What to Do if Your Suppliers Are in Distress - Is It Time to Find a New Supplier?
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Monthly Minute | Global Supply Chain Issues
On 15 July 2024, “Regulation (EU) 2024/1787 of the European Parliament and of the Council of 13 June 2024 on the reduction of methane emissions in the energy sector and amending Regulation (EU) 2019/942” (the “EU Methane...more
The Office of Federal Contract Compliance Programs (OFCCP) just released its 2024 Corporate Scheduling Announcement List (CSAL), which identified 500 establishments of supply and service contractors that have been selected...more
On Friday, June 7th, the Office of Federal Contractor Compliance Programs (OFCCP) published a new Corporate Scheduling Announcement List (CSAL). This list includes 500 supply and service contractor establishments that will be...more
Exclusion clauses are a common feature of agreements of purchase and sale and other commercial contracts. While often subject to negotiation, parties sometimes proceed with standard form exclusion clauses that may inject...more
On May 31, 2024, the Supreme Court of Canada released its highly anticipated decision in Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., 2024 SCC 20 (“Pine Valley”), clarifying how contracting parties can exclude...more
Relying on a recent Michigan Supreme Court opinion, the Sixth Circuit Court of Appeals recently reversed a preliminary injunction requiring an auto supplier to supply products, holding that the parties’ purchase order...more
Following the Michigan Supreme Court’s landmark decision in MSSC, Inc. v. AirBoss Flexible Products Co., 511 Mich. 176 (2023), in which Warner represented the prevailing party, many businesses have been re-examining whether...more
In recent years, the number of cancellations based on non-use of trademarks for 3 consecutive years has increased year by year. When submitting use evidence to the CNIPA in response to the cancellation, there is a situation...more
As this blog previously reported, the Michigan Supreme Court recently issued a landmark decision in MSSC, Inc. v. AirBoss Flexible Prods. Co. Warner represented the prevailing party, AirBoss. In that case, the court held that...more
In this Insight, first published in PLC, Jennifer Badham discusses various attempts to address late payments and long payment terms that are a common problem in construction industry supply chains, including two recent...more
In our What to Do if Your Suppliers Are in Distress video series, we describe how to identify your critical suppliers that might be in jeopardy, provide suggestions on how you can help them, and share how you can protect your...more
In our previous articles in the Supply Chain Survival Series, we discussed when a party’s failure to perform may (or may not) be excused by a contractual force majeure provision or by the common law doctrines of...more
Unit Petroleum Company v. Koch Energy Services, LLC is another force majeure case arising out of winter storm Uri. Unlike a similar case, summary judgment was denied because, said the United States District Court, The word...more
Seyfarth Synopsis: While the potential impact on private companies’ employee-focused DEI efforts has received much attention in the wake of the recent Supreme Court higher education affirmative action cases, another strategic...more
The New York State Public Service Commission recently implemented Public Service Law § 66-t, which requires energy brokers and consultants to register with the Department of Public Service and disclose certain fees to...more
The case involved the sale of mist eliminators (demisters) from MECS Inc. to Axiall Canada Inc., an owner of a Canadian manufacturing facility. A key issue involved the terms of the parties’ contractual relationship as formed...more
It is quite common in the automotive manufacturing industry for supply contracts to use framework agreements or blanket purchase orders extending over a certain period of time or for the lifetime of the product line. The...more
MSSC, Inc. v. AirBoss Flexible Prods. Co. is the first case to interpret a key provision of the Uniform Commercial Code in nearly 40 years – and one that will reverberate for suppliers up and down the supply chain. The...more
Automotive supply contracts usually involve either the sale of goods or the provision of services. For that reason, determining what law applies to such contracts is often pretty simple — the Uniform Commercial Code (UCC)...more
MIECO, LLC v. Pioneer Natural Resources presented a challenge to a force majeure defense in a dispute arising from Winter Storm Uri. The defense carried the day....more
MIECO LLC v. Pioneer Nat. Res. USA, Inc. - May a seller of energy invoke force majeure to excuse its non-performance under a delivery contract – a contract that obligates the seller to deliver a particular quantity of...more
On February 5, 2023, the G7 announced that the “price cap” on western-backed seaborne trades of Russian-origin petroleum products to third countries would be set at $45 per barrel ($45/bbl) for Discount to Crude petroleum...more
When negotiating supply contracts, the logistics of possible future litigation may not be top of mind. No one wants to talk about the details of their divorce while they are still in the honeymoon stage. And while the topic...more
On November 20, 2022, the Office of Federal Contract Compliance Programs (OFCCP) published proposed changes to its Supply & Service scheduling letter and itemized listing. Over the next few weeks, DCI will provide a series of...more
The infamous “zero-Covid policies” of the People’s Republic of China (PRC), the most severe of which were enacted in 2020, have had enormous impact on the global economy and supply chains. The government-imposed restrictions...more