The United States Customs and Border Protection (CBP) prioritizes enforcing rules against the use of forced labor and human trafficking. The CBP’s ramped-up enforcement of the Uyghur Forced Labor Prevention Act (UFLPA) is...more
11/28/2023
/ China ,
Code of Conduct ,
Compliance ,
Customs and Border Protection ,
Due Diligence ,
Enforcement ,
Entity List ,
Forced Labor ,
Importers ,
International Labor Organization (ILO) ,
Investigations ,
NGOs ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
A recent opinion by the U.S. Court of Appeals for the Seventh Circuit reinstates allegations against McDonald’s that no-poach provisions in the company’s franchise agreements violate the antitrust laws, holding that such...more
Both enforcement agencies and consumers increasingly are focused on manufacturers’ supply chains. Human rights enforcement frameworks increasingly have real teeth. Both the United States and the European Union either have, or...more
6/8/2023
/ Compliance ,
Consumers ,
Country of Origin ,
Due Diligence ,
Enforcement ,
EU ,
Human Rights ,
Manufacturers ,
Modern Slavery Act ,
Office of Foreign Assets Control (OFAC) ,
Risk Management ,
Slavery ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA)
Companies in the manufacturing industry must continue to keep a close eye on the “S” in ESG. One key aspect of the “social” component of ESG involves respecting human rights in supply chains. Indeed, manufacturers are facing...more
3/31/2023
/ Child Labor ,
Compliance ,
Enforcement ,
Environmental Social & Governance (ESG) ,
EU ,
Forced Labor ,
Human Rights ,
Manufacturers ,
Reputational Injury ,
Supply Chain ,
Uyghur Forced Labor Prevention Act (UFLPA)
Many have viewed corporate commitments to ESG as largely performative measures amidst toothless compliance frameworks. But this has been changing and we expect that change to continue. One example arises out of the “S” in...more
12/20/2022
/ Child Labor ,
Compliance ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
EU ,
Forced Labor ,
Imports ,
Proposed Regulation ,
Supply Chain ,
Trade Facilitation and Trade Enforcement Act ,
United States-Mexico-Canada Agreement (USMCA) ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
Which is the applicable evidentiary standard for whistleblower retaliation claims brought under section 1102.5 of California’s Labor Code: The familiar McDonnell Douglas framework or the more employee-friendly framework set...more
Forum-selection clauses matter in franchise disputes — especially in disputes venued in federal court. Just ask Williams Insurance & Consulting, Inc., a franchisee recently booted from its chosen forum in a lawsuit it brought...more