The laws surrounding supply chain management are well-established but increased competition, particularly from international manufacturers and suppliers, and cost-effective third-party outsourcing have impacted the nature of these relationships in recent years. Add to the mix the growing customer demands for supplier responsibility – and liability, and you have proverbial climate change in the world of supply chain management.
We have been supply chain management counsel for a variety of industries over the years, including technology, aviation, electronics manufacturing, satellite and telecommunications, food and beverage, and hospitality. We have worked alongside our clients through the changing nature of their strategic alliances, intellectual property issues, global logistics and contract management needs. Some issues cut across industries, some are industry-specific. While our years of experience with the many phases of the supply chain lifecycle helps us to understand the different pressure points for different industries; we recognize that above all else, building and protecting strategic relationships are what’s most important.
Our attorneys can help you develop successful supply chain relationships, assist in risk mitigation and disaster recovery plans related to supply chain relationships, and structure contractual relationships with process safeguards to reduce the risk of disputes with arrangements including:
- Procurement and supply chain contracts, domestic and international, including development, prototype and production manufacturing, buffer inventory agreements, distribution and reseller arrangements.
- Sophisticated supply arrangements, including exclusive requirements contracts (sole source) and output contracts (sole user) including buy-back, quantity-flexible and various minimum/ maximum terms, and where either or both parties are restricted from similar business with third parties.
- Warranty and extended warranty agreements.
- Repair center agreements with service level commitments.
- Raw materials, component, tooling and equipment acquisition, bailments and consignment, and disposition.
- Intellectual property development and licensing agreements.
- Trade secret, confidentiality, and restrictive covenant agreements with developers and suppliers.
- Logistics arrangements including warehousing, distribution and delivery arrangements.
Think about the many phases of your supply chain lifecycle – supply chain planning, development of supply relationship system, templates and standard terms and conditions, negotiation with suppliers, relationship closing and post-execution relationship management issues… where should risk mitigation be implemented to ensure that your supply chain can withstand disruptions?