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Uniform Commercial Code (UCC) Manufacturers

Butler Snow LLP

Leveraging the UCC for Sellers

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For sellers of goods, it is all but impossible to escape the reach of the Uniform Commercial Code (“UCC”) because its Article 2 applies to sales of goods. The UCC contains several buyer friendly provisions (including certain...more

Miller Canfield

New Michigan Supreme Court Ruling: A Must-Read for All Automotive and Manufacturing Companies

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Many "blanket" supply agreements in the automotive and other industries provide that the buyer will specify the quantity to be delivered only by issuing periodic "releases." On July 11, the Michigan Supreme Court held for the...more

Quarles & Brady LLP

Supply Chain Survival Series: Anticipatory Repudiation and Demand for Adequate Assurances (Article #8)

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Previous articles in the Supply Chain Survival Series have discussed a number of topics, including how contracts are formed and modified, and what default terms may be deemed to be part of an agreement under the UCC Battle of...more

Butler Snow LLP

Will It Travel Downstream? Remote Purchasers and Manufacturers’ Disclaimers of Implied Warranties

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From the perspective of both buyer and seller, warranties are an important part of any commercial transaction. It is well established that the Uniform Commercial Code (the “UCC”) will imply certain warranties into some...more

Lowndes

What You Need to Know about Email and eSignatures for the Purchase or Sale of Goods

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The use of email has become common in the contracting process and received an additional boost from the COVID-19 pandemic, which made electronic communications the preference for most businesses. ...more

Foley & Lardner LLP

Impacts of COVID-19 on Automotive Suppliers

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...Given that the original epicenter of the coronavirus was the important worldwide manufacturing hub of Wuhan, China, the automotive industry was swiftly and seriously impacted in ways that continue one year later. The...more

Foley & Lardner LLP

With Rising Raw Material Prices, Companies Should Prepare For Pressures on the Supply Chain

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As we have covered previously, earlier declines in demand for most raw materials during the early months of the coronavirus pandemic caused many suppliers to reduce capacity. This is now resulting in higher prices and more...more

Foley & Lardner LLP

Key Considerations for Managing COVID-19-Driven Commercial Demands

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As the economic fallout from COVID-19 continues to impact manufacturers and their suppliers around the world, many companies are facing significant financial headwinds. Companies suffering such difficulties will often look...more

Bricker Graydon LLP

Examining the defense of impracticability: Does the COVID-19 pandemic qualify as an “unforeseen event” that could render a UCC...

Bricker Graydon LLP on

For buyers and sellers of goods, the COVID-19 pandemic is causing increasing disruption to supply chains on a local, national and international level. Factories have been shut down, workforces have been downsized, flights...more

Polsinelli

COVID 19 and Supply Chain Contracts

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Covid-19 has caused serious disruption to manufacturers’ ability to produce products and fill orders on a timely basis, which in turn has impeded the performance of countless supply chains....more

Proskauer - Advertising Law

District Court Judge Finds that Herbal Extract Manufacturer Fails to Capture the Essence of a Lanham Act Claim

In a recent application of the Supreme Court’s 2014 Lexmark decision on standing, Judge Katharine Hayden of the District of New Jersey held last month that an herbal extract manufacturer allegedly misled by its supplier into...more

Foley & Lardner LLP

Puerto Rico Case Highlights Need for Secured Parties to Adhere to Good Practices in Documenting Secured Transactions

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Manufacturers encounter financing statements in many contexts – as a borrower, as a supplier of goods sold on credit, as a seller in a leveraged acquisition, as a seller of equipment where financing is provided to the buyer...more

Foley & Lardner LLP

Are Your Suppliers in Trouble? Warning Signs and What to Do

Foley & Lardner LLP on

While the U.S. economy overall is strong, there are risks that will likely affect the automotive supply chain in the coming year. These include tariffs on products such as steel and aluminum, and continuing trade disputes...more

Foley & Lardner LLP

Key Considerations for Pricing Disputes

Foley & Lardner LLP on

Among the most common disputes in the manufacturing industry are disputes over price changes. Most often, such disputes involve a supplier seeking higher prices from its customer. However, there also are instances in which a...more

Foley & Lardner LLP

Managing Warranty, Recall, and Litigation Risk for Automotive Suppliers

Foley & Lardner LLP on

Although the number of total vehicle recall campaigns is likely to be down this year, lower volume recall campaigns are expected to continue to trend upwards, including those involving electrical system components. ...more

Jones Day

Be Wary of Warranties for Software Design

Jones Day on

The Situation: Whether warranties accompany software used in other products turns on many factors, including whether the designer is providing a "good" or "service," statements in advertising, representations made in sales...more

Foley & Lardner LLP

Understanding The Warranty Of Fitness For Particular Purpose In The Automotive Supply Chain

Foley & Lardner LLP on

For automotive suppliers, some of the most important terms in any contract for the purchase or sale of goods are the warranties that apply to those goods. This article will address one particular kind of warranty – the...more

Foley & Lardner LLP

Fit for What Purpose? Understanding the Warranty of Fitness for Particular Purpose

Foley & Lardner LLP on

For manufacturing companies, some of the most important terms in any contract for the purchase or sale of goods are the warranties that apply to those goods. This article will address one particular kind of warranty – the...more

Foley & Lardner LLP

Mitigating the Risks Involved With Ending a Business Relationship

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All good things must come to an end. So it is in life, and so it is in business. Eventually all business relationships, including manufacturing relationships, will come to an end. Some relationships end with nary more than a...more

Jones Day

Mitigating Product Liability for Artificial Intelligence

Jones Day on

The Situation: New technologies incorporating AI create questions about how product liability principles will apply and adapt. The Issue: Legislatures and courts have not addressed how product liability laws apply to new...more

Foley & Lardner LLP

Protecting Your Supply Chain in the Face of Potential Auto Industry Challenges in 2018

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As the economy has improved and unemployment has fallen in the nearly 10 years since the Great Recession, North American vehicle sales volumes have also steadily increased and the forecast remains strong for 2018. Bloomberg...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Managing Credit Risk in the Supply Chain

Companies expend substantial resources managing the credit risk of customers, to protect the value of their sales. Many companies, however, do not always apply credit risk analysis to its supply chain, focusing instead on...more

Foley & Lardner LLP

Key Provisions for Supply Chain Contracts

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In the manufacturing industry, a company’s supply chain can be a source of both risk and value. By paying careful attention to the terms of its supply chain contracts, a company can help to mitigate its risks while at the...more

Foley & Lardner LLP

En Banc CAFC Requires UCC Sale For On Sale Bar

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In an en banc decision issued in The Medicines Company v. Hospira, Inc., the Federal Circuit determined that in order for a commercial transaction to trigger the on-sale bar of § 35 USC 102(b), it must “bear the general...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Clarifies the “Commercial Offer for Sale” Prong of the On-Sale Bar

On July 11, 2016, a unanimous Federal Circuit en banc affirmed that The Medicines Company’s (“TMC”) use of third-party contract manufacturing services did not invalidate U.S. Patent Nos. 7,582,727 and 7,598,343 (the...more

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