A few months ago, I was asked by the U.S. Department of Commerce to join a panel discussion on how to develop relationships with international distributors and representatives.
Most lawyer presentations on this subject begin by suggesting that manufacturers send their international partners one-sided contracts. These contracts focus on legal terms such as consequential damages,…
All manufacturers are generally tired of hearing about supply chain problems. These days companies are looking for ways to mitigate shipping delays (i.e., can we ship to a port other than Long Beach?) and the increased cost for raw materials.
Interestingly, I am starting to see consumer product companies and business-to-business manufacturers use similar language…
This week’s post was co-authored by Robinson+Cole Insurance + Reinsurance Group lawyer Denis J. O’Malley.
When a domestic company starts a relationship with an international partner, choosing the jurisdiction in which any dispute must be litigated in the event of a contract breach may not be top of mind. But a recent decision by the Connecticut Supreme Court illustrates the vital importance of including a forum selection clause in any contract with a foreign company in order to avoid the risk of having to litigate overseas.
Continue Reading Manufacturing Alert: New Court Decision Underscores Importance of Forum Selection Clauses in Contracts
“A supply chain crunch that was meant to be temporary now looks like it will last well into next year as the surging delta variant upends factory production in Asia and disrupts shipping, posing more shocks to the world economy.”
This is the opening paragraph from a recent Bloomberg article entitled “The World Economy’s Supply…
In the past, we have provided some guidance about how to manage supply chain and other business to business disputes.
2020-2021 has been the year of supply chain disruptions and customer disputes. Not all disputes lead to a courtroom – many of them are resolved. However, there are certain practices when it comes to sending…
One of the IndustryWeek articles that always grabs my attention is “Top 10 Most Corrupt Countries of 2021.” Obviously, there is an immediate incentive to check the list and see if you do business (or even can do business) in any of the countries listed.
Leaving the list aside, one trend for manufacturers…
The Wall Street Journal published a story a few days ago that described some of the challenges that exist in the manufacturing supply chain.
“U.S. manufacturers aced the shutdown of their factories and warehouses last spring in response to Covid-19. They’re botching the recovery.
“After carrying out an orderly retreat from assembly lines as the…
Earlier this year, I provided our 2021 Corporate Compliance and Litigation Outlook for Manufacturers. I noted that even though we had been counseling a lot of manufacturers on force majeure events (i.e., the ability to suspend performance) “there has not been a lot of litigation outside of what you hear about in the commercial real…
2021 Corporate Compliance & Litigation Outlook for Manufacturers
In late 2012, we created the Manufacturing Law Blog with the goal of providing our manufacturing clients with a holistic approach to the unique issues facing manufacturers that operate globally. Starting in 2016, we made sure our first three posts of the year are dedicated to providing…
There are a lot of programs from service providers that seek to advise business owners on what to do after they have decided to sell their manufacturing business. I equate it to trying to jump on a ship just as it is entering port.
What happens, however, if you don’t know what to do or,…
