Supply Chain

News & Analysis as of

Anti-Aging Litigation

Manufacturers, distributors, and retailers often tout the anti-aging effects of certain cosmetics and nutritional supplements. Of course, the term “anti-aging” is not intended to literally mean that a product prevents aging. ...more

Court Finds Manufacturer/Distributor Relationship Does Not Create An Informal Fiduciary Relationship

In Samsung Electronics America v. Chung, Samsung Electronics America, Inc. (“Samsung”) filed suit against All Pro Distributing, Inc. (“All Pro”) and certain former employees alleging claims for breach of fiduciary duty and...more

Meeting the challenges of Customs compliance: 11 questions to ask yourself, 6 action steps

In the global environment in which we operate, exchanging goods internationally always entails basic customs issues.  Among these are the import/entry process, tariff classification, valuation, country of origin labeling, and...more

Connected Cars and Data Privacy: Thinking Through the Federal Automated Vehicles Policy

One of the biggest challenges in implementing the seven privacy principles noted in the FAVP is closely coordinating all members of the connected cars ecosystem – from the original equipment manufacturers (OEMs) to the...more

Dutch and French Legislatures Introduce New Human Rights Due Diligence Reporting Requirements

In February 2017, legislatures in the Netherlands and France took significant steps to implement mandatory due diligence and reporting rules regarding the impact of an employer's operations and supply chains on human rights. ...more

The Top Six Takeaways from Auto-ISAC's and NHTSA’s Cybersecurity Best Practices

As cars continue to rely more and more on systems that closely resemble those that run mobile phones and personal computers, it’s no surprise that the original equipment manufacturers (OEMs) and suppliers of car parts need to...more

How to Measure Third-Party Risk Management ROI

One area that has bedeviled Chief Compliance Officers (CCOs) and compliance practitioners is how to determine the return on investment (ROI) for your compliance program regarding the management of third parties. While it is...more

New Administration Ramps up Enforcement Efforts

The Trump administration has vowed to bring jobs back to the states. One of the methods it appears it’ll take advantage of is continued, aggressive enforcement of U.S. laws governing exports and international conduct....more

Supreme Court Patent Ruling on Global Exportation of Component Parts

The Supreme Court’s recent decision in Life Technologies Corp. v. Promega Corp. raises important issues regarding the extraterritorial effect of patent law on global supply chains. The primary issue in the case is whether the...more

French National Assembly Adopts Corporate Duty of Vigilance Law

On February 21, 2017, the French National Assembly (Assemblée nationale) adopted proposed legislation defining a duty of vigilance for parent companies and their subcontractors. The law provides that multinational firms...more

New DOJ Evaluation – Valuable Document for the Compliance Practitioner: Part II

Yesterday I began a two-part series on the Department of Justice (DOJ’s) “Evaluation of Corporate Compliance Programs” (Evaluation) posted on the Fraud Section website late last week. The document is an 11-part list of...more

The UK Modern Slavery Act – A Compliance Primer for Fund Managers

Starting this year, a significant number of fund managers based all over the world will be among the approximately 12,000 companies that will be required to publish an annual statement under the transparency provisions of the...more

Advancing Human Rights Claims Based on Global Supply Chain Activities: Recent Developments in California and Canada

Courts in California and Canada have emerged as testing grounds for advancing claims of forced labor in global supply chains.  The plaintiffs’ approach is to make companies more accountable to “soft law” norms like the UN...more

Tidal lagoons - turning the tide

This article was originally published in Building.co.uk, and is reproduced with permission. Charles Hendry, an ex-energy minister, found in his recently published report that tidal lagoons can play a cost effective role in...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - February 2017

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 federal court decision holding that U.S.-based companies may be...more

Changing of the Guard: SEC Reconsiders Conflict Minerals Rule While Congress Votes to Overturn ‘Publish What You Pay’ Reporting...

In the wake of the US elections in November 2016, two of the Securities and Exchange Commission’s (“SEC”) disclosure rules for public reporting companies — the conflict minerals rule and government payments reporting for...more

The Trump Administration-Part III: Preparing for a Catastrophe

Writing in her weekly New York Times (NYT) Fair Game column, in a piece entitled “The Trump Effect: Time To Buckle Up”, Gretchen Morgenson noted, “investors are now scratching their heads trying to figure out what his...more

SEC Issues a Call for Comments on All Aspects of the Conflict Minerals Rule

On January 31, the Acting Chairman of the Securities and Exchange Commission (“SEC”), Michael Piwowar, issued an call for comments with regard to the conflict minerals rule. The rule was originally adopted by the SEC in...more

The naked truth: Why your supply chain could leave you exposed

If you are a business owner dealing with suppliers, you are potentially at risk of penalty for corruption related offences....more

Human Rights and Global Supply Chains

Fashion retailers need to be vigilant to prevent human rights abuses in their supply chains whilst complying with their legal obligations. The UK’s Parliamentary Joint Committee on Human Rights is investigating human...more

Commercial Contract Risk in 2017

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

OPEC Cuts: What now for the Supply Chain?

On Wednesday 30 November 2016, the Organisation of the Petroleum Exporting Countries (OPEC) reached an agreement that committed its members to introduce oil production limits for the first time in eight years. It is hoped...more

NIST Updates Cybersecurity Framework Guidance

In the past month, the National Institute of Standards and Technology (NIST) has issued a draft update to its flagship cybersecurity framework as well as new standalone guidance on how organizations can plan to recover from...more

Mining & Metals 2017: A tentative return to form

With miners staging a recovery on equity markets in 2016 and China concerns easing, growth is back on the agenda. But the recovery is not without its challenges and uncertainties....more

Retail and Consumer Products Law Roundup - January 2017

False Ad Suit Survives When Consumers "Swept Into" Purchase - Why It Matters - A California Court of Appeal found that plaintiff consumers had raised triable issues of fact on whether they suffered damages in...more

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Cybersecurity

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