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Mayer Brown

EU Bans Products Made Using Forced Labour – What Should Companies Expect?

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On March 5, 2024, the European Parliament and the Council of the European Union reached a "political agreement" on a Regulation prohibiting products made with forced labour ("the EU Forced Labour Regulation" or "the EUFLR")...more

Bass, Berry & Sims PLC

False Claims Act Settlements to Know from Q1 2023

On February 7, the Department of Justice (DOJ) issued a press release indicating that settlements and judgments under the False Claims Act (FCA) exceeded $2.2 billion in the fiscal year ending September 30, 2022. Of this...more

Paul Hastings LLP

Key Takeaways from the National Cybersecurity Strategy

Paul Hastings LLP on

On March 3, 2023, the White House released the National Cybersecurity Strategy. The White House described this as the blueprint for a long-term effort by the Biden administration in cooperation with Congress and the private...more

Cadwalader, Wickersham & Taft LLP

FTC Sues to Block Lockheed’s Proposed Acquisition of Aerojet Rocketdyne in Milestone Defense Industry Vertical Challenge

The Federal Trade Commission (“FTC”) filed suit yesterday to block Lockheed Martin Corporation’s proposed $4.4 billion acquisition of Aerojet Rocketdyne Holdings Inc., announced back in December 2020. Aerojet, the last...more

Society of Corporate Compliance and Ethics...

[Virtual Event] Seattle Regional Compliance and Ethics Conference - November 12th, 8:25 am - 4:30 pm PST

Our Virtual Regional Compliance Conferences provide updates on the latest news in regulatory requirements, compliance enforcement, and strategies to develop effective compliance programs. Watch, listen, and ask questions from...more

Parker Poe Adams & Bernstein LLP

How Much Will President Biden's Buy American Order Change Content Requirements? To Be Determined

Manufacturers are likely to face a tighter definition of American-made products and a stricter process for securing waivers as a result of President Joe Biden’s executive order this week. But the exact details will come from...more

Pillsbury Winthrop Shaw Pittman LLP

COVID-19 Relief: Loan Forgiveness Requirements and Loan Review Procedures for Renewed Paycheck Protection Program

On January 19, 2021, the Small Business Administration (SBA) issued a new interim final rule on loan forgiveness and loan review procedures for the Paycheck Protection Program (PPP), as reinitiated by the Economic Aid to...more

Polsinelli

Crack in the Dam that Shields Online Retail Platforms from Liability for Defective Products from Third-Parties

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On August 13, 2020, in a case involving an Amazon customer injured by a defective battery purchased online, the California Court of Appeal overturned a trial court ruling that had determined Amazon was a mere provider of...more

Hogan Lovells

Ninth Circuit rules in favor of Qualcomm, distancing antitrust law from FRAND disputes

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On 11 August 2020, a panel of the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”), in a unanimous opinion by Judge Callahan, reversed the U.S. Federal Trade Commission’s (“FTC’s”) win in the district court...more

Hogan Lovells

Coronavirus as a contractual force majeure event: A simple checklist

Hogan Lovells on

Email overload on whether the new coronavirus, COVID-19, triggers a force majeure clause? Whether you're considering a claim, worried about receiving one or busy drafting following the outbreak, here's our 10-point,...more

Kramer Levin Naftalis & Frankel LLP

Force Majeure: Can It Be Applicable in Case of Failure to Perform the Contract Due to the COVID-19 Outbreak?

For more than a month, China has been suffering from the COVID-19 outbreak, leading to strict containment measures and the standstill of many production plants of raw materials or parts. ...more

Maynard Nexsen

Force Majeure: Is COVID 19 an Act of God?

Maynard Nexsen on

It depends. A force majeure clause typically refers to “acts of God,” defined generally as ‘an act occasioned exclusive by violence of nature without the interference of any human agency.’...more

Thomas Fox - Compliance Evangelist

Cardinal Health FCPA Enforcement Action: High Risk Business Relationships

Cardinal Health Inc. (Cardinal) settled its Foreign Corrupt Practices Act (FCPA) matter with the Securities and Exchange Commission (SEC) last week. According to the SEC Press Release, Anita B. Bandy, Associate Director in...more

Miller Canfield

Legal Considerations in Excusing Contractual Performance Due to Coronavirus

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Many commentators have assumed that a party to a contract will be excused from performance if the coronavirus outbreak causes its inability to perform. But in order to be sure this would apply in a particular supply contract...more

Pillsbury Winthrop Shaw Pittman LLP

Coronavirus and Force Majeure in English Law

- Under English law, force majeure clauses in contracts may allow parties to avoid their performance obligations in certain extreme circumstances, as defined by the contract. - It is unlikely that a low demand for LNG in...more

Foley & Lardner LLP

Managing the Commercial Impact of the Coronavirus Outbreak: Force Majeure Declarations

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With the coronavirus sweeping through major manufacturing hubs in China, the government has mandated shutdowns in many cities. The mandatory evacuation and closure of many businesses and schools in the area has shut down a...more

Holland & Knight LLP

Government Contractors Subject to New Counterfeit Parts Reporting Requirements

Holland & Knight LLP on

A new Federal Acquisition Regulation (FAR), "Reporting of Nonconforming Items to the Government Industry Data Exchange Program," will become effective on December 23, 2019. The new FAR provision (FAR 46.317) and clause (FAR...more

Carlton Fields

Say Cheese: With the “Right to Repair” Debate Simmering, the Supreme Court’s Aging Kodak Decision Is Ready for Its Close-Up

Carlton Fields on

While dissenting from the Supreme Court’s 1992 decision in Eastman Kodak Co. v. Image Technical Services, Inc., Justice Scalia warned that the opinion “threatens to release a torrent of litigation and a flood of commercial...more

Foley Hoag LLP - Global Business and Human...

New Anti-Trafficking Legislation May Spur Closer Look at Manufacturers’ Supply Chains

On September 26, the Senate Committee on Foreign Relations approved the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2018 (H.R. 2200). The bill would reauthorize the Trafficking...more

Mintz - Consumer Product Safety Viewpoints

Another California Dismissal of Proposed Class Action Regarding Disclosure of Forced Labor in the Supply Chain

We recently blogged about a new wave of class action litigation related to California’s Transparency in Supply Chains Act. In December, Nestlé USA won the dismissal of a complaint against it alleging that the company was...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Mintz - Consumer Product Safety Viewpoints

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

Proskauer - Advertising Law

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

Foley & Lardner LLP

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

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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

Cozen O'Connor

California Court Holds Product Contamination Insurance Does Not Cover Ingredients Contaminated by Insured’s Supplier

Cozen O'Connor on

On February 6th, an intermediate level California appellate court held that a product contamination policy only covered contamination that occurs during or after manufacturing operations by the insured, meaning that there was...more

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