finance
Straight Talks: New players, new rules - IP disruption in the automobile industry
Protecting Trade Secrets During Business Collaboration
Keeping Your Due Diligence System Manageable March 31, 2014
What Is Driving Stepped Up Government Health Care Enforcement? – Interview with Hope Foster, Member, Mintz Levin
Over the past two years, federal and state courts have issued a series of decisions with important implications for supply chain contracts. Most notably, the appellate courts in the AirBoss and Higuchi cases provided guidance...more
Relying on a recent Michigan Supreme Court opinion, the Sixth Circuit Court of Appeals recently reversed a preliminary injunction requiring an auto supplier to supply products, holding that the parties’ purchase order...more
The United Auto Workers Union strike against the Detroit Three automakers that began on September 15th continues with no immediate resolution in sight. The UAW expanded the strike on Friday September 22nd when some 5,500 UAW...more
Given recent headlines surrounding contentious UAW contract negotiations, it is increasingly likely that a labor strike against one or more of the Big Three automakers is not a question of if such strikes will occur, but when...more
In our previous article, we discussed anticipatory repudiation and demands for adequate assurances—legal concepts that may arise when a party to a contract expects that its counterparty may not perform its end of the bargain....more
Previous articles in the Supply Chain Survival Series have discussed a number of topics, including how contracts are formed and modified, and what default terms may be deemed to be part of an agreement under the UCC Battle of...more
With market volatility and supply chain constraints at record levels, manufacturers find themselves in unfamiliar territory with their supply base. As a consequence, manufacturers may need to protect production and reduce...more
With the COVID-19 pandemic, many industries experienced a major shift in how the personnel of key suppliers worked, with “nonessential” personnel in large part working remotely. When this shift to remote work first happened...more
After working through two different customer disputes in as many weeks, you finally come up for some air. While you have the opportunity, you decide it is time to review ABC Corp.’s contracting practices for buying and...more
It’s Friday at 3:00 p.m. at ABC Corp., and Mike from purchasing enters your office, slumping into his chair with a heavy sigh. Prime resin is in short supply. The next delivery will be weeks late, only half your order can be...more
At this point, it is impossible to escape hearing about or experiencing the supply chain crisis grabbing headlines and impacting businesses – and families – across the globe. This issue has attracted the attention of the...more
All manufacturers are generally tired of hearing about supply chain problems. These days companies are looking for ways to mitigate shipping delays (i.e., can we ship to a port other than Long Beach?) and the increased cost...more
While an increase in construction costs for materials is not new to the industry, the extent of the cost increases during this COVID-19 time may be beyond anyone's experience. Prior to COVID-19, material costs have spiked for...more
Following on from our April 2020 post (where we discussed the call from certain accounting firms and others for guidance from the Financial Accounting Standards Board (“FASB”) on the treatment of trade payables programs) and...more
Anyone monitoring construction industry trends is aware that the prices of raw construction materials, particularly steel and lumber, have been rapidly increasing since early 2020. Earlier this year, Associated Builders and...more
Your company has just been awarded its biggest contract ever and everyone in the sales department is joyously high-fiving each other. This contract for clips will put the company on a whole new growth trajectory now that Air...more
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The COVID-19 pandemic has disrupted supply chains around the world requiring many companies to adjust operations and their business. Supply chain litigation has not erupted as...more
The automotive landscape dictating the relationship between OEMs, Tier 1 suppliers and sub-suppliers is changing due to the entrance of new market participants within the automotive supply chain. The new market participants...more
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
As the wave of reopening orders sweeps across the country, businesses see a light at the end of the tunnel. That light, however, in many instances is still yellow, and may be so for some time to come. ...more
When trying to understand the full impact of COVID-19 on existing contractual obligations, parties will likely first consult force majeure provisions in their contracts to assess their rights or liabilities for continued...more
This Katten advisory considers how UK businesses could seek to rely on the principles of force majeure or frustration to suspend or end performance of contractual obligations (without liability) should that be required in...more
1. What are general recommendations? In general, it is important to determine at an early stage which processes must be maintained, which people are needed to maintain operations and which measures are necessary to do so....more
There is increased pressure by federal, state and local governments to minimize gatherings. Many businesses encourage telecommuting in situations such as this. However, that is not feasible on a construction project....more
Email overload on whether the new coronavirus, COVID-19, triggers a force majeure clause? Whether you're considering a claim, worried about receiving one or busy drafting following the outbreak, here's our 10-point,...more