Supply Chain

Service Areas

• Contract Drafting and Negotiation: Supply chains involve numerous contracts between businesses, suppliers, and third-party service providers. These contracts should be handled in a coordinated fashion, and our attorneys take that approach in helping to structure supplier agreements, distribution contracts, service-level agreements, procurement terms, and more. We help to minimize inconsistencies and risks that could arise in the agreements that form the lifeblood of the supply chain.

• Antitrust: Cooperation and collaboration in the supply chain environment is key, whether that involves a supply contract, a joint venture, a merger or acquisition, working together regarding sustainability or environmental goals, or even simply sharing information in times of scarcity. While cooperation and collaboration are positive things, they can expose companies to antitrust risk. Our attorneys work with clients to help navigate, understand, and comply with antitrust laws and regulations arising in the supply chain environment.

• Cybersecurity and Data Privacy: As supply chains increasingly rely on digital platforms, data protection becomes a critical concern. Businesses need to comply with data privacy laws and protect sensitive customer and supplier information from cyber threats. We understand and help clients comply with data privacy laws and regulations, planning and developing organization-wide data security plans, and planning for and responding to security breaches.

• Corporate Sustainability and Risk Management: Global supply chains are vulnerable to unethical practices, which might include bribery and corruption in violation of the U.S. Foreign Corrupt Practices Act (FCPA) and similar laws; child and forced labor; unsafe working conditions; and environmentally unsound and unsustainable sourcing practices. These practices are increasingly important for investors, consumers, government regulators, or others who may scrutinize these, and other practices, throughout a company’s supply chain. Our attorneys can evaluate these aspects of your company’s supply chain and help to develop practices that balance the company’s sustainability goals, legal responsibilities, and reputational concerns.

• Government Contracts: Frequently, supply chains end with or otherwise touch government entities. We work with local, state, and federal agencies on contracts and grants from initial bid to the contract award, protests related to the award or contract terms, contract administration, and work through suspension and debarment issues to termination and closeout.

• Intellectual Property (IP): Supply chains may involve sharing proprietary information, designs, and technologies. The risk of intellectual property theft, counterfeiting, or infringement increases, especially when sourcing products or components from global suppliers with differing IP protection standards. We help protect patents, trademarks, copyrights, and trade secrets, assist with meeting regulatory advertising requirements, and provide support with trademark and copyright registration.

• Labor & Employment: Supply chains include the people adding value to the goods and services companies provide. Our attorneys help clients comply with labor laws including the Fair Labor Standards Act (FLSA), Occupational Safety and Health Administration (OSHA) regulations and investigations, and provide advice with employment contracts, and claims of discrimination.

• Products Liability/Emerging Contaminants: Companies are legally responsible for the safety of their products. If a product defect occurs within the supply chain, manufacturers, distributors, and suppliers could be held liable for injuries or product damages caused by the product, leading to lawsuits, recalls, or reputational harm. We defend our clients against product liability and other claims associated with alleged product defects. We also have a team of attorneys who are experienced with emerging contaminants such as PFAS and microplastics, which are new product safety risks across industries.

• Regulatory Compliance: Companies must comply with an array of local, national, and international regulations, such as trade laws, tariffs, import/export restrictions, environmental laws, and labor standards. Non-compliance can lead to fines, penalties, or other restrictions. Our attorneys are well-versed with environmental laws and regulations as well as with the regulatory laws that govern imports and exports in international supply chains, including those governed by federal agencies such as the U.S. Department of Transportation (DOT).

• Force Majeure and Supply Chain Disruption: Unforeseen events like natural disasters, pandemics, or political instability can disrupt supply chains. Our attorneys not only handle these issues after-the-fact but also assist clients in developing policies and programs that allow companies to prepare for and respond to force majeure in a routine and thoughtful way.

• Litigation and Dispute Resolution: Even the best relationships can sour, and even the best laid plans are not without risk. Litigation and disputes can arise at any point along the supply chain and can involve suppliers, customers, third-party vendors, government entities, non-profits, or some combination of these. These can be as simple as collections disputes or can be as complex as an injunction to keep a supply chain going or even litigation involving mass toxic tort. No matter the size or complexity, our attorneys are equipped to handle every type of dispute and recognize that cost control and time are critical factors when it comes to resolving cases quickly and efficiently.