Suppliers

News & Analysis as of

CMS Announces Plans for Round 2 DMEPOS Competitive Bidding Recompete

CMS has begun a pre-bidding awareness program in connection with its plans to recompete the supplier contracts awarded in Round 2 of the Medicare Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS)...more

CCO Challenges in the Healthcare Industry

Chief Compliance Officers have a tough job. It does not matter what industry they are working in, CCOs face a myriad of challenges. The healthcare industry, however, has its own set of challenges. While there has been...more

Construction E-Note - June 27, 2014

In This Issue: - Mississippi Legislature Expands State’s Lien Law to Protect Subcontractors, Suppliers, and Materialmen - The Alabama Supreme Court Broadens the Definition of “Occurrence” in a General...more

Working on the Chain Gang - Supply Chain Finance as the 'New Normal'

Adjusting to the “new reality,” many companies have focused on all aspects of their balance sheets to improve performance for stakeholders. Companies have realized that material extensions of credit terms regarding its...more

Suppliers to OEMs: We Think We're Turning Japanese

The 2014 Annual Automotive OEM-Supplier Relations Study came out in May 2014 and it showed that Japanese OEMs may be rebounding after a couple down years when it comes to their relationships with suppliers. The study,...more

The City of Rochester Adopts a “Ban the Box” Ordinance

The City of Rochester recently unanimously enacted a “Ban the Box” ordinance, which prohibits employers from asking applicants about criminal convictions at any time before the employer has conducted an initial employment...more

Microsoft Corp. v. DataTern, Inc.: Suppliers’ Standing To Bring A Declaratory Judgment Action Based On Customer Suits

On May 5, 2014, the Federal Circuit issued an opinion in Microsoft Corporation v. DataTern, Inc. that clarified, at least in part, the circumstances under which a supplier may bring a declaratory judgment action based on...more

Suppliers May DJ an NPE, But It Won’t Be Easy - Microsoft v. DataTern, Inc.

Addressing declaratory judgment jurisdiction based infringement allegations against customers, the U.S. Court of Appeals for the Federal Circuit affirmed in part and reversed in part the district court’s finding of...more

Suppliers Positive, Again, per OESA Survey

OESA recently released its Automotive Supplier Barometer for May 2014, Focus on Production, Technology, Globalization. Suppliers continue to hum along in their positive attitudes, sending OESA’s May Supplier Sentiment Index...more

Coldwater Creek Bankruptcy: Suppliers, Consider Remedies

On April 11, 2014 Coldwater Creek filed in Delaware for Chapter 11 bankruptcy reorganization. It follows filings in 2014 by Dots, January in New Jersey, and Ecko, April in New Jersey. For retailers, the most common motivation...more

Nevada’s AG Reminds Retailers, Wholesalers and Suppliers: Comply with Alcohol Beverage Laws

On January 30, 2014 the State of Nevada Attorney General’s Office issued an open letter to all retailers, wholesalers and suppliers of alcohol beverages in Nevada reminding them of their legal obligation to comply with the...more

United States: The “Top Ten” Things For A Supplier To Consider In Terminating A Distributor

Regardless of labels like “dealer,” “distributor” or “reseller,” there are some fundamental issues that demand attention whenever a supply relationship is involuntarily terminated. We work with suppliers in planning and...more

Fourth Circuit Holds that Contingent Business Interruption Endorsement Does Not Extend to Indirect Suppliers

On February 20, 2014, the United States Court of Appeals for the Fourth Circuit held that a contingent business interruption endorsement did not extend coverage to claims arising out of a business interruption caused by an...more

Top Legal Issues Facing Suppliers in 2014: Antitrust

High on the Foley & Lardner LLP priority list of top antitrust issues facing automotive suppliers for 2014 was the broad and aggressive criminal antitrust investigation of the auto parts industry by the U.S. Department of...more

Does Your Key Supplier Have A Succession Plan?

"Hello Jake, I hate to tell you this but we can't ship your order this week. One of our key suppliers is holding us up." Originally Published in the Grand Rapids Business Journal - February 14, 2014. ...more

Top Legal Issues Facing Suppliers in 2014

We know that you have been considering what business and commercial issues you will face in 2014 (and perhaps beyond) as an Automotive Supplier. But, have you been considering what legal issues you are likely to face? Do you...more

Set Off Rights: Recovering Goods or Proceeds from a Bankrupt Client

When a client goes bankrupt, an unpaid supplier is often left with few remedies. Generally speaking, the unpaid supplier’s recovery is limited to their proportional share of what is left of the proceeds from the bankrupt’s...more

OESA Regional Meeting – Chicago Automotive Supplier Industry Update

Are you aware that General Motors (“GM”) issued new general terms and conditions (“Terms”) for direct material, customer care & aftersales, and tooling purchases effective for requests for quotation issued on or after July...more

Cross Border VAT - The New One Stop Shop And Changes To The Place Of Supply Of Electronic, Telecoms And Broadcasting Services From...

THE CURRENT DISTORTION The place of supply rules govern where a particular supply takes place, and therefore determine where businesses are obliged to register, collect and remit Value Added Tax (VAT) due on their...more

Shift to Modular Platforms Raises New Issues for Manufacturers and Suppliers

One way in which next-generation manufacturing is impacting the automotive industry is the movement toward modular architecture. These designs use common underpinnings for various models across a variety of vehicle segments,...more

Thirty Day Rule: Recovering Goods or Proceeds from a Bankrupt Client

When a client goes bankrupt, an unpaid supplier is often left with few remedies. Generally speaking, the unpaid supplier’s recovery is limited to their proportional share of what is left of the proceeds from the bankrupt’s...more

Manufacturers May Be Exempt From Liability Under the Condominium Act

In a recent decision, the Fourth District Court of Appeal of Florida strictly construed the terminology of the Condominium Act in favor of material manufacturers. See Port Marina Condo. Assoc., Inc. v. Roof Svcs., Inc., --...more

D.C. Circuit to Decide Validity of SEC Conflict Minerals Rule, But Companies Should Consider Preliminary Steps to Comply

Industry groups are urging the U.S. Court of Appeals for the D.C. Circuit to reverse a July 23 district court decision (28 CCW 233, 7/31/13) and invalidate a rule issued by the U.S. Securities and Exchange Commission that...more

Increasing Your Recovery Under A Federal Payment Bond Claim

Federally owned construction projects are covered by a Miller Act Payment Bond for the benefit of the subcontractors and suppliers thereof. If you make a claim for payment under the Miller Act, you may, under certain...more

DMEPOS Supplier Face-to-Face Encounter Requirement Again Delayed

Implementation of the face-to-face encounter requirement prior to the sale of certain DME items was delayed yet again. This is the second delay from the originally planned July 1, 2013 effective date....more

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