The Buy American Act was originally passed by Congress in 1933 and has undergone numerous changes across several presidential administrations. While the core of the Act has essentially remained the same, requiring the U.S....more
Stop me if you have seen this before. You visit the website of a U.S. privately held manufacturer, and you click on the “About Us” page (if one exists) to find only generic information that could describe any manufacturing...more
There are a lot of trends that we could identify for corporate compliance / litigation, but the one that stands out for me relates to contracts – the lifeblood for many of our clients.
COVID-19 exposed the weaknesses in...more
Last month, I offered the first in a series of blog posts that attempt to simplify the various laws that are often described as a single law: “Buy America,” “Buy American,” “Made in the USA,” “Made in America,” and “Build...more
There is massive confusion both in the manufacturing community and the popular press. Even some of the well-respected industry publications have had a hard time getting it right....more
On the one-year anniversary of the invasion of Ukraine, the Biden administration has announced a series of additional sanction measures targeting Russia. These new sanctions are designed to further isolate Russia from goods...more
3/10/2023
/ Biden Administration ,
Economic Sanctions ,
Entity List ,
Export Controls ,
Foreign Policy ,
Foreign Trade Regulations ,
G7 ,
Manufacturers ,
Military Conflict ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Tariffs ,
U.S. Commerce Department ,
Ukraine
In late 2012, we created the Manufacturing Law Blog with the goal of providing our manufacturing clients with a holistic approach to the unique issues they face in their global operations. Starting in 2016, we began a new...more
There are a lot of manufacturers out in the market looking to buy. Many “strategic” buyers are taking advantage of healthy balance sheets that are bolstered by a lot of cash. A few weeks ago, I attended a presentation by an...more
Over the years, I have written a lot about manufacturing disputes and how to resolve them short of litigation. The first step often is looking at what the parties have agreed to in any applicable contracts about how to...more
Paul Ericksen of Industry Week has been writing about supply chain issues for many years. His most recent article “Supplier Goodwill toward OEMs Has Run Dry” caught my attention. The title is clearly meant to be provocative...more
In late 2012, we created the Manufacturing Law Blog with the goal of providing our manufacturing clients with a holistic approach to the unique issues they face in their global operations. ...more
A few months ago, I was asked by the U.S. Department of Commerce to join a panel discussion on how to develop relationships with international distributors and representatives....more
All manufacturers are generally tired of hearing about supply chain problems. These days companies are looking for ways to mitigate shipping delays (i.e., can we ship to a port other than Long Beach?) and the increased cost...more
When a domestic company starts a relationship with an international partner, choosing the jurisdiction in which any dispute must be litigated in the event of a contract breach may not be top of mind. ...more
“A supply chain crunch that was meant to be temporary now looks like it will last well into next year as the surging delta variant upends factory production in Asia and disrupts shipping, posing more shocks to the world...more
In the past, we have provided some guidance about how to manage supply chain and other business to business disputes.
2020-2021 has been the year of supply chain disruptions and customer disputes. Not all disputes lead to...more
The trade relationship between the U.S. and UK is an economically and historically important one for both nations. While the two nations recommitted to their longstanding alliance at the recent G7 summit, a number of...more
6/25/2021
/ Aircraft ,
Digital Services Tax ,
Free Trade Agreements ,
Imports ,
Manufacturers ,
Retaliatory Tariffs ,
Subsidies ,
Supply Chain ,
Tariffs ,
Trade Relations ,
UK ,
Wine & Alcohol
One of the IndustryWeek articles that always grabs my attention is “Top 10 Most Corrupt Countries of 2021.” Obviously, there is an immediate incentive to check the list and see if you do business (or even can do business) in...more
The Wall Street Journal published a story a few days ago that described some of the challenges that exist in the manufacturing supply chain.
“U.S. manufacturers aced the shutdown of their factories and warehouses last...more
Earlier this year, I provided our 2021 Corporate Compliance and Litigation Outlook for Manufacturers. I noted that even though we had been counseling a lot of manufacturers on force majeure events (i.e., the ability to...more
2021 Corporate Compliance & Litigation Outlook for Manufacturers -
In late 2012, we created the Manufacturing Law Blog with the goal of providing our manufacturing clients with a holistic approach to the unique issues...more
There are a lot of programs from service providers that seek to advise business owners on what to do after they have decided to sell their manufacturing business. I equate it to trying to jump on a ship just as it is entering...more
It is hard to move the news cycle beyond vaccine updates, but this week brought such news. The aerospace industry received the announcement that many were expecting for a long time. The FAA has decided to allow Boeing to...more
Back in 2013, I wrote a blog post about 3D printing and whether it was going to be the next “big thing.” At the time, the commentary within manufacturing circles was mixed, at best, as manufacturing leaders wondered whether...more
There has been a lot of talk about “reshoring” in the wake of COVID-19. Reshoring can take many forms. It usually refers to a company moving manufacturing facilities or services back to the United States. Other times, it...more