On Tuesday, July 13, the Biden administration issued a supply chain advisory on the Xinjiang Uyghur Autonomous Region (XUAR). The advisory renews and refreshes warnings first issued in July 2020 that U.S. companies conducting...more
Last week, President Biden issued an Executive Order on Promoting Competition in the American Economy. As my partner, Elizabeth Haas, points out, the antitrust implications are far reaching. Of the 72 different initiatives...more
7/15/2021
/ Anti-Competitive ,
Antitrust Violations ,
Competition ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Joe Biden ,
Manufacturers ,
Proprietary Information ,
Right to Repair ,
Rulemaking Process ,
The Copyright Act ,
Third-Party Service Provider
Yesterday, the U.S. Customs and Border Protection (“CBP”) issued a Withhold Release Order (“WRO”) against Hoshine Silicon Industry Co. Ltd. , a company located in China’s Xinjiang Uyghur Autonomous Region (“XUAR”). The WRO...more
6/28/2021
/ Biden Administration ,
China ,
Customs and Border Protection ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Exports ,
Forced Labor ,
Human Rights ,
Imports ,
Solar Energy ,
Supply Chain ,
US State Departments ,
Withhold Release Orders (WROs)
Ford Motor Company (“Ford”) issued new Production Purchasing Global Terms and Conditions (“Terms”) related to the purchase of goods, services and tech products, including tooling and service parts purchased on or after July...more
4/13/2021
/ Arbitration ,
Audits ,
Buyers ,
Compliance ,
Copyright ,
Cybersecurity ,
Environmental Social & Governance (ESG) ,
Ford Motor ,
Indemnification Clauses ,
Mediation ,
Private Commercial or Financial Information ,
Proprietary Information ,
SaaS ,
Shipping ,
Software ,
Suppliers ,
Terms and Conditions
The supply chain is the lifeblood of the automotive manufacturing industry. Disruptions to the supply chain caused by COVID-19 and component and material shortages, such as the semiconductor industry shortage, have put this...more
...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
One year ago, the automotive industry was swiftly and seriously impacted by the COVID-19 pandemic. This disruption, in addition to the new administration, continues to present a variety of fresh issues.
Foley’s...more
3/10/2021
/ Americans with Disabilities Act (ADA) ,
Automotive Industry ,
Biden Administration ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Mexico ,
NHTSA ,
Patents ,
Safety Standards ,
Supply Chain ,
Trade Wars ,
U.S. Customs ,
United States-Mexico-Canada Agreement (USMCA) ,
Vaccinations ,
Vertical Mergers
On Friday, February 26, 2021, OESA (Original Equipment Suppliers Association) hosted a webinar analyzing the impacts of the global semiconductor shortage on the automotive industry. The program kicked off with a presentation...more
That question, as we brace for the continuing effects of COVID-19, is at the top of executives’ minds. And yet each vision seems to beget more questions: about alternative supply chain models and contract terms, about...more
9/29/2020
/ Business Disruption ,
Business Strategies ,
C-Suite Executives ,
Canada ,
China ,
Contract Terms ,
Coronavirus/COVID-19 ,
Manufacturers ,
Mexico ,
Natural Disasters ,
Suppliers ,
Supply Chain ,
Tariffs ,
Transparency
This report identifies resiliency and innovation considerations for manufacturers and provides frameworks and tools for you to evaluate how those considerations impact your business....more
9/29/2020
/ Analytics ,
Artificial Intelligence ,
Big Data ,
China ,
Coronavirus/COVID-19 ,
Driverless Cars ,
Innovation ,
Manufacturers ,
Risk Mitigation ,
Robots ,
Supply Chain ,
Trade Wars
The results of the ninth annual Carlton Fields Class Action Survey confirms Foley & Lardner LLP’s recent forecast that businesses should be prepared for a sharp uptick in class action lawsuits. Even pre-pandemic, there was an...more
It is quite common in supply chain contracts for the buyer and the seller to have competing interests in negotiating key contractual provisions and protections. Before COVID-19, force majeure provisions were often just an...more
Dozens of class action lawsuits have been filed against educational institutions since March and more are expected. Although each lawsuit attacks a specific institution’s individualized response to the COVID-19 pandemic, the...more
As many businesses are re-opening, employees have begun returning to work at their companies’ physical office space and landlords of commercial office buildings are encountering practical questions regarding how best to...more
As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these challenges...more
3/21/2020
/ Breach of Contract ,
Business Interruption ,
business-int ,
Class Action ,
Commercial General Liability Policies ,
Coronavirus/COVID-19 ,
D&O Insurance ,
Failure To Warn ,
Force Majeure Clause ,
Impracticability ,
Infectious Diseases ,
Insurance Claims ,
Manufacturers ,
Mergers ,
Suppliers ,
Supply Chain
The coronavirus (provisionally named SARS-CoV-2, with its disease being named COVID-19) has now been documented in more than 100 countries and territories. Over 120,000 cases have now been documented across the globe,...more
The coronavirus (provisionally named SARS-CoV-2, with its disease being named COVID-19) has now been documented in more than 100 countries and territories. Over 110,000 cases have now been documented across the globe,...more
3/10/2020
/ Commercial Contracts ,
Coronavirus/COVID-19 ,
Energy Projects ,
Energy Sector ,
Force Majeure Clause ,
Infectious Diseases ,
Manufacturers ,
Oil & Gas ,
Public Health ,
Suppliers ,
Supply Chain
...The coronavirus (provisionally named SARS-CoV-2, with its disease being named COVID-19) has now been documented in more than 70 countries and territories. More than 90,000 cases have now been documented across the globe,...more
3/6/2020
/ Automotive Industry ,
Best Practices ,
Business Travel ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Infectious Diseases ,
Manufacturers ,
Travel Restrictions ,
Traveling Employee
...The coronavirus (provisionally named SARS-CoV-2, with its disease being named COVID-19) has now been documented in six of the world’s seven continents, with more than 80,000 cases, sparing only Antarctica. Closer to home,...more
2/27/2020
/ Acquisitions ,
Business Interruption ,
Coronavirus/COVID-19 ,
Distributors ,
Employer Liability Issues ,
Force Majeure Clause ,
Health and Safety ,
Infectious Diseases ,
Insurance Claims ,
Manufacturers ,
Manufacturing Facilities ,
Material Adverse Change Clauses (MACs) ,
Mergers ,
Public Health ,
Purchase Agreement ,
Reporting Requirements ,
Risk Management ,
Suppliers ,
Supply Chain ,
Supply Contracts ,
Workplace Safety
In the three years it took for the United States-Mexico-Canada Agreement (USMCA) to come to fruition, there was much uncertainty surrounding trade relations with Mexico, yet U.S. business executives’ bullishness about...more
Like it has for many industries, technology is changing the game for the automotive sector – and the effects are now being felt down companies’ supply chains. As the intense focus on autonomous vehicles and electrification...more
...The Impact of Emerging Technologies on Global Automotive Supply Chains -
The intense focus on autonomous vehicles and electrification we see today shows no signs of slowing down: in the new automotive industry, every...more
2/13/2020
/ Antitrust Provisions ,
Automotive Industry ,
Chapter 11 ,
Commercial Bankruptcy ,
Data Privacy ,
Employer Liability Issues ,
Intellectual Property Protection ,
Manufacturers ,
Motor Vehicles ,
NHTSA ,
Supply Chain ,
United States-Mexico-Canada Agreement (USMCA)
Welcome to the newest edition of Foley’s MarketTrends newsletter. In this issue, we focus on key legal issues facing the Automotive and Manufacturing industries in 2020.
Legal Safeguards in Joint Development Relationships -...more
2/13/2020
/ Acquisitions ,
Automotive Industry ,
Best Practices ,
Contract Negotiations ,
Electric Vehicles ,
Intellectual Property Protection ,
Joint Venture ,
Manufacturers ,
Mergers ,
Motor Vehicles ,
Partnerships ,
Risk Management ,
Supply Chain ,
Supply Contracts ,
Tariffs ,
Trade Wars
With the coronavirus sweeping through major manufacturing hubs in China, the government has mandated shutdowns in many cities. The mandatory evacuation and closure of many businesses and schools in the area has shut down a...more
Welcome to the latest edition of Foley’s Automotive MarketTrends newsletter, which continues to highlight key trends in the industry. In this issue, we focus on tips for drafting commercial agreements, and, more specifically,...more
9/9/2019
/ Auto Warranties ,
Automotive Industry ,
Best Practices ,
Electric Vehicles ,
Implied Warranties ,
Indemnification ,
IP License ,
Limitation of Liability Clause ,
Manufacturers ,
Negligence ,
Non-Compete Agreements ,
Proprietary Information ,
Trade Secrets