dcsimg Supply Chain Management

Supply Chain Management

A supply chain can be state-of-the-art on paper, but if the result isn’t what you need, where you need it, when you need it, it’s impossible (or expensive) to realize key goals.

Whether it’s establishing a pivotal new vendor relationship, signing up a major customer, or introducing new technology into a corporate culture, the terms set with vendors, customers and subcontractors are increasingly more critical and complex.

McGuireWoods’ lawyers bring the depth of experience requisite for analyzing and understanding the details underlying sophisticated contracts. More importantly, we can “translate” the issues, benefits and risks for decision-makers and stakeholders.

Our Approach

Supply chain managers are adroit facilitators who must balance the needs of the business, management, technical and legal teams. We offer unique experience that goes beyond simply supporting supply chain projects. We understand how to work with supply chain people. We appreciate the difficulty that supply chain teams confront in reconciling diverse interests, and we bring extensive experience with helping such teams meet the varied goals of constituents while fulfilling respective mandates.

Our approach means that we can provide business-oriented legal solutions that align with strategic objectives. We work closely with and support client-specific lines of business, contract administrators and in-house attorneys. This methodology provides comprehensive coverage at all times, bench strength for multiple concurrent matters and issues, and flexible staffing to meet experience, time and budgetary needs. Taking this path facilitates the ability to present a united front in dealing with all parties to the transaction, and enables negotiating in a manner consistent with the overall strategic goals of the various and diverse stakeholder groups within the client organization.

Experience

McGuireWoods’ supply chain team works regularly with client in-house legal counsel, supply chain management and core business line across industries, including commercial and industrial products, financial services, healthcare, retail, cable, food and beverage, telecommunications, transportation and energy.

Our international supply chain practice includes lawyers with a subject matter focus across the supply chain product life cycle: process planning, development of boilerplate and other contract terms, negotiation with counterparties, assisting with closing procedures and post-execution follow-up relationship management. For both revenue-generating and vendor-spend agreements, McGuireWoods’ supply chain lawyers have handled structuring, preparing and negotiating the following types of contracts:

  • Procurement and supply chain contracts, including manufacturing, distribution and reseller arrangements, both domestic and cross-border.
  • Sophisticated exclusive arrangements, including requirements contracts (sole source); output contracts (sole user); min/max arrangements and other relationships in which one or both parties are restricted from doing business with third parties, either completely or under specified circumstances.
  • Distribution center development and operations.
  • Raw materials, component and equipment acquisition and disposition.
  • Marketing, advertising, sponsorship, promotion and co-branding arrangements.
  • Independent sales relationships.
  • Technology, outsourcing and in-sourcing, intellectual property development and licensing agreements.
  • Risk management.
  • Confidentiality (e.g. non-disclosure and non-use).
  • Logistics, warehousing and fleet management arrangements, including using web-based implementation and wireless mobilization.
  • Professional services and consulting contracts.

Our supply chain team identifies and corrects risks (gaps and deficiencies) in “lifeblood” contracts in order to strengthen competitive position. We customize a comprehensive evaluation of a suite of contracts, and follow up with suggestions for addressing deficiencies. In addition, we regularly provide in-house training seminars for both counsel and business representatives. Our approach enables clients to address and remedy — or prevent — gaps before problems arise. It also facilitates the ability to anticipate and avoid costly disputes and litigation with vendors and institutional customers.

CONTACTS

C. Andrew Konia Partner T: +1 703 712 5071
Results 1-20 of 28
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

One of the world’s largest online bill pay providers

Representation of one of the world’s largest online bill pay providers in negotiation of a complex multiyear relationship with the manager of its bill pay platform.
Representative Matter

National retailer

Represented national retailer on its operations and logistics agreements for multiple distribution facilities.
Representative Matter

Leader in manufacture, marketing and export of tires

Assisted leader in manufacture, marketing and export of tires in connection with numerous “just-in-time” requirements contracts for multiple facets of business.
Representative Matter

Medical device manufacturer

Represent a medical device manufacturer for whom we handle all development, manufacturing, commercialization, licensing and promotion agreements, including exclusivity agreements, on a worldwide basis, with the greatest volume of work occurring in Europe and the United States.
Representative Matter

Multinational pharmaceutical company

Advised a multinational pharmaceutical company on database rights, data protection and commercial communication issues in relation to use of clinical trials data in Europe and Asia and drafting compliance policies.
Representative Matter

Multinational agri-products company

Regularly represent multinational agri-products company in its worldwide procurement, processing and supply agreements, with the greatest volume of work in this area occurring in the United States and multiple countries in Central and South America, Western Europe, Asia and Africa.
Representative Matter

Multinational defense, security and aerospace company

Represented a multinational defense, security and aerospace company in relation to two major joint ventures with a business process outsourcing, procurement management, information technology outsourcing and HR managed solutions company.
Representative Matter

Worldwide fashion brand

Represented a worldwide fashion brand, in connection with its worldwide leasing, distribution, and franchising agreements.
Representative Matter

Wireless telecommunications providers

Regularly assist wireless telecommunications providers with negotiation of master service agreements and statements of work, litigation management, assisting with product launches, counseling on compliance with PCI data security standards, and assisting with payment processing issues and accounts receivable collections management.
Representative Matter

Welsh Assembly Government

Advised Welsh Assembly Government on public procurement regulations relating to supply chain contracts for schools and hospital equipment in Wales.
Representative Matter

U.S. semiconductor component manufacturer and distributor

Assist U.S. semiconductor component manufacturer and distributor in the negotiation with a Korean purchaser of a min/max contract with comprehensive and interrelated performance requirements linked to purchase requirements.
Representative Matter

Supermarket chain

Representation of a public company operating a regional supermarket chain in negotiations with vendor and institutional customer contracts with software and technology infrastructure providers, pharmaceutical cooperatives, product suppliers and financial services providers; and drafting hedging and swap contracts to maintain stability in raw materials pricing and supply.
Representative Matter

Asian product assembly company

Advised on various toll manufacturing arrangements for product assembly in Asia (China, Hong Kong, and Indonesia).
Representative Matter

Consumer products company

Represented consumer products company in developing suite of template agreements for exclusive OEM supply relationships.
Representative Matter

Cable, high-speed online and digital phone services company

Routinely represent the cable, high-speed online and digital phone services company in the negotiation and drafting of complex commercial contracts, including those related to fiber, equipment supply, procurement and disposition, technology, telecommunications, data center operations, commercial services, subscriber services, promotions, sponsorship and vendor products, functioning as an extension of the client’s in-house legal department.
Representative Matter

Chemical sourcing company

Represented chemical sourcing company in structuring a cross-border “take or pay” arrangement with a multinational chemical conglomerate requiring either the purchase of a minimum of $100 million worth of phosphate or the payment of the balance not purchased up to $100 million.
Representative Matter

International supermarket operator

Represented an international supermarket operator in EMEA segment of global outsourcing of IT infrastructure to a multinational technology and consulting company. Project included BPO arrangements for supply chain management and logistics.
Representative Matter

International port terminal operations and logistics company

Negotiation of numerous domestic and international technology, licensing, consulting services and telecommunications agreements, including outsourcing portions of information technology divisions and frame relay services, technology transfer and acquisition and enterprise licensing for international port terminal operations and logistics company.
Representative Matter

International packaging company

Representation of international packaging company with its complex commercial agreements as well as advertising agreements.
Representative Matter

International food distributor

Representation of international food distributor in the preparation of its supply chain agreements, including those related to distribution, logistics and software and commodity licensing and purchasing.
Results 1-20 of 28
Ayanna K Chance Ayanna K. Chance
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2344
F: +1 704 353 6203
vCard
Patrick A De Ridder Patrick A. De Ridder
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +1 804 775 4369
F: +1 804 698 2221
vCard

T:+44 20 7632 1716
F: +44 20 7632 1638

Emily M McIntosh Emily M. Gerritz
Associate
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5129
F: +1 703 712 5227
vCard
Adam A Grove Adam A. Grove
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8147
F: +1 312 698 4561
vCard
J. Kate Harris Hatcher J. Kate Harris Hatcher
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2239
F: +1 704 444 8811
vCard
Patrick T Horne Patrick T. Horne
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1387
F: +1 804 698 2064
vCard
Matthew A Kapinos Matthew A. Kapinos
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1191
F: +1 804 775 1061
vCard
C. Andrew Konia C. Andrew Konia
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 703 712 5071
F: +1 704 444 8834
vCard

T:+1 704 343 2070
F: +1 704 444 8834

Mark J La Fratta Mark J. La Fratta
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1106
F: +1 804 698 2096
vCard
Lori Beth Morris Lori Elizabeth Morris
Associate
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5621
F: +1 404 443 5680
vCard
John B Pellegrini John B. Pellegrini
Counsel
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7020
F: +1 212 715 2301
vCard
Paul G Porter Paul G. Porter
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 8847
F: +1 704 353 6204
vCard
Lisa A Purvis Lisa A. Purvis
Counsel
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 2636
F: +1 904 360 6354
vCard
Brian D Sorkin Brian D. Sorkin
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1069
F: +1 804 698 2244
vCard
Results 1-3 of 3
Legal Alert

SEC Conflict Minerals Rule Upheld

July 24, 2013
Results 1-3 of 3