Exxon Lawyer Talks Kobe Steel, North Korea and Other Supply Chain Considerations
When it comes to Exxon's massive supply chain, associate GC Robert Johnson said that his company's attorneys are constantly facing new questions.
October 18, 2017 at 02:31 PM
6 minute read
Lawyers, no matter which industry, are grappling with how to deal with legal ethics and compliance issues in their supply chains.
In-house attorneys with international corporations, including Exxon Mobil Corp., addressed this dilemma head-on during the Association of Corporate Counsel's annual meeting in Washington D.C., Tuesday.
Robert Johnson, associate GC at Exxon, said his company's 430 attorneys worldwide are constantly confronted with new questions when it comes to areas within its massive supply chain. Just this past week, for instance, the company had to check whether it used any Kobe Steel products. Kobe came under fire this month after admitting to falsifying certification for copper, aluminum and steel products that were sold to as many as 500 companies.
It turns out Exxon was one of them.
Johnson and his colleagues found themselves asking questions like: “Did we buy some of that? Yes we did. Where did we put it? Various facilities in various places,” he recalled. “And so now we're running around and investigating. We've got to find out: 'Where's that steel; is it a problem?' Of course the lawyers will look at the contracts and decide whether we have to make claims.”
Another example that impacted Exxon's supply chain is the recent executive order imposing sanctions on relationships with North Korea. Johnson explained that “you can't use a ship that has been on the North Korea port in the past six months.”
“One of the things we're wrestling with at Exxon Mobil right now is, do we need to do due diligence to find out if these ships have been there? Or is it enough for us to put in our contracts, 'Hey maritime company, you need to make sure we don't have any of these ships in our supply chain.' Is that enough? Not sure,” Johnson said.
Johnson admits that, while Exxon's concerns are countless, they face less of a risk with things like child labor, which has historically plagued industries such as apparel retail, he said.
He advised companies to continue to examine their existing population of suppliers and distributors. “There are a lot of technology tools out there to use,” he said. “You can do that at a reasonable cost.”
One emerging area where he thinks companies will need to pay more attention is with cybersecurity.
At Exxon, he said, for any companies hosting the company's data or with “any kind of access to the network,” there is an external service provider agreement in place. Exxon's cybersecurity team reviews that company's cybersecurity practices extensively, Johnson said.
Exxon's team is asking: “Do they have good practices? Do they have good firewalls? Are we comfortable with it?”
“That's an emerging due diligence area that I think all of us will be doing more of,” Johnson said. “The fun never ends in the supply chain.”
Lawyers, no matter which industry, are grappling with how to deal with legal ethics and compliance issues in their supply chains.
In-house attorneys with international corporations, including
It turns out Exxon was one of them.
Johnson and his colleagues found themselves asking questions like: “Did we buy some of that? Yes we did. Where did we put it? Various facilities in various places,” he recalled. “And so now we're running around and investigating. We've got to find out: 'Where's that steel; is it a problem?' Of course the lawyers will look at the contracts and decide whether we have to make claims.”
Another example that impacted Exxon's supply chain is the recent executive order imposing sanctions on relationships with North Korea. Johnson explained that “you can't use a ship that has been on the North Korea port in the past six months.”
“One of the things we're wrestling with at
Johnson admits that, while Exxon's concerns are countless, they face less of a risk with things like child labor, which has historically plagued industries such as apparel retail, he said.
He advised companies to continue to examine their existing population of suppliers and distributors. “There are a lot of technology tools out there to use,” he said. “You can do that at a reasonable cost.”
One emerging area where he thinks companies will need to pay more attention is with cybersecurity.
At Exxon, he said, for any companies hosting the company's data or with “any kind of access to the network,” there is an external service provider agreement in place. Exxon's cybersecurity team reviews that company's cybersecurity practices extensively, Johnson said.
Exxon's team is asking: “Do they have good practices? Do they have good firewalls? Are we comfortable with it?”
“That's an emerging due diligence area that I think all of us will be doing more of,” Johnson said. “The fun never ends in the supply chain.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPreparing for 2025: Anticipated Policy Changes Affecting U.S. Businesses Under the Trump Administration
Employers Race to File NLRB Petitions to Gain Upper Hand in Union Organizing
5 minute readTractor Supply Co.'s Stock Takes Hit After Activists Bash Its Embrace of DEI
6 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250