News & Analysis as of

Supply Contracts

Baker Botts L.L.P.

EU Methane Regulation: A problem for the LNG industry?

Baker Botts L.L.P. on

On 15 July 2024, “Regulation (EU) 2024/1787 of the European Parliament and of the Council of 13 June 2024 on the reduction of methane emissions in the energy sector and amending Regulation (EU) 2019/942” (the “EU Methane...more

Fisher Phillips

Federal Contractors Should Review OFCCP’s Latest Audit Scheduling List and Execute This 7-Step Plan if You’ve Been Selected

Fisher Phillips on

The Office of Federal Contract Compliance Programs (OFCCP) just released its 2024 Corporate Scheduling Announcement List (CSAL), which identified 500 establishments of supply and service contractors that have been selected...more

DCI Consulting

[Webinar] OFCCP Releases New CSAL: What Contractors Can Expect - June 18th, 2:00 pm - 2:30 pm EDT

DCI Consulting on

On Friday, June 7th, the Office of Federal Contractor Compliance Programs (OFCCP) published a new Corporate Scheduling Announcement List (CSAL). This list includes 500 supply and service contractor establishments that will be...more

Bennett Jones LLP

A Clarified Approach to Exclusion Clauses in Contracts for Sale of Goods

Bennett Jones LLP on

Exclusion clauses are a common feature of agreements of purchase and sale and other commercial contracts. While often subject to negotiation, parties sometimes proceed with standard form exclusion clauses that may inject...more

Stikeman Elliott LLP

Interpreting Exclusion Clauses in Contracts for the Sale of Goods: Important Guidance from the Supreme Court of Canada

Stikeman Elliott LLP on

On May 31, 2024, the Supreme Court of Canada released its highly anticipated decision in Earthco Soil Mixtures Inc. v. Pine Valley Enterprises Inc., 2024 SCC 20 (“Pine Valley”), clarifying how contracting parties can exclude...more

Quarles & Brady LLP

MSSC v. Airboss Continues to Roil Automotive Supply Markets —  Sixth Circuit Reverses Preliminary Injunction Ordering Auto...

Quarles & Brady LLP on

Relying on a recent Michigan Supreme Court opinion, the Sixth Circuit Court of Appeals recently reversed a preliminary injunction requiring an auto supplier to supply products, holding that the parties’ purchase order...more

Warner Norcross + Judd

Trial Courts Begin to Address Major Supply Chain Contracting Questions with Differing Outcomes

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Following the Michigan Supreme Court’s landmark decision in MSSC, Inc. v. AirBoss Flexible Products Co., 511 Mich. 176 (2023), in which Warner represented the prevailing party, many businesses have been re-examining whether...more

Linda Liu & Partners

How Do Trademark Registrants for OEM Production Respond to Cancellation based on Non-use for 3 Consecutive Years?

Linda Liu & Partners on

In recent years, the number of cancellations based on non-use of trademarks for 3 consecutive years has increased year by year. When submitting use evidence to the CNIPA in response to the cancellation, there is a situation...more

Warner Norcross + Judd

Less Than a Year After AirBoss, Federal Appeals Court Faces New Case with Potentially Far-reaching Implications for Suppliers

Warner Norcross + Judd on

As this blog previously reported, the Michigan Supreme Court recently issued a landmark decision in MSSC, Inc. v. AirBoss Flexible Prods. Co. Warner represented the prevailing party, AirBoss. In that case, the court held that...more

BCLP

Fair Payment Practices: Recent Developments

BCLP on

In this Insight, first published in PLC, Jennifer Badham discusses various attempts to address late payments and long payment terms that are a common problem in construction industry supply chains, including two recent...more

Williams Mullen

What to Do if Your Suppliers Are in Distress - Is It Time to Find a New Supplier?

Williams Mullen on

In our What to Do if Your Suppliers Are in Distress video series, we describe how to identify your critical suppliers that might be in jeopardy, provide suggestions on how you can help them, and share how you can protect your...more

Quarles & Brady LLP

Supply Chain Survival Series: Acceptance, Rejection, Revocation of Acceptance, and Right to Cure (Article #11)

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In our previous articles in the Supply Chain Survival Series, we discussed when a party’s failure to perform may (or may not) be excused by a contractual force majeure provision or by the common law doctrines of...more

Gray Reed

Winter Storm Uri – No Summary Judgment This Time

Gray Reed on

Unit Petroleum Company v. Koch Energy Services, LLC is another force majeure case arising out of winter storm Uri. Unlike a similar case, summary judgment was denied because, said the United States District Court, The word...more

Seyfarth Shaw LLP

Supplier Diversity Programs Face Increased Scrutiny and Risk as the Spotlight Brightens on Corporate DEI Initiatives

Seyfarth Shaw LLP on

Seyfarth Synopsis: While the potential impact on private companies’ employee-focused DEI efforts has received much attention in the wake of the recent Supreme Court higher education affirmative action cases, another strategic...more

Harris Beach PLLC

New York Requires Energy Brokers and Consultants to Register with the State; may Impact Building Owners

Harris Beach PLLC on

The New York State Public Service Commission recently implemented Public Service Law § 66-t, which requires energy brokers and consultants to register with the Department of Public Service and disclose certain fees to...more

Carlton Fields

Fifth Circuit Affirms Denial of Arbitration, Rejects Arbitration Provisions in “Battle of the Forms” Between Buyer and Seller in...

Carlton Fields on

The case involved the sale of mist eliminators (demisters) from MECS Inc. to Axiall Canada Inc., an owner of a Canadian manufacturing facility. A key issue involved the terms of the parties’ contractual relationship as formed...more

Quarles & Brady LLP

Judicial Guidance on the Use of Framework Agreements and Blanket Purchase Orders

Quarles & Brady LLP on

It is quite common in the automotive manufacturing industry for supply contracts to use framework agreements or blanket purchase orders extending over a certain period of time or for the lifetime of the product line. The...more

Warner Norcross + Judd

Michigan Supreme Court Rules in Favor of AirBoss in Landmark Auto Supplier Case

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MSSC, Inc. v. AirBoss Flexible Prods. Co. is the first case to interpret a key provision of the Uniform Commercial Code in nearly 40 years – and one that will reverberate for suppliers up and down the supply chain. The...more

Warner Norcross + Judd

Ahead of the Curve Auto Supplier - What Type of Contract Did You Enter Into? Hybrid Automotive Supplier Contracts and the...

Warner Norcross + Judd on

Automotive supply contracts usually involve either the sale of goods or the provision of services. For that reason, determining what law applies to such contracts is often pretty simple — the Uniform Commercial Code (UCC)...more

Gray Reed

More Force Majeure Fallout From Uri

Gray Reed on

MIECO, LLC v. Pioneer Natural Resources presented a challenge to a force majeure defense in a dispute arising from Winter Storm Uri. The defense carried the day....more

Eversheds Sutherland (US) LLP

Why a decision out of Texas might have changed what qualifies as a force majeure event

MIECO LLC v. Pioneer Nat. Res. USA, Inc. - May a seller of energy invoke force majeure to excuse its non-performance under a delivery contract – a contract that obligates the seller to deliver a particular quantity of...more

Eversheds Sutherland (US) LLP

Services ban and EU import ban come into effect for seaborne Russian petroleum products

On February 5, 2023, the G7 announced that the “price cap” on western-backed seaborne trades of Russian-origin petroleum products to third countries would be set at $45 per barrel ($45/bbl) for Discount to Crude petroleum...more

Warner Norcross + Judd

Ahead of the Curve Auto Supplier - Time to Go to Court? Part II

When negotiating supply contracts, the logistics of possible future litigation may not be top of mind. No one wants to talk about the details of their divorce while they are still in the honeymoon stage. And while the topic...more

DCI Consulting

OFCCP Proposed Scheduling Letter Series Part 1/5: Paperwork Reduction Act Primer

DCI Consulting on

On November 20, 2022, the Office of Federal Contract Compliance Programs (OFCCP) published proposed changes to its Supply & Service scheduling letter and itemized listing. Over the next few weeks, DCI will provide a series of...more

Kaufman & Canoles

Commercial Client Alert – People’s Republic of China’s COVID Policies

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The infamous “zero-Covid policies” of the People’s Republic of China (PRC), the most severe of which were enacted in 2020, have had enormous impact on the global economy and supply chains. The government-imposed restrictions...more

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