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Recovering Lost Value in the Private Label Supply Chain

Monday, December 14, 2020
Arnold & Porter Webinar-of-the-Month Club for Retailers

Every retailer's profitability depends in part on the reliable performance of its supply chain. This relationship is especially vital in the private label context where supplier productivity and efficiency are essential to success. If any supplier in the private label supply chain underperforms or breaches its contractual obligations, the result can be increased expense or lost revenue that is too often viewed as just "the cost of doing business."

This webinar will address how retailers can better take advantage of the buyer-friendly—but often opaque—principles underpinning Article 2 of the Uniform Commercial Code to help recover lost value in the supply chain.


Nuts and bolts of Article 2 relevant to retailers, including some of the most hotly-contested (and commonly misunderstood) concepts:

  • Express and implied warranties 
  • Contract formation issues (e.g., “battle of forms” where there are competing terms and conditions or other
    contractual terms)
  • Course of performance / course of dealing / usage of trade
  •  “Gap filling” provisions
  •  Notice requirements
  •  Implied duties of good faith and fair dealing
  •  Waiver issues
  •  Commercial reasonableness
  •  Availability of incidental and consequential damage
  •  Failure of a remedy’s essential purpose

Meet the Speakers

John F. Hagan, Jr.
Arnold & Porter
Stephanna F. Szotkowski
Senior Associate
Arnold & Porter