News & Analysis as of

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

Drafting Intellectual Property Agreements: Best Practices From a Litigator’s Perspective

As intellectual property licensing continues to grow more prevalent, legal practitioners and business personnel are being asked to craft and negotiate agreements that can significantly impact a business’s ability to compete...more

Insurance Chain Reaction from the Tianjin Port Explosion

The recent Tianjin port explosion, like the 2011 Japanese earthquake and Thai floods, will lead to massive supply chain disruption. The impacted area included a high concentration of multinational and technology companies....more

Forum Selection in Online Terms

Let’s say you’re a Canadian company doing business with a US supplier - which law should govern the contract? ‘Forum selection’ and ‘governing law’ refer to the practice of choosing the applicable law and venue for resolving...more

Products Liability – Raw Material Supplier – Consumer Expectations Test

David Johnson, et al. v. United States Steel Corporation - Court of Appeal, First District (September 1, 2015) - In a products liability case, a plaintiff may seek recovery on theories of both negligence and...more

Meet George Jetson, His Boy Elroy ? — Commercializing ITO Automation

These days it seems every supplier’s infrastructure pitch book is full of the virtues and potential benefits of their drive toward automation, the objective being to get the same work done for less. What’s not clear is...more

European Court rules on controversial REACH ‘substances in articles’ case, extending aspects of EU chemical law compliance to the...

In what is a salutary reminder that published European Chemicals Agency (“ECHA”) guidance cannot necessarily always be relied upon to provide an authoritative interpretation of the requirements of the EU’s REACH chemicals...more

Under Construction - September 2015

Welcome to the fall edition of our Under Construction newsletter. The first article in this edition highlights the pros and cons of joint venturing on a construction project, and items to consider in preparing the joint...more

Cybersecurity for Medical Devices: A Risk Mitigation Checklist for In-House Counsel

Just this summer, a cybersecurity firm issued a report widely cited in the media detailing cases where unnamed hospitals were allegedly hit by data breaches after medical devices (identified only generically as a blood gas...more

NLRB’s New Joint Employer Standard Creates Enormous Uncertainty

Late last week, the National Labor Relations Board published a decision that will make many business leaders’ heads spin. By pronouncing a new legal standard to be used to determine if a business is a “joint employer” of...more

Managing Threats to Corporate Reputations (Part II of III)

Most companies do not adequately manage their reputations and the risks to their reputations. Too many companies are focused on “crisis” management, which is just another way to respond to a reputational risk that has already...more

Blog: Class Action Charges Misrepresentation In Policies And Disclosures Regarding Slave Labor In Supply Chain

As discussed in this Bloomberg article, Costco and some of its suppliers are facing class action litigation alleging that Costco misled consumers about the use of slave labor and human trafficking in its supply chain for the...more

[Webinar] Dealing with Financially Troubled Customers Outside and Inside of Bankruptcy - Sept.16, 12:00pm CDT

This presentation is designed to provide business professionals involved in supplying goods and/or services on credit with the latest and most effective strategies for dealing with customers experiencing financial difficulty....more

Monitor Financial Distress in Your Supply Chain

While American manufacturing has experienced a resurgence in recent years, some manufacturers continue to face challenges. Witness for example the recent chapter 11 filings of Colt, Boomerang Tube, and Everyware Global....more

SEC’s Disclosure Requirement on Conflict Minerals Again Ruled Unconstitutional — What Now?

In a long-awaited decision, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) reaffirmed its prior decision, striking down one aspect of the SEC’s conflict minerals disclosure...more

The Maturing of China's Auto Market

The Center for Automotive Research held its 50th anniversary Management Briefing Seminars event last week in Traverse City, Michigan. The theme of the conference was “Competition Rules!” and featured an in-depth look at the...more

Sands Anderson Report on First Day Hearing in Bankruptcy Filings of Alpha Natural Resources

Lawyers from the bankruptcy team of Sands Anderson attended “first day” hearings in the Chapter 11 bankruptcy case of Alpha Natural Resources, Inc. (“Alpha”) and its 149 related companies held on August 4, 2015 in the United...more

The UK Modern Slavery Act 2015 (“the Act”) enters into force today. If you are a supplier of goods or services with a turnover of...

Annual Statements - The Act requires commercial organisations to publish an annual slavery and human trafficking statement. This must set out the steps that the organisation has taken in that financial year to ensure...more

New Federal Integrity Regime: Two Steps Forward, One Step Back

The Integrity Regime replaces the Integrity Framework initially introduced by PWGSC in 2012 and amended in March 2014, which was heavily criticized as being unfairly harsh for its lack of due process and failure to account...more

Closing a Facility? Dig Deep to Avoid Contractual Issues

When closing a facility, the legal issues that most often come to mind are terminating a lease or selling the asset(s). However, those are just the tip of the iceberg. From below the surface, potential problems may arise out...more

The New Canadian Integrity Regime: Compliance Carrots to Join the Debarment Sticks

Today we welcome Kristine Robidoux, Partner, Gowling Lafleur Henderson LLP, for an analysis of the new Canadian Integrity Regime. As Canada has one of the most robust Debarment regimes which includes anti-bribery enforcement,...more

Canada’s Integrity Framework Gets a Makeover: What Public Contractors Need to Know

On July 3, 2015 Public Works and Government Services Canada (PWGSC) released its anticipated revisions to the Integrity Regime, which seeks to ensure it does business with ethical suppliers of goods and services in Canada and...more

Global Risk and Compliance: Q&A with Katherine Peavy

CREATe is delighted to announce the addition of Katherine Peavy to our team of experts. Katherine is a global compliance executive with more than 15 years’ experience in China managing multicultural teams to implement...more

FDA Helps Dispensers Enjoy the Summer with Generous DSCSA Compliance Policy

The federal Food and Drug Administration (FDA) just announced that the Drug Supply Chain Security Act (DSCSA) deadline of July 1, 2015 for dispenser requirements related to capturing and maintaining pedigree information will...more

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