Suppliers

News & Analysis as of

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

A Step Up on Step-In Rights

Most outsourcing contracts that I see contain a step-in right for the customer. Generally, a step-in right allows the customer to take over the outsourced operations if the supplier cannot or does not perform, and then "step...more

What Is Driving Stepped Up Government Health Care Enforcement? – Interview with Hope Foster, Member, Mintz Levin [Video]

Health law attorney Hope Foster, Chair of Mintz Levin's Health Care Enforcement Defense Practice, discusses what is driving the increase in government health care enforcement and how providers, suppliers, and manufacturers...more

To Auto Parts Suppliers: Mexico Offers Renewed Opportunity

Many experts have watched the development and evolution of Mexico’s economy. Her GDP has been steadily rising for the last few years and many of her people are being lifted from poverty. It is estimated that in the next five...more

Be Aware of Invalidating Offers-for-Sale by Manufacturing Partners

This month the Federal Circuit handed down a decision in Hamilton Beach Brands, Inc. v. Sunbeam Products, Inc., Appeal No. 2012-1581, that illustrates the danger to patent holders of potentially triggering an “on-sale” bar by...more

What To Ask: Assessing Third Party Risk Management Solutions

The risks posed by third party relationships (vendors, suppliers, agents, distributors, resellers, etc.) are huge – and often unaddressed. Regulations continue to increase as businesses become more global, and more and more...more

BakerHostetler Patent Watch: Hamilton Beach Brands, Inc. v. Sunbeam Prods., Inc.

[T]here is no "supplier exception" to the on-sale bar, [and] it is of no consequence that the "commercial offer for sale" [was] made by [the patentee's] own supplier and was made to [the patentee] itself....more

The Compliance Communicator - August 2013

MEMO TO MANAGERS - The Weakest Links - We communicate frequently about the ethics and compliance risks employees and managers face, and what can be done to reduce those risks. Most of our emphasis is on our own...more

Reseller vs. License By Richard Hsu [Video]

Richard Hsu, a technology transactions and intellectual property partner in the Mergers & Acquisitions Group at Shearman & Sterling, discusses the difference between a reseller or distributor agreement with a technology...more

Doing Business In Latin America: Does Your Local Supplier Have Best Practices In Place So That Your Company Can Avoid Liability...

Imagine yourself the CEO of a successful multinational company. In the past few years, you have overseen ACME’s expansion into Latin America – a market whose demographic profile holds the promise of mouthwatering profits for...more

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