“A supply chain crunch that was meant to be temporary now looks like it will last well into next year as the surging delta variant upends factory production in Asia and disrupts shipping, posing more shocks to the world economy.”

This is the opening paragraph from a recent Bloomberg article entitled “The World Economy’s Supply Chain Problem Keeps Getting Worse.”

Many of our manufacturing clients are facing shortages of all types along with the significant increase for raw materials. The Bloomberg article also reports the significant increases in cost just to ship products as the article notes that the cost of sending a container from Asia to Europe has increased 10 times since May 2020 and from Shanghai to Los Angeles has increased six-fold.

From a legal perspective, many of our clients are scrutinizing their contracts of all types, including their force majeure clauses. The force majeure discussion has changed over time.

In 2020, there was a lot of discussion about companies claiming force majeure due to the decrease in OEM and/or customer business. In 2021, there has been significant discussion about whether suppliers can fulfill orders due to the inability to obtain materials that have never posed a challenge in the past. There is no sign that these supply chain issues are going to subside anytime soon.

Photo of Jeffrey White Jeffrey White

I am a partner at Robinson+Cole who handles corporate compliance and litigation matters for both domestic and international manufacturers and distributors that make and ship products around the world. My clients have ranged from publicly traded Fortune 500 companies to privately held and/or…

I am a partner at Robinson+Cole who handles corporate compliance and litigation matters for both domestic and international manufacturers and distributors that make and ship products around the world. My clients have ranged from publicly traded Fortune 500 companies to privately held and/or family owned manufacturers. For those looking for my detailed law firm bio, click here.

I am often asked why I have focused a large part of my law practice on counseling manufacturers and distributors. As with most things in life, the answer to that question is tied back to experiences I had well before I became a lawyer. My grandfather spent over 30 years working at a steel mill (Detroit Steel Company), including several years in its maintenance department. One of my grandfather’s prime job duties was to make sure that the equipment being used was safe. In his later years, he would apply those lessons learned in every project we did together as he passed on to me his great respect and pride for the manufacturing industry.

Because of these experiences, I not only feel comfortable advising executives in a boardroom, but also can easily transition to the factory floor. My experience has involved a range of industries, including aerospace and defense, chemicals, energy, pharmaceuticals and life sciences, nutritional and dietary supplements, and retail and consumer products. While I have extensive experience in litigation (including product liability and class actions), I am extremely proactive about trying to keep my clients out of the courtroom if at all possible. Specifically, I have counseled manufacturers and distributors on issues such as product labeling and warranties, product recalls, workplace safety/OSHA, anti-trust, and vendor relations, among other things. I always look for the business-friendly solution to a problem that may face a manufacturer or distributor and I hope this blog will help advance those efforts.