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
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Supply Chain Shortages in the Meat and Poultry Industries
With Thanksgiving fast approaching, you have probably heard that there is a turkey shortage1 – brought about by a combination of rising costs for feed and fuel, continued labor shortages, and – if that were not enough –a virulent strain of
Key Terms and Conditions for Buyers and Sellers in the Supply Chain
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
Made in the USA – IRA Tax Credits for Renewable Energy Component Manufacturers
The passage of the Inflation Reduction Act (IRA) this past August saw the introduction of a number of new and expanded tax credits aimed at onshoring American manufacturing. These changes in the tax code represent opportunities for manufacturing within critical
Supply Chain Disruptions Necessitate Better Contracting Practices: Use of AI to Add Efficiency
As we have covered in prior articles of this series, with supply chain disruptions wreaking havoc on the ability of companies to get their goods and services to market, the terms of a company’s commercial contracts have never been more
The SEC Focuses on Supply Chain Disruptions: COVID, Russia-Ukraine Conflict and More
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
Retooling Intellectual Property Strategies to Weather Bear Markets
As economists warn of an imminent economic recession, companies should take the time now to consider their Intellectual Property (IP) strategies and determine how to preserve legal spend while simultaneously adding value to their IP portfolio.
With these considerations in
Three Key Defenses to Contractual Performance: Force Majeure, Commercial Impracticability, and Frustration of Purpose
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
Practical and Legal Considerations for Extending Cash Runway in a Changing Economy
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,
Supply Chain Disruptions in the Energy Industry: Challenges with the Supply of Lithium-ion Batteries
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