Key Considerations for Pricing Disputes

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Among the most common disputes in the manufacturing industry are disputes over price changes.  Most often, such disputes involve a supplier seeking higher prices from its customer.  However, there also are instances in which a buyer seeks price reductions from its suppliers.  These disputes can arise for many reasons, such as increases for raw materials or other costs, programs extending beyond original expectations, or simply through miscalculations in the initial quote.  Whatever the cause, such disputes have existed for as long as the manufacturing supply chain itself.  While many of these disputes are resolved amicably through commercial discussions, they have the potential to destroy long-standing relationships and cause significant disruption to the supply chain.

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Brand Protection: Looking Beyond Trademarks to A Broader Arsenal of Intellectual Property Tools


Manufacturers may assume that protection of their brands can only be achieved through trademark protection of names, logos, and slogans. In fact, a broad arsenal of intellectual property tools is available to ensure that third parties do not infringe a manufacturer’s rights in its brand and products.  This article discusses some of the tools under U.S. law, other than trademark law, that manufacturers should consider as part of their arsenal of brand protection.

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When Even the Regulations Are Bigger in Texas: Limitations on Court Deference


Manufacturers considering operations in Texas may be surprised to discover that, despite the state’s desired reputation as a “light regulation” and “free market” environment, comprehensive regulatory statutes exist for most fields of business and commerce.  Layered on top of these laws are an often voluminous set of regulations promulgated and enforced by multiple state agencies to which the legislature has usually delegated broad regulatory authority.  When a Texas state agency overreaches with rules or statutory interpretations that stretch the boundaries of the authority delegated to them by the legislature, often the only recourse for a regulated entity is to challenge the agency’s rule or interpretation in court.  Traditionally, Texas courts have given significant deference to an agency’s application of its authority.  However, in the past decade, a series of Texas Supreme Court cases have reduced the scope of deference given to state agencies.

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Best Practices for Customers Structuring Directed-Buy Arrangements


This article explores the following topics: (1) What is a directed-buy arrangement? (2) What significant issues exist for a customer in a directed-buy arrangement? and (3) What are the best practices for a customer entering into a directed-buy arrangement?

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Brexit: Dead ... Ahead?

“Brexit” – the United Kingdom’s (“UK”) 2016 voter referendum to exit the European Union (“EU”) has grown from a nagging itch in many people’s sides to a full-blown feeding frenzy. There is now virtually blow-by-blow news coverage of daily developments. Pundits issue editorial warnings of dire economic consequences ahead (particularly for the UK). Savage political cartoons and even “You Tube” videos of UK and EU leaders prancing and dancing to the beat of Mama Mia are every day fodder.

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