Suppliers

News & Analysis as of

China's “RoHS 2” Regulation: What Manufacturers Must Know

After years of deliberation and industry anticipation, China’s Ministry of Industry and Information Technology (“MIIT”) promulgated the “RoHS 2” regulation on January 21, 2016, with the formal (translated) title “Management...more

The Modern UK Slavery Act: Supply Chain Risk Management

The United Kingdom has a number of interesting ideas and policy initiatives. The UK Bribery Act was a strong statement against corruption, but remains unenforced. The United Kingdom has enacted the Modern Slavery Act,...more

Foreign Supplier Verification Programs and Customs Compliance: Three Key Facts Companies Need To Know

On November 27, 2015, the Food and Drug Administration (FDA) published the final rule on Foreign Supplier Verification Programs (FSVP) for Importers of Food for Humans and Animals under the FDA Food Safety Modernization Act...more

CMA gives the cold shoulder to fridge and bathroom suppliers “MAP Pricing"

The UK Competition and Markets Authority (“CMA”) continues to focus its attention on resale price maintenance particularly where it relates to minimum advertised prices (MAP) on on-line sites. The CMA has a history of...more

2016 Automotive M&A Outlook

The automotive industry experienced extraordinarily high levels of deal activity in 2015. Mergers and acquisitions (M&A) in the sector are expected to remain strong in 2016, but deal volume and frequency may slightly taper...more

Current State of “Safe Harbor 2.0” And Steps Your Business May Need to Take

Last year, the European Court of Justice issued a judgment invalidating the safe harbor framework for US-EU data sharing, creating uncertainty and a number of questions about what is, and is not, permissible when sharing data...more

Top Compliance Issues Facing Manufacturers in 2016

In the last several years, the U.S. has been aggressively enforcing laws governing exports and international conduct. This is amply illustrated by the continuing imposition of large penalties on multinational companies for...more

What You Need to Know About Mergers and Acquisitions Involving Government Contractors and Their Suppliers

Volume 1 – The Structure of the Deal and Government Consent - With today’s posting, we begin a ten-part series on unique issues that arise in connection with the acquisition or disposition of a company that performs...more

Suppliers: Be Ready When Technology Companies Come Knocking

It is hard to believe that just two years ago, it was news that so many auto companies were attending the Consumer Electronics Show (CES). In contrast, last week’s 2016 CES show featured a full 25% of its keynote speakers...more

Bare Allegations of Customer Indemnification Not Enough for CBM Standing - Acxiom Corp. v. Phoenix Licensing, LLC

In a decision denying institution on a covered business method (CBM) review petition, the Patent Trial and Appeal Board (PTAB or Board) declined to institute a proceeding, finding that the petitioner lacked of standing. The...more

Knockout in Round One: Court Dismisses California Supply Chains Act Class Action

The first round goes to the industry: on December 9, 2015, the Central District of California dismissed the complaint in Barber v. Nestle USA, a key bellwether case in a new wave of class action litigation related to...more

Manufacturers and Suppliers Win Big in Pennsylvania Economic Loss Doctrine Argument

The economic loss doctrine (ELD) in Pennsylvania "precludes recovery for negligence 'if the plaintiff suffers a loss that is exclusively economic, unaccompanied by an injury to either property or person.'" Elliot-Lewis Corp...more

The Carrot or the Stick? New Ways to Explain Why Compliance Builds a Stronger Bottom Line

There is a well-known truth that most business leaders get: bad ethics are bad for business. The reasons are as obvious as last week’s headlines: fines, investigations, remediations, and the like can take a huge toll...more

Rehearing En Banc Granted in The Medicines Company v. Hospira, Inc.

Will The "No Supplier Exception" to the On-Sale Bar Fall? On November 13, 2015, the Federal Circuit granted a petition for rehearing en banc filed in The Medicines Company v. Hospira, Inc. As we previously reported, the...more

Suppliers of Inherently Dangerous Raw Materials Remain Excluded from the Protections of the Component Parts Doctrine

In Brady v. Calsol, Inc. 2015 No. B262028, the California Court of Appeal, Second District, reversed summary judgment for a raw materials supplier where there was a triable issue of fact as to whether the benzene levels...more

Top Three Reasons ACOs Should Use Telehealth and Telemedicine

Accountable Care Organizations (ACOs) can share costs of telehealth and remote patient monitoring services among their hospitals, providers/suppliers, and other ACO participants, according to federal regulations under the...more

CMS/OIG Finalize Fraud Authority Waivers for Accountable Care Organizations (ACOs) under the Medicare Shared Savings Program...

The Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) have finalized a rule designed to “remove legal and regulatory barriers that can impede care coordination in furtherance of the...more

Supplier to ANDA Filer Is Not Liable for Induced Infringement Until After ANDA Approval - Shire LLC v. Amneal Pharms., LLC

Addressing the scope of the safe harbor provision of § 271(e)(1), the U.S. Court of Appeals for the Federal Circuit reversed the district court, holding that supplying an active pharmaceutical ingredient (API) to the filer of...more

Skeletons in the Closet? Beware of Potential Enforcement Actions

With Halloween looming, a discussion of skeletons that may be lurking in a health care provider’s closet is timely. Many of our previous posts, as well as the monthly Qui Tam Updates published by our Health Care Enforcement...more

2015-2016 California Labor & Employment Laws Affecting Construction Industry

Assembly Bill 219 – Prevailing Wages for Concrete Delivery on Public Projects - AB 219 continues California’s aggressive expansion of prevailing wages. This bill expands the definition of “public works” for purposes of...more

European Union and United States Agree in Principle on New Safe Harbor Framework

On Monday, October 26, European Union Justice Commissioner Vera Jourová delivered a speech before the European Parliament in which she noted that the European Union and the United States had agreed “in principle” on a new...more

Reducing Counterfeits in Legitimate Supply Chains

In 2012, FBI agents entered the home of Rudy Kurniawan and found inside everything needed to produce counterfeit wine: corks, dozens of empty bottles and 18,000 labels of the world’s rarest wines. For years, Kurniawan ran a...more

A Yarn Spun, But Advertising Not Tailored to a Lanham Act Claim

In a recent application of the Supreme Court’s 2014 Lexmark decision on standing, the Court of Appeals for the Third Circuit held last month that a yarn retailer who alleged it was misled by its supplier into purchasing...more

A Perfect Storm for Automotive Patent Disputes?

As the automotive industry rebounds from its recessionary levels to an all time record level of spending on vehicles and healthy profitability, one of the key drivers of the increased vehicles sales has been increased...more

A Trend for Retailers to Avoid – Copyright Infringement Lawsuits Over Clothing

Textile Copyright Infringement Claims on the Rise - Katy Perry received a lot of attention for the dress she wore to the Met Ball this year, and not all of it was welcome. A Brooklyn artist thought that the dress was an...more

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