Manufacturing Industry Advisor

The international trade and regulatory environment never has been more difficult for multinational corporations to navigate. For companies that operate, source from, or sell goods, software, or services across borders, legal complexities abound. International trade wars, rapidly changing export control and economic sanctions requirements, increasingly stringent anticorruption requirements, and many other international trade and regulatory

The ever-resilient manufacturing sector has been bruised (and some might say battered) in recent years, through the pandemic, raw material shortages, increased labor costs, rising interest rates, and Russia’s war against Ukraine. Below are the three likely disruptors manufacturers face at the outset of 2023, and tips for surviving (or even thriving) in the face

President Biden has repeatedly discussed the need to onshore or re-shore U.S. manufacturing to improve national security and competitiveness.  The war in Ukraine and worldwide supply chain issues created by the COVID-19 pandemic have underscored the need to reduce U.S. dependence on foreign manufacturing.  In response to these calls for action, Congress recently passed the

Over the last two years, the widespread shortages, stoppages, and other disruptions affecting much of the global supply chain have led manufacturers, suppliers, and buyers alike to examine their contract terms for an available excuse for nonperformance. Contract parties have focused in particular on any applicable force majeure clauses. When such provisions have been absent

Commercial forms – such as quotations, purchase orders and invoices – and associated terms and conditions are ubiquitous in the supply chain and often the only contract that exists between a buyer and seller. When used correctly, these forms operate as an efficient way of documenting the parties’ understanding regarding their agreement, thus avoiding the

As public companies across the economic spectrum strive to overcome the supply chain disruptions drastically affecting revenue and profitability, they must not lose sight of how these disruptions impact their disclosure obligations under federal securities laws. The Securities and Exchange Commission (SEC) has demonstrated particular interest in this topic by issuing broad guidelines in recent

With disruptions affecting every aspect of the supply chain, companies are increasingly encountering legal arguments offered to justify a failure to meet supply obligations. This article in the Supply Chain Disruption Series provides a concise summary of the three legal theories frequently invoked to excuse nonperformance of contractual duties.
Force Majeure
The concept of

The funding environment for emerging companies has fundamentally shifted in 2022 for both venture capital and IPOs, particularly after a banner year in 2021. Whether these headwinds suggest significant economic changes or a return to previous valuation levels, companies need to be realistic about adapting their business processes to ensure they have sufficient

With the push toward clean energy and increased demand for electric vehicles, manufacturers need batteries — specifically lithium-ion batteries — more than ever. Examples of the accelerating transition to battery powered vehicles are everywhere: the United States Postal Service announced at least 40% of its Next Generation Delivery Vehicles and other commercial vehicles will be