Category Archives: Supply Chain Management

Subscribe to Supply Chain Management RSS Feed

“Individualized Proof of Harm” Required in Robinson-Patman Secondary-Line Claim Prevents Class Certification

On April 7, 2017, the Northern District of California denied class certification to two proposed classes of wholesalers in ABC Distributing, Inc. v. Living Essentials LLC, Case No. 15-cv-02064 NC (N.D. Cal.), a secondary-line Robinson-Patman price discrimination case. Small wholesalers alleged that Living Essentials LLC (Living Essentials), maker of 5-Hour ENERGY® drinks, was giving preferential … Continue reading this entry

Sustainability Reporting Trends in the New Year – ’16 going on ‘17

If you’re feeling uncertain or confused about the future of sustainability reporting in the United States, you’re not alone. With the business world’s adoption of sustainability reports moving full steam ahead—and increasing hunger for such information and transparency from global consumers and investors—the new Trump administration is going in a completely different direction. This blog … Continue reading this entry

NAFTA Under the New Trump Administration

The election of Mr. Trump as the President of the United States has created considerable uncertainty regarding the U.S. investment climate. Chief among these uncertainties is the status of the North American Free Trade Agreement (NAFTA), which President-Elect Trump repeatedly attacked for leading to the loss of U.S. manufacturing jobs. President-Elect Trump has vowed to renegotiate the … Continue reading this entry

Enjoy Your Labor Day!

The Manufacturing Industry Advisor team wishes you a safe and happy holiday weekend. We’ll be back to our regular posting soon. Thanks for your continued support of our blog!  … Continue reading this entry

Weathering the (Winter) Storm

Extreme winter weather can cause serious problems. For children, winter weather often means snow days and an escape from the confines of the classroom. For manufacturers, heavy snow and ice can mean absent workers, power outages, and supply shipments that do not arrive. In many lean manufacturing industries, there is little or no margin in the supply … Continue reading this entry

China's “RoHS 2” Regulation: What Manufacturers Must Know

After years of deliberation and industry anticipation, China’s Ministry of Industry and Information Technology (“MIIT”) promulgated the “RoHS 2” regulation on January 21, 2016, with the formal (translated) title “Management Methods for the Restriction of the Use of Hazardous Substances in Electrical and Electronic Products.” See our English reference translation of RoHS 2 here.… Continue reading this entry

Top Counterfeiting Risks Manufacturers Face in 2016

Ten Tips to Develop a Practical Conflict Minerals Approach for 2014
The global market for all counterfeit items is booming, with the value of goods seized by U.S. Customs and Border Protection in fiscal year 2014 exceeding $1.2 billion. Moreover, the U.S. Department of Homeland Security reported that the number and value of seizures of counterfeit automotive parts increased by 83 percent and 66 percent, respectively, … Continue reading this entry

Happy Thanksgiving from the Manufacturing Industry Advisor Team

During this week of Thanksgiving, the Manufacturing Industry Advisor team wishes to thank all of you for reading, contributing to, and sharing our blog. Since this is a busy time of year for everyone, some of you might have missed a post or two over the last few weeks. For your convenience, linked below are some of our most recent and popular posts. … Continue reading this entry

Looking Back and Looking Forward on Manufacturing Day

Happy Manufacturing Day! On the first Friday of October, we celebrate advances in modern manufacturing while inspiring future generations of manufacturers. Click here to find an MFG event near you.… Continue reading this entry

Business Interruption Insurance: Why You Need It and How You Can Maximize Your Coverage

In his recent blog post on disaster planning for businesses, Foley associate Nicholas E. Williams noted: “Business interruption insurance, which covers the loss of income suffered by a business after a disaster, plays an important part in disaster planning.” In fact, it can be as important to a manufacturer’s survival as fire insurance. While most … Continue reading this entry

Legal Considerations in Businesses’ Disaster Planning

In the last decade, Disaster Recovery (“DR”) and Business Continuity Planning (“BCP”) have become “hot” topics, as companies attempt to deal with disasters and the associated business risks. “Force majeure” is a legal concept that excuses a party’s performance under a contract on account of wide-scale, unpredictable, and devastating events, such as hurricanes, wars, national … Continue reading this entry

Monitor Financial Distress in Your Supply Chain

SupplyChainManagement
While American manufacturing has experienced a resurgence in recent years, some manufacturers continue to face challenges. Witness for example the recent chapter 11 filings of Colt, Boomerang Tube, and Everyware Global. Sometimes, manufacturers struggle because a supply chain partner—a major supplier or customer—is struggling. In order to manage supply chain contracts, manufacturers need to watch … Continue reading this entry

Closing a Facility? Dig Deep to Avoid Contractual Issues

When closing a facility, the legal issues that most often come to mind are terminating a lease or selling the asset(s). However, those are just the tip of the iceberg. From below the surface, potential problems may arise out of contracts seemingly outside the facility closure’s scope. Regardless of the reason, myriad legal considerations accompany … Continue reading this entry

Are You a Government Subcontractor?

Ten Tips to Develop a Practical Conflict Minerals Approach for 2014
Just because your company does not contract directly with the government does not necessarily mean you are not subject to the many requirements associated with government contractors. Those who provide goods and services to OEMs, or other customers who sell to the government, may also be subject to those requirements. Many government contractors incorporate by … Continue reading this entry

“Forewarned Is Forearmed” - The Rise of Chinese Data-Flow Restrictions

Manufacturers with operations, employees, and/or customers in China must be aware of a long list of China-specific data-flow and content restrictions. Data-flow restrictions in particular affect manufacturers employing or launching mobile apps and other IT initiatives, both internal and external. Manufacturers must be very sensitive to China’s rules and guidelines restricting data flow, as these … Continue reading this entry

China Proposes New Restriction of Hazardous Substance (“RoHS”) Requirements for Electronics Manufacturers

Do you manufacture electrical and electronic products, parts or components? Do you manage manufacturing design for such products? Do you oversee Chinese suppliers manufacturing such products? If so, you need to follow Restriction of Hazardous Substance (RoHS) developments closely for possible future changes to product content restrictions in China. Earlier this week, on May 18, 2015, … Continue reading this entry

E-Commerce’s Hidden Legal Issues

Manage Your Risks Along the Supply Chain While Obtaining All You Want
Less than 25 years ago, e-commerce was something not far removed from the stuff of science fiction. Today, it annually accounts for trillions of dollars in global sales. But, you should know, e-commerce presents legal issues that should be addressed before jumping headlong into the internet marketplace. If you aren’t already selling your products to … Continue reading this entry

Making the FCPA “Reasonable”— Exceptions and Affirmative Defenses

So, we have covered the Foreign Corrupt Practices Act’s (FCPA) scope, but the FCPA anti-bribery provisions also contain certain exceptions and affirmative defenses. These exceptions and affirmative defenses attempt to carve out legitimate payments to foreign officials, so the FCPA does not unreasonably hamper international business. Be wary, however, because prosecutors narrowly interpret these exceptions … Continue reading this entry

Buying Someone Else’s Headache – Top Five Supply Chain Pitfalls to Consider When Expanding Through Acquisition

Manage Your Risks Along the Supply Chain While Obtaining All You Want
As the economic recovery continues to pick up steam, manufacturers are looking to grow their capacity and expand their markets. Many manufacturers choose to expand their horizons by acquiring smaller companies or merging with a competitor. When properly planned and executed, such transactions can bring great economic rewards. However, when the risks inherent in such … Continue reading this entry

Peeking Behind the Curtain: Macroeconomic Insight Into Manufacturing

Last week, Dr. Chad Moutray, Chief Economist for the National Association of Manufacturers (“NAM”), visited Foley & Lardner’s Chicago office and shared a macroeconomic update on the manufacturing industry. His comments and charts (he’s an economist, of course he had charts) provided insight into the current state and bright future of American manufacturing. NAM’s membership … Continue reading this entry

Manufacturing on the Rise in Florida

When one thinks of business in Florida, most think of tourism — amusement parks, fishing, golf, and beaches — or Florida’s world-famous citrus — oranges, grapefruits, and strawberries. Perhaps Florida’s best kept secret: Florida’s manufacturing sector is surging forward. In recent years, Floridians have become accustomed to Governor Rick Scott announcing manufacturing jobs being created … Continue reading this entry

The FCPA Mandate in a Nutshell

Manage Your Risks Along the Supply Chain While Obtaining All You Want
The consequences of an investigation into bribery allegations can be tricky for any manufacturing company, so it’s important to understand the U.S. anti-bribery provisions. As discussed in our Foreign Corrupt Practices Act (“FCPA”) overview, manufacturers participating in international business must be mindful of this federal law. Though many are aware of the FCPA, some do … Continue reading this entry

Regulation of Chemicals in Consumer Products on the Rise

In recent years, manufacturers have seen a marked increase in state regulation of chemicals in consumer products. While the regulation of hazardous and toxic chemicals in consumer products is certainly not a new concept, particularly on the federal level, the proliferation of state regulation creates many new regulatory burdens and potential pitfalls that manufacturers must … Continue reading this entry

Made in the USA! Reshoring Children’s Products

For all expecting and new parents, you probably have learned how quickly buying your child’s products adds up! So why would you be willing to pay more for an American-made product when you could purchase a similar product or even the “same” product, produced overseas, for half the cost? To answer this question, you should … Continue reading this entry