News & Analysis as of

Supply Contracts

Key Provisions for Supply Chain Contracts

by Foley & Lardner LLP on

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

France Moves Toward Ending All Regulated Tariffs for Natural Gas Sales

by Jones Day on

The Ruling: The Conseil d'État (France's Administrative Supreme Court) has ruled that the public service obligation to supply natural gas at regulated tariffs in France contravened EU law. In particular, it affirmed that no...more

Construction E-Note - September 2017

by Burr & Forman on

In an article published in the September/ October 2017 edition of the Associated Builders and Contractors’ Building Central Florida magazine, Peter Vilmos discusses the nation’s current infrastructure since President Trump’s...more

Labor & Employment E-Note - September 2017

by Burr & Forman on

In late 2017 or early 2018, employers should anticipate clarity from the U.S. Supreme Court as to whether arbitration agreements requiring workers to waive their right to file class or collective actions violates the National...more

How is Hurricane Season Impacting Your Supply Contracts?

The 2017 hurricane season has already had a significant impact, with Hurricanes Harvey and Irma causing billions of dollars of damage in Texas and Florida. And more hurricanes are likely on the way. ...more

The Shift Away from Take-or-Pay Contracts in LNG

by King & Spalding on

The Japan Fair Trade Commission (the “JFTC”) recently undertook a survey to review destination restriction clauses in contracts for the sale and purchase of liquefied natural gas (“LNG”). Included at the end of the JFTC’s...more

LNG for Japanese Buyers: End of the Road for Destination Clauses?

by Latham & Watkins LLP on

A recent announcement by the Japanese antitrust regulator could spell the end of destination clauses in certain Asian LNG SPAs. Key Points: ..Asian LNG buyers are seeking to form a buyers’ club to negotiate better and...more

Japan LNG Import Contracts – The JFTC Reports

The Japanese Fair Trade Commission (JFTC) on June 28, 2017 issued its much-anticipated report into the state of the market for contracted long term LNG supplies into Japan?. The report made a number of key observations....more

Is There a Coming Sea Change in the Analysis of whether Energy Services Contracts Are Maritime?

In 1990, the U.S. Fifth Circuit rendered its decision in Davis & Sons, Inc. v. Gulf Oil Corp., through which the Court attempted to harmonize the existing state of the law to determine whether a contract to supply a work...more

FAS again clarifies issues of applying the Retail Law with respect to discounts

by Dentons on

On 9 June 2017 the Federal Antimonopoly Service of the Russian Federation (“FAS”) published on its website the latest clarifications with respect to Article 9 of the Retail Law determining the terms on the price of products...more

Global Transportation Finance Newsletter - June 2017

by Vedder Price on

So, what is LIBOR? LIBOR—the London Interbank Offered Rate—is one of the most ubiquitous benchmarks for determining short-term interest rates in bank (and other) lending. LIBOR rates are short-term fixed rates quoted for...more

O.W. Bunker: Some Modest Considerations

by Vedder Price on

Vessels cannot sail without fuel. This industry truth is recognized in contracts and under U.S. maritime law. In fact, enabling ship operators to efficiently obtain fuel is so important that U.S. maritime law purports to...more

Energy Update - May 2017

by Shearman & Sterling LLP on

We are pleased to release the latest issue of our client newsletter, Energy Update, designed to inform clients and friends of the firm about important developments affecting US and international energy markets. Please see...more

The review and renegotiation of Japanese LNG import contracts

Japan’s Fair Trade Commission (JFTC) is currently conducting an investigation into alleged unfair restrictions on the resale of liquefied natural gas (LNG) imports into Japan from abroad. The investigation could lead to a...more

Territorial Restrictions in Gas Supply Contracts in Japan – Antitrust Implications and Experience from the European Union

by Shearman & Sterling LLP on

Japan, the world’s biggest buyer of liquefied natural gas (“LNG”), is currently investigating the potential anticompetitive effects of territorial restrictions in LNG supply contracts. Historically, LNG suppliers have used...more

Supreme Court limits liability for shipping parts of patented inventions abroad

by Thompson Coburn LLP on

Generally, to infringe a U.S. patent, the infringing activity — the unauthorized making, using, offering to sell, selling, or importation — occurs within the United States. However, there are exceptions to this rule. Under 35...more

Life Technologies Corp. v. Promega Corp.: Supreme Court Limits Patent Infringement Liability for Suppliers Under § 271(f)(1)

by Knobbe Martens on

The Supreme Court in Life Technologies Corp. v. Promega Corp held that providing a single component of a multicomponent invention for manufacture abroad does not give rise to patent infringement liability under 35 U.S.C. §...more

"US Supreme Court Holds That Exporting One Component of Invention Abroad Does Not Suffice for Patent Infringement"

In a 7-0 decision issued on February 22, 2017, in Life Technologies Corp. v. Promega Corp., the U.S. Supreme Court held that exporting a single component of a multicomponent invention for combination abroad does not give rise...more

Supreme Court Rules In Life Technologies Corp. V. Promega Corp.

by Ladas & Parry LLP on

On February 22, 2017 in Life Technologies Corp. v. Promega Corp, the Supreme Court in a 7-0 judgment (Chief Justice Roberts having recused himself) held that for there to be active inducement of infringement by export of...more

Supreme Court Reins in International Supplier Liability under U.S. Patent Law

by Foley & Lardner LLP on

On February 22, 2017, the Supreme Court handed down a unanimous opinion in Life Technologies. Corp. v. Promega Corp., 580 U.S. ___ (2017) (Roberts, C.J., recused), holding that manufacturing and exporting a single component...more

Using Supplier Agreements as Patent Litigation Insurance

by Jackson Walker on

In a recent article written for Today’s General Counsel, patent attorney Wasif Qureshi discusses how customers can lessen risks when sued for patent infringement as a result of using technology obtained from a third party...more

2016’s Top Patent and Trade Secret Developments for Chemistry and Nanotechnology

While 2016 saw several significant IP developments regarding the USPTO claim construction standard and the standard of review of USPTO decisions, the following three developments may have the greatest impact on how in-house...more

FRANCHISEE 101: Locked In to One Approved Vendor

by Lewitt Hackman on

Franchisors often require franchisees to purchase supplies, materials, or inventory only from suppliers the franchisor approved. But where franchisors see benefits of consolidating by requiring franchisees to participate in...more

Contractual compensation scheme in long-term gas supply agreement excludes common law remedies

by Allen & Overy LLP on

Scottish Power UK Plc v BP Exploration Operating Co Ltd & ors [2016] EWCA Civ 1043, 1 November 2016 - The Court of Appeal considered the validity and scope of an industry-standard contractual provision specifying the...more

FAS publishes new clarifications on applying the Retail Law

by Dentons on

On 18 November 2016 the Federal Antimonopoly Service of the Russian Federation (“FAS”) published on its website the last package of clarifications this year to the amendments of the Retai Law1 (the “Clarifications”) which is...more

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