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Litigation and Alternative Dispute Resolution

Manufacturer's Corner: Implied Warranties, Part 5

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

We’re going to take a brief detour from our implied warranty roadmap to elaborate on our previous installment of this series, addressing disclaiming implied warranties. Although we want to impress upon you (once again) the importance of disclaiming implied warranties, we also think it is important to make clear some things that your disclaimer may not be able to do for you...


Manufacturer's Corner: Implied Warranties, Part 4

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

In each of Parts 1, 2, and 3 of this series on implied warranties, we urged you to disclaim your implied warranties, and promised that we would soon tell you how. In this post, we make good on that promise...


Manufacturer's Corner: SEC's Final Rule on Conflict Minerals Partially Stricken by D.C. Circuit

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

We break from our ongoing series on implied warranties to notify you of a recent opinion by the U.S. Court of Appeals for the District of Columbia Circuit. We will resume our regular series shortly.

In 2010, Congress tasked the SEC with imposing disclosure requirements on reporting company manufacturers[1] if so-called “conflict minerals”[2] are “necessary to the functionality or production of [their] product[s].”..


The Heartbleed Paradox

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

Data breaches have been big news lately. Hot on the heels of revelations by major retailers that hackers were able to obtain personal information about their customers, a vulnerability in Open SSL was made public on April 7. The vulnerability, known colloquially as Heartbleed,[1] allowed easy access to sensitive information held by a host of major companies, including customer passwords. The Washington Post has a useful primer on the bug...


Manufacturer's Corner: Implied Warranties, Part 3

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

After a brief detour, we now resume our series on implied warranties. So far, we have discussed the implied warranty of merchantability and the unenumerated implied warranties that may be imposed by course of dealing or usage of trade. We now turn to the implied warranty of fitness for a particular purpose. This is an important one, because it examines not only how your product should perform as a general matter, but how the product should perform with respect to specific customers...


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