News & Analysis as of

Supply Contracts Suppliers Uniform Commercial Code (UCC)

Quarles & Brady LLP

MSSC v. Airboss Continues to Roil Automotive Supply Markets —  Sixth Circuit Reverses Preliminary Injunction Ordering Auto...

Quarles & Brady LLP on

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

Warner Norcross + Judd

Less Than a Year After AirBoss, Federal Appeals Court Faces New Case with Potentially Far-reaching Implications for Suppliers

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As this blog previously reported, the Michigan Supreme Court recently issued a landmark decision in MSSC, Inc. v. AirBoss Flexible Prods. Co. Warner represented the prevailing party, AirBoss. In that case, the court held that...more

Warner Norcross + Judd

Michigan Supreme Court Rules in Favor of AirBoss in Landmark Auto Supplier Case

Warner Norcross + Judd on

MSSC, Inc. v. AirBoss Flexible Prods. Co. is the first case to interpret a key provision of the Uniform Commercial Code in nearly 40 years – and one that will reverberate for suppliers up and down the supply chain. The...more

Warner Norcross + Judd

Ahead of the Curve Auto Supplier - What Type of Contract Did You Enter Into? Hybrid Automotive Supplier Contracts and the...

Warner Norcross + Judd on

Automotive supply contracts usually involve either the sale of goods or the provision of services. For that reason, determining what law applies to such contracts is often pretty simple — the Uniform Commercial Code (UCC)...more

Quarles & Brady LLP

Supply Chain Survival Series: Introduction (Article #1)

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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

Foley & Lardner LLP

Key Considerations for Managing COVID-19-Driven Commercial Demands

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As the economic fallout from COVID-19 continues to impact manufacturers and their suppliers around the world, many companies are facing significant financial headwinds. Companies suffering such difficulties will often look...more

Cozen O'Connor

Keep Calm — and Look at Your Contract(s)

Cozen O'Connor on

Whether you cannot meet your supply obligations because your supply chain has come to a screeching halt or you are losing income because conferences, sports, or cultural events are cancelled and your contract partners do not...more

Chambliss, Bahner & Stophel, P.C.

You Thought It Was Merely "Boilerplate" — the Coronavirus and the Importance of Force Majeure Clauses

With the international spread of the coronavirus and the impact it is having on the supply chains, production, transport, and workforce of commercial entities, as well as the limitations posed for service providers of all...more

Stinson - Government Contracting Matters

Force Majeure and the Coronavirus (COVID-19)

Generally speaking, entities that enter into contracts are bound to perform them. However, as matters evolve, the impacts of natural and man-made problems arising from the coronavirus (COVID-19) are being felt by customers,...more

Polsinelli

COVID 19 and Supply Chain Contracts

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Covid-19 has caused serious disruption to manufacturers’ ability to produce products and fill orders on a timely basis, which in turn has impeded the performance of countless supply chains....more

Miller Canfield

Invoking Force Majeure for COVID-19 in International Supply Contracts

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With COVID-19 spreading throughout the world, parties to supply contracts need to understand whether, and under what circumstances, a party's performance can be excused due to COVID-19. In a previous article, we examined...more

Pillsbury Winthrop Shaw Pittman LLP

Supply Chain Coronavirus Impacts: Force Majeure and Beyond

COVID-19 calls for review and management of the entire chain, including but not limited to suppliers and customers. In times of uncertainty, every enterprise should undertake a stress test of its supply chain and manage...more

Miller Canfield

Legal Considerations in Excusing Contractual Performance Due to Coronavirus

Miller Canfield on

Many commentators have assumed that a party to a contract will be excused from performance if the coronavirus outbreak causes its inability to perform. But in order to be sure this would apply in a particular supply contract...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Managing Credit Risk in the Supply Chain

Companies expend substantial resources managing the credit risk of customers, to protect the value of their sales. Many companies, however, do not always apply credit risk analysis to its supply chain, focusing instead on...more

Foley & Lardner LLP

Manufacturing Contracts in Distress

Foley & Lardner LLP on

The automotive industry has recently enjoyed a strong period of sales growth and productivity. But even during this period, some manufacturers and raw materials suppliers continue to face pressures presented by financially...more

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