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Contract Manufacturing Primer for Emerging Healthy F&B Companies

A contract manufacturer (also known as a “co-man” or “co-packer” and for brevity, we’ll use “co-man” from here on out) is a critical partner for most emerging companies in the healthy food and beverage (F&B) space. The...more

Three Key Defenses to Contractual Performance: Force Majeure, Commercial Impracticability, and Frustration of Purpose

With disruptions affecting every aspect of the supply chain, companies are increasingly encountering legal arguments offered to justify a failure to meet supply obligations. This article in the Supply Chain Disruption Series...more

At What Price?: Pricing Strategies to Deal with Rising Costs

As costs of raw materials and freight rise, some suppliers are facing the dilemma of locked-in product prices with customers and an inability to respond to declining profit margins. Historically, suppliers have been able to...more

Executive Order on America’s Supply Chains

On February 24, 2021, President Joe Biden signed an executive order with the policy goal of strengthening and diversifying supply chains in the United States (the “Order”). The Order was issued to combat various threats to...more

SEC Amends Regulation S-K to Modernize Business, Legal Proceedings and Risk Factor Disclosures

On August 26, 2020, the U.S. Securities and Exchange Commission (“SEC”) announced it had adopted a series of amendments (the “Amendments”) to Regulation S-K to modernize the description of business (Item 101), legal...more

Should Parties Color Outside the Lines of Force Majeure to Excuse COVID-19 Related Supply Chain Disruptions?

Throughout the COVID-19 pandemic, manufacturers, suppliers, and distributors are attempting to mitigate the risks that accompany supply chain disruptions by incorporating a variety of related terms into their force majeure...more

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