News & Analysis as of

Suppliers

Recent Case Law Developments Impact Claims of Unpaid Suppliers for Goods Delivered Immediately Prior to Customer Bankruptcy

by Dickinson Wright on

Section 503(b)(9) of the Bankruptcy Code (11 U.S.C. §503(b)(9)) provides a special administrative priority claim for someone that supplies goods to a debtor in the 20 day period before the bankruptcy filing, but is unpaid as...more

Suppliers Beware: Two Recent Cases (in Third Circuit and Delaware) Hold that Debtor Must Physically Possess Goods Within Statutory...

Amidst a surge in retail bankruptcies, two recent decisions construing section 503(b)(9) of the Bankruptcy Code directly limit suppliers’ ability to seek administrative claims for goods shipped to a debtor in the period...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - July 2017 #2

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: a decision by the Ontario Superior Court of Justice addressing a...more

Takata Declares Bankruptcy: What are the Key Next Steps for Suppliers?

by Foley & Lardner LLP on

On June 25, 2017, Takata’s US arm, TK Holdings Inc. and certain affiliates excluding certain foreign debtors such as Takata Corporation (Japan) (the “Takata US Debtors”), filed chapter 11 cases seeking bankruptcy protection...more

Preserving California’s Tied-House Rules - Ninth Circuit en banc decision upholds decades-old law restricting alcohol beverage...

On June 14, 2017, the U.S. Court of Appeals for the Ninth Circuit, sitting en banc, issued its decision in Retail Digital Network LLC v. Ramona Prieto, Case No. 13-56069, D.C. No 2:11-cv-09065-CBM-PJW. The decision rejects a...more

Construction Liens Filed by Suppliers in New Jersey After Contractor’s Filing of Bankruptcy Petition Are Barred by the Automatic...

by Pepper Hamilton LLP on

In re: Linear Electric Co., Inc., No. 16-1477, 2017 U.S. App. Lexis 5527 (3d Cir., March 30, 2017) - This case concerns whether suppliers, Cooper Electrical Supply Co. and Samson Electrical Supply Co. (“Suppliers”),...more

The Brewer’s Voluntary Disclosure Initiative: A Recipe for Costlier Craft Beer?

by Bowditch & Dewey on

The Beer Institute, a trade association based in Washington, D.C. that represents brewers both big and small, as well as importers and suppliers to the beer industry, has recently published what it calls “The Brewer’s...more

The Enforceability of Mechanic’s Liens in Bankruptcy is Dependent on State Law

In a recent decision by the Third Circuit Court of Appeals, the Court held that a mechanic’s lien filed by an unpaid supplier against a construction project, after the contractor through whom the materials were furnished...more

The Enforceability of Mechanics' Liens in Bankruptcy Is Dependent on State Law

by Robinson & Cole LLP on

In a recent decision, the Third Circuit Court of Appeals held that a mechanic’s lien filed by an unpaid supplier against a construction project, after the contractor through whom the materials were furnished filed for...more

Georgia Law Requires Durable Medical Equipment Suppliers to be Licensed

by Arnall Golden Gregory LLP on

On March 30, 2017, the Georgia State Senate voted to pass SB41, which amends the Georgia Pharmacy Practice Act, regulating the practice of pharmacy in the state of Georgia. After passing both the House and Senate, the bill is...more

Ohio’s Consumer Sales Practices Act Broadens Its Application

Ohio’s Consumer Sales Practices Act (the CSPA) makes it unlawful for “suppliers” to engage in unfair, deceptive or unconscionable acts or practices in connection with a wide variety of consumer transactions, including...more

WTO Panel Decision: EU – Poultry Meat (China)

by White & Case LLP on

Decision: A WTO Panel has issued a mixed ruling in a challenge by China to the EU's modification of its tariff schedule for goods. Significance of Decision: This important decision provides new clarity on the...more

Important guidance on a supplier’s “fitness for purpose” obligation

by Dentons on

The 2016 TCC decision in Fluor Ltd v. Shanghai Zhenhua Heavy Industries Ltd [2016] EWHC 2062 (TCC) provides useful guidance on how a supplier’s “fitness for purpose” obligation will be interpreted....more

Deal Activity Slightly Declines in 2016; 2017 Deal Makers Cautious

by Foley & Lardner LLP on

Aggregate automotive industry M&A deal values for 2016 were down 34% to $41.0 billion compared to $62.1 billion in 2015 according to PwC’s recently released report, PwC Deals: Global Automotive M&A Deals Insights Year-end...more

On-Sale Bar for Contractor and Supplier Activities

The Federal Circuit addressed the potential for contract manufacturing to create an “on sale” bar to patentability, in a decision that could affect how supplier relationships are managed. Whether a sale or offer for sale of...more

Corporate News - February 2017

by Hogan Lovells on

A monthly newsletter covering topics of interest in the field of UK corporate law including mergers and acquisitions, listed companies, equity capital markets, corporate governance and general company law. Please see...more

Commercial Contract Risk in 2017

by Foley & Lardner LLP on

Coming off a record year in car sales, it’s expected that warranty and recall costs will continue to be on the rise. With that in mind, it’s vital that OEMs and suppliers have both their foreign and domestic contracts in...more

Warranty Issues in 2017

by Foley & Lardner LLP on

While the jury is out on whether 2017 will be a peak year for new vehicle sales, elevated OEM warranty and recall costs are likely to continue. OEMs, likely will continue to pay the largest share of these expenses, but...more

So You Think You Have Insurance?

by Reminger Co., LPA on

In this day and age of an insurance-driven society, it behooves parties to a contract to be clear and upfront about who will bear the cost of insurance. In that regard, most business contracts require the contractee to add...more

New Sales Tax Law Affecting Construction Industry to Take Effect

by Smith Anderson on

A number of amendments to North Carolina’s sales tax laws applicable to the construction industry took effect January 1, 2017. These amendments will provide welcome relief to many contractors engaged in new construction....more

Coordinating Third Party Due Diligence and Procurement

by Michael Volkov on

Third party risk management is easily one of the most challenging risks for compliance officers. With all the attention and hype surrounding third party risk, companies have marshaled attention and resources to mitigate the...more

Automotive Supplier Industry Gathers with "Industry at a Crossroads"

by Foley & Lardner LLP on

The Original Equipment Suppliers Association (OESA), the leading U.S. trade group representing automotive suppliers, convened its 2016 Annual Conference on November 2nd under the theme: “The Industry at a Crossroads.” The...more

New Prop 65 warning rules impose additional burdens on California businesses

by Thompson Coburn LLP on

The California Office of Environmental Health Hazard Assessment (OEHHA), the lead Proposition 65 enforcement agency, recently adopted new Prop 65 regulations. (Title 27, California Code of Federal Regulations, Article 6). The...more

On the Cusp of Another Round of Alcohol Changes in Pennsylvania

by Pepper Hamilton LLP on

After a busy few months following the first major overhaul of Pennsylvania's Liquor Code since the end of Prohibition, the state is poised to extend its streak of liquor reform. With the passage of House Bill 1196 by both the...more

California Prop 65: More Unintended Consequences

Last month, the California Office of Environmental Health Hazard Assessment (“OEHHA”) adopted new Proposition 65 warning regulations. Much of the discussions regarding these new regulations have centered on the warning...more

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