November 30, 2022

Volume XII, Number 334


November 30, 2022

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November 29, 2022

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November 28, 2022

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Foley Manufacturing Update: October 6, 2022

Key Developments

  • The National Association of Manufacturers recently announced a legal victory after a federal judge “vacated the Securities and Exchange Commission’s suspension of a 2020 rule regulating proxy advisory firms.”

  • whitepaper from the Manufacturing Leadership Council examines how global megatrends including sustainability, digitalization, labor shortages and the Internet of Things will impact manufacturing business decisions.

  • The EY 2022 Supply Chain Sustainability Report indicates many senior supply chain executives have long-term sustainability goals, but experience challenges including upfront costs, measuring return on investment, and achieving end-to-end visibility throughout the supply chain.  

  • The KPMG 2022 CEO Outlook found 50% of surveyed CEOs are “pausing or reconsidering their existing or planned ESG efforts over the next six months,” due to concerns about the impact of a potential recession, and 34% have already done so.  The survey also notes 72% of survey respondents believe ESG scrutiny from stakeholders will consider to accelerate.

Smart Manufacturing

  • The White House Office of Science and Technology (OSTP) released a Blueprint for an AI Bill of Rights which includes five non-binding principles to “guide the design, use, and deployment of automated systems to protect the American public in the age of artificial intelligence.” 

Supply Chain

  • A new report from KPMG and the Association for Supply Chain Management predicts the frequency and intensity of supply chain disruptions will persist due to the growing list of market volatility drivers such as disease, geopolitical conflicts, ESG and cybersecurity.   The report accompanies the organizations’ launch of a new Supply Chain Stability Index assessing how various organizations respond to market volatility.

  • A global biopharmaceutical executive quoted in The Wall Street Journal indicated the COVID-19 pandemic highlighted the importance of the pharmaceutical supply chain, and the vaccine rollout will help provide a model for how crucial medicines are developed and distributed in the future.

  • Supply Chain Dive reports a number of leading consumer packaged goods companies have pursued acquisitions as a way to increase manufacturing capacity and mitigate the risk of supply chain disruptions.  The article also notes buyers need to carefully consider a number of factors prior to an acquisition, including facility efficiency and projected demand for certain brands or products.

  • Reduced milk production at U.S. dairy farms and processing plants is leading to cost increases and supply constraints for butter, according to reports in The Wall Street Journal and Supply Chain Dive.

International Trade and National Security

  • revised forecast from the World Trade Organization projects global merchandise trade volumes will increase by 3.5% in 2022, up from a previous estimate of 3%.  However, volumes are predicted to increase by just 1% in 2023, from a previous projection of 3.4%.

  • Reports in The Wall Street Journal and The New York Times indicate the Biden Administration may soon announce new restrictions affecting exports to China for certain types of  semiconductors and semiconductor manufacturing equipment.   A related report on this topic was featured in Reuters last month.  

Sustainability and Product Stewardship

  • The National Association of Manufacturers expressed its support for the U.S. Senate’s decision to ratify an amendment to the 1987 Montreal Protocol which phases down the use of hydrofluorocarbons in favor of more efficient alternatives.

  • Bloomberg Law reports the state of California will prohibit the manufacture, distribution, or sale of cosmetic products (A.B. 2771) containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), and restrict their use in certain categories of textiles (A.B. 1817).

  • According to a recent Gartner survey of supply chain leaders excerpted in Supply Chain Management Review,  nearly three-quarters of respondents expect circular economy principles to boost profitability between now and 2025,  but supply chain organizations are currently applying the principles to less than 20% of their product portfolios on average. 

© 2022 Foley & Lardner LLPNational Law Review, Volume XII, Number 279

About this Author

Carrie Hoffmann, Foley Lardner Law Firm, Dallas, Labor and Employment, Litigation Law Attorney

Carrie Hoffman represents and counsels major employers nationwide in all areas of labor and employment law across a wide range of industries, including retail. Carrie is highly regarded for her experience with wage and hour issues, as well as employment discrimination and retaliation claims. She regularly reviews and drafts employment agreements – such as covenants not to compete – and advises clients on a wide variety of labor and employment issues, such as:

  • Workplace safety

  • Workplace harassment...

Roberta F. Howell, Foley Lardner, Antitrust Lawyer, Supply Chain Attorney

Roberta F. Howell is a partner and business lawyer with Foley & Lardner LLP. Ms. Howell’s practice focuses on distribution-related matters, including litigation and counseling in connection with dealership terminations, antitrust and pricing matters, trade secret misappropriation and non-competition contracts, and automobile dealer/manufacturer relationships. She is co-chair of the Distribution & Franchise Practice. She is also a member of the Antitrust Practice and the Automotive Industry Team as well as the Trade Secret/Noncompete Specialty Practice.

Richard McKenna, Foley Lardner, Patent Lawyer

Richard J. McKenna is an intellectual property lawyer with over 25 years of experience assisting clients in a broad range of intellectual property matters. Mr. McKenna has extensive experience counseling clients in the selection, adoption, use and enforcement of trademarks. His experience is focused on trademark selection and registration, enforcement, advertising review, and protection of trade dress and licensing of these assets. Mr. McKenna has also represented several clients in domain name disputes. 

Eric L. Sophir Patent Attorney Foley and Lardner Washington DC

Eric Sophir is a partner with Foley & Lardner LLP. He is a member of the firm’s Electronics Practice. Eric counsels clients on protecting innovations, gaining market share, the risks and value associated with acquiring, licensing or otherwise commercializing a patent portfolio; resolving patent disputes and monetizing patents. His practice includes patent preparation and prosecution; infringement and validity analysis in patent litigation; licensing and selling; due diligence; clearance and landscape analysis; and post-grant proceedings. He also provides advice on...