The Michigan Supreme Court had a chance to address a question that matters across the automotive supply chain: when does a purchase order, blanket agreement, or long-term supply arrangement create an enforceable requirements contract under Michigan law? But in FCA US LLC v Kamax Inc., ___ Mich App ___ (2025) (Docket No. 371234), appeal dismissed, ___ Mich ___ (Apr. 22, 2026) (Docket No. 168680), the Court did not reach the merits. After the parties settled, the Court vacated

In closely held family companies, intellectual property is often treated as a shared asset in much the same way as reputation or customer relationships. That works until it doesn't. When relationships shift, whether through succession, disagreement, divorce, or a potential sale, the question of who actually owns the company’s core intellectual property becomes determinative. At that point, informal understandings give way to formal rights, and many businesses discover that ow

In the automotive supply chain, forecasts are everywhere and commitments are rare. Tier 1 suppliers are routinely asked to plan production, secure materials, and invest in capacity based on projections that are expressly non-binding. When those forecasts shift, often with little notice, the financial consequences fall almost entirely on the supplier. This imbalance is not new, but it has become more acute. Electrification timelines continue to move. Consumer demand remains un

Other Transaction Authority (OTA) agreements have become a central tool for the Department of Defense to engage non-traditional contractors, particularly in areas such as advanced manufacturing, materials, and rapid prototyping. Whether the program sits with the Navy, the Army, or the Air Force, these arrangements allow prime contractors to access capabilities that would otherwise fall outside the traditional defense industrial base. When those collaborations succeed, a predi

Recent reporting described tension between the U.S. Department of Defense and AI developer Anthropic over how advanced artificial intelligence systems could be used within defense environments. The episode did not result in litigation, but it highlights a broader issue: federal procurement frameworks are still catching up to the realities of modern AI technology. The Disagreement That Sparked the Discussion According to reports, the disagreement emerged during discussions abo

As the calendar winds down, most businesses are focused on closing the books and planning for the next fiscal year. But one often-overlooked task can yield some of the best strategic value—an intellectual property (IP) audit. Whether your company builds software, manufactures components for jet engines, or delivers professional services, your IP is likely one of your most valuable assets. A year-end audit ensures that these assets are properly aligned with your busines goals

Intellectual property (IP) plays a central role in driving innovation for cleaner energy, eco-friendly products, and green technologies. For businesses looking to grow in this evolving market, structure your IP agreements to maximize revenue and sustainability. The Rise of Green Innovation Governments, investors, and consumers are pushing companies to develop technologies that reduce carbon emissions, conserve resources, and promote sustainability. From renewable energy syste

For small, advanced manufacturing businesses supplying both automotive and aerospace industries, trade secrets are often a competitive edge. But if you work with Department of Defense (DoD) aerospace clients, the bar has just been raised. The DoD’s new 2025 Intellectual Property Guidebook for Acquisition, released in May 2025, underscores that managing IP—especially trade secrets and data rights—is now a critical part of contract performance. Here’s how small manufacturers ca

Defense contractors modifying commercial products to meet specific U.S. military requirements face challenges preserving the product’s classification as a “commercial item” under FAR 2.101—especially when the modified version is purchased only by NAVAIR (Naval Air Systems Command) and the U.S. Air Force (USAF). Here's a strategy to meet the challenge. Why Commercial Item Classification Matters The benefits of retaining commercial item status are substantial: FAR Part 12 strea

In a competitive business landscape, protecting your company's assets and intellectual property is paramount. Non-Compete Agreements remain a useful tool in this endeavor. The Federal Trade Commission (FTC) issued a rule that has been publicized as banning non-competes. Litigation ensued. A Texas court found that the FTC exceeded its authority and blocked the rule. The FTC has appealed, and its brief is due in early 2025. There is no Final Word at the moment. So what are yo

Understanding complex business contracts is critical for any company to ensure their operations run smoothly and avoid disruptions in the supply chain. Business contracts define the responsibilities, rights, and remedies available to all parties involved. Here’s why understanding the details is important: Risk Mitigation: Properly drafted contracts help mitigate risks by clearly outlining the scope of work, delivery timelines, payment terms, and dispute resolution mechanisms.

Operating agreements serve as the backbone of limited liability companies (LLCs), defining the structure and operation of the business. Well drafted, comprehensive operating agreements protect your business interests and prevent future disputes. The Importance of an Operating Agreement Operating Agreements are crucial for several reasons: Legal Protection: They provide a clear structure for your business, which is essential for legal protection and internal governance. Confli

In today's fast-paced digital world, safeguarding your company’s confidential intellectual property (IP) from unauthorized disclosure is crucial. NDAs Matter in the Digital Age More Than Ever Solid non-disclosure agreements (NDAs) are useful to tech companies because: Digitally-Stored Data Is Easy to Trasmit: Contractors, vendors, and other third parties who have legitimate access to IP may eventually turn on you and become hostile. If they copied confidential IP on a thumb