Supply Contracts

News & Analysis as of

Manufacturing Contracts in Distress

The automotive industry has recently enjoyed a strong period of sales growth and productivity. But even during this period, some manufacturers and raw materials suppliers continue to face pressures presented by financially...more

CMS Announces Recompete of Round 1 of the Medicare DMEPOS Competitive Bidding Program for 2017

On April 21, 2015, CMS announced its plans to recompete the supplier contracts awarded under the Round 1 Recompete of the Medicare Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS) Competitive Bidding...more

UK Consumer Rights Act 2015

The Consumer Rights Act (“the 2015 Act”) received Royal Assent on 26 March 2015 and comes into force 1 October 2015. The 2015 Act aims to reform and consolidate eight pieces of legislation addressing consumer rights in the...more

Trade Agreements Act Compliance Activity Increasing at VA

Companies should include internal TAA compliance reviews in their overall manufacturing compliance programs. Every manufacturer of medical devices and pharmaceuticals that offers a product for sale to the federal...more

Budding Family Business Entrepreneur? Top Three Legal Tips You Need to Know

A recent New Tech Seattle event at the Seattle Center brought together a group of interesting budding entrepreneurs. Discussions with several people led to the realization that many of them are facing the same basic legal...more

California AG Asks Retailers And Manufacturers To Report On Supply Chains Act Compliance

The California Attorney General’s office recently sent letters to retailers and manufacturers asking them to demonstrate compliance with the California Transparency in Supply Chains Act or why they are not subject to the act....more

GST may be extended to intangible supplies

The Federal Treasurer, Joe Hockey, commented at a Press Conference and Q&A session following the Council of Federal Financial Relations Meeting in Canberra on 9 April 2015 that the States & Territories have agreed in...more

Blog: The Trade Agreements Act and Sales of Medical Devices to the U.S. Government

Does your company sell medical devices to the U.S. Government, either directly or through a reseller or distributor? Are those devices or supplies manufactured at least partly in a country other than the U.S.? ...more

The Big Bad Price Reduction Clause Might Be On Its Way Out: GSA Proposes New Rule Replacing Customer Tracking Requirements With...

Government contracting is not for the faint of heart when it comes to compliance woes. Private companies looking to do business with the government face a regulatory maze so great that it may inspire references to Greek...more

Overview and Analysis of Select Provisions of the ABI Chapter 11 Reform Commission Final Report and Recommendations - Part Two of...

Last month, Orrick’s Restructuring team began a three-part look at the American Bankruptcy Institute’s Chapter 11 Reform Report. In part one we looked at issues related to confirmation, valuation, financing and asset sales....more

Force Majeure Clauses: An "Out" for Suppliers Facing Shortages and Supply Chain Disruptions From West Coast Labor Dispute

With the ongoing West Coast labor dispute and increasing port congestion causing gridlock, suppliers should look to their contracts to determine whether they have the right to declare force majeure with their customers in the...more

Letters of credit, on-demand bonds, and the "fraud exception"

On the 9th of September 2014, the Privy Council in the United Kingdom delivered a judgment in Alternative Power Solution Ltd. v. Central Electricity Board reaffirming the established principle that, other than in cases of...more

Federal Court of Appeals Rules that California Water District May Recover Expectancy Damages from the United States

Opinion Reverses Trial Court, and Bureau of Reclamation May Owe Additional Damages for Breach of Water Supply Contract - A recent federal appellate decision may clear the way for water purveyors to collect damages when...more

CMS Announces Plans for Round 2 DMEPOS Competitive Bidding Recompete

CMS has begun a pre-bidding awareness program in connection with its plans to recompete the supplier contracts awarded in Round 2 of the Medicare Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS)...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

Bridging the Gap: English Courts Uphold Enforceability of Long-term Commodity Supply Contracts

Term contracts for the supply of commodities – especially over a term of several years – are often expressed to be legally binding, but can leave important terms to be agreed between the parties, for example, on an annual...more

TRANSACTIONAL: Bankruptcy: Contractor Insolvency Issues in Large Project Transactions

An issue that is often overlooked, but should be considered in the context of large project transactions, is the potential insolvency of contractors and subcontractors. A bankruptcy proceeding involving a key contractor can...more

Paris Energy Series No. 7: Take-or-pay Conditions in Gas Supply Agreements

I. Introduction - Take-or-pay provisions are now fairly common in long-term offtake and supply agreements in the energy sector, a notable example being gas supply agreements. In essence, take-or-pay provisions...more

Non-Signatories Lose In Two Federal Circuits When Trying To Enforce Arbitration

Two federal circuit courts recently reversed district court decisions allowing non-signatories to compel arbitration. The analysis emphasizes that for a defendant to prove equitable estoppel compels arbitration, the...more

The National Defense Authorization Act of 2013 will Change Small Business Contracting and Teaming

Federal government contractors that contract or team with small businesses must become familiar with recent changes resulting from the National Defense Authorization Act of 2013, signed into law in early January (the “NDAA”)....more

REGULATORY: EU Competition Law: European Commission opens two abuse of dominance inquiries against Bulgarian and Romanian Energy...

The European Commission (“Commission”) has announced two formal proceedings to investigate potential competition law violations by energy companies in Eastern Europe. The Commission is investigating whether Bulgarian Energy...more

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