News & Analysis as of

SEC and Amnesty International Seek En Banc Rehearing of Decision in Ongoing Conflict Minerals Court Battle

On Friday, the SEC and Amnesty International each filed petitions seeking a rehearing en banc of the August 2015 panel opinion of the U.S. Court of Appeals for the District of Columbia Circuit regarding the conflict minerals...more

The Hidden Assassin: How This Contractual Provision Can Derail A Manufacturer’s Acquisition Plans

An”anti-assignment” clause can be the death knell of any deal involving the sale or purchase of a manufacturing company. You might ask: what is an anti-assignment clause?...more

Unfairly-Priced Imports Hurt U.S. Market Prices in Several Ways

Unfairly-priced imports in the U.S. market affect the prices U.S. producers receive in several ways, including an impact on supposedly "fixed" long-term contract prices. For some consumer goods, lower prices can increase...more

Blog: SEC To Issue Final Dodd-Frank Resource Extraction Disclosure Rule By June 2016 (Maybe)

As noted in this Law 360 article and in this blog , on Friday, the SEC filed a Notice of Proposed Rulemaking in the U.S. District Court for the District of Massachusetts in connection with Oxfam...more

EPA Decreases Limit for Ground-Level Ozone

In an updated rule released October 1, 2015, the Environmental Protection Agency (EPA) set tighter limits on ozone – a compound regarded as a precursor to smog. In setting the new standard at 70 parts per billion (ppb) for...more

What’s the Real Effect of OSHA’s Revamped Inspection Process, the “Enforcement Weighing System?”

On October 1, OSHA started its “Enforcement Weighing System,” which means that OSHA Compliance Officers and Area Offices will be under less pressure to complete a number of inspections and will receive credit for separate...more

ITC Section 337 Update – October 2015

ITC Proposes Extensive Changes To Rules For Adjudicating Section 337 Investigations – On September 24, 2015, the Commission published a Notice of Proposed Rulemaking in the Federal Register announcing proposed changes to its...more

President Signs E-Warranty Statute Amendment

In a rare display of bipartisanship, the U.S. Congress has passed and, on September 24, 2015, President Obama signed, an amendment of the federal statute regulating warranties on consumer products, the Magnuson-Moss Warranty...more

Children's Products and the Consumer Product Safety Improvement Act of 2008: A Synopsis of the Rules and Regulations Governing Toy...

Children's products, including toys, are regulated by the Consumer Product Safety Commission (CPSC) through the Consumer Product Safety Improvement Act of 2008 (CPSIA). Certain sections of CPSIA focus on children's toys....more

DTSC Issues Guidance to Companies on How to Prepare Alternative Analysis under the Safer Consumer Products Regulations

California's Department of Toxic Substances Control (DTSC) released for comment its Draft Stage 1 Alternatives Analysis Guide (Draft AA Guide). Under the Safer Consumer Products Regulations (SCPR), responsible entities...more

Class Certification Victory in Building Products Case

In a case that should be of interest to manufacturers and distributors, and especially to suppliers of building products, lawyers from our class action defense team recently defeated class certification in a building products...more

October Antitrust Bulletin

On September 8, the U.S. Court of Appeals for the Seventh Circuit granted a motion filed by household products manufacturer Clorox for interlocutory appeal of two decisions by the U.S. District Court for the Western District...more

Business Loss Insurance Coverage for Port Explosions in China

Massive explosions occurred at a warehouse in Tianjin, China, in August 2015, that left hundreds of people dead or injured and destroyed much of the city’s port facilities. Tianjin is located in the industrial north of China...more

New Law Modernizes Warranty Obligations

We frequently help clients figure out how to deal with laws that are outdated, so it’s nice to see when one of those laws gets updated to reflect current technology. Last month, President Obama signed the E-Warranty Act of...more

Watch out for Modern Slavery

The Modern Slavery Act 2015 comes into force next month. The UK is at the forefront of a global move to tackle human trafficking and prevent slavery in supply chains. In June the G7 leaders declared their commitment to the...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

Nearing a Tipping Point on a Mandatory Furniture Tip-Over Standard?

Currently, furniture makers and retailers may opt to comply with voluntary stability and tip-over standards established by the American Society for Testing Materials (ASTM). The Consumer Product Safety Commission (CPSC)...more

Ninth Circuit Affirms Dismissal of Challenge to Alleged Horizontal Adoption of Minimum Advertised Prices

In what has been described as the latest opinion on the use of hub and spoke theories to allege conspiracies in violation of Section 1 of the Sherman Act, the plaintiffs took the position that the viability of their claims...more

Tax Review - September 2015

We are proud to present the next edition of our “Tax Review” which contains a selection of rulings and interpretations that had been issued or published in August 2015. We hope you will find the information provided here...more

E-Warranty Act modernizes Magnuson-Moss

Consumer product manufacturers will be able to post warranties online rather than include printed warranty terms on slips of paper on or within product packaging, under industry-backed legislation signed into law by President...more

EEOC Sues Employer for Requiring That Epileptic Employee Take Medication as a Condition of Continuing Employment

On occasion, an employee’s medical condition may cause employers concern over that person’s ability to operate heavy machinery or otherwise to work in a hazardous environment. For example, an employee with epilepsy has...more

Required Action on the Horizon for California Consumer Products Companies

Yesterday, the Department of Toxic Substances Control (“DTSC”) released its draft Stage 1 Alternatives Analysis Guide (“Guide”) under the California Safer Consumer Products program. Public comments are being accepted on the...more

A Dangerous Product Does Not Necessarily Have A Design Defect

When the Town of Lexington detected PCBs in building caulk and then in indoor air in an elementary school built in 1960-61, it sued Pharmacia, alleging that Pharmacia sold a product – PCBs – with a design defect. In alleging...more

California Releases its First Draft of its Alternatives Analysis Guide (AA Guide)

All manufacturers and sellers of consumer products into California should take note. California has just released its first draft of stage one of its Alternatives Analysis Guide (AA Guide). ...more

California To Loosen Its Restrictions on “Made in USA” Labeling

On September 1, 2015, California enacted Senate Bill 633 (“SB 633”), loosening the state’s restrictions on “Made in USA” labeling. Under existing law, codified at Cal. Bus. & Prof. Code § 17533.7, a product may not be sold...more

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