Photo of Sheryl L. Toby

Sheryl Toby (Member) has substantial experience in two unrelated fields. First she regularly advises manufacturing entities (such as automotive clients) in a wide variety of day-to-day supply chain matters. In both traditional and advanced technology manufacturing, she focuses on legal requirements within the context of practical application. She works closely with purchasing groups, in-house legal, finance and other business teams in developing strategy for addressing business challenges that intersect operational and legal issues. Her vast experience spans across matters such as, development of unique collaborative agreements in advanced vehicle manufacturing, front end procurement contracting best practices and addressing "stop-ship," financially troubled suppliers and other litigation threats. She is often called upon by entities to strategize with and lead experts in a variety of other disciplines to address unique challenges faced by companies in highly regulated manufacturing based industries including, for example, internal investigations of safety issues and other matters. Second, Ms. Toby is a prominent bankruptcy and restructuring attorney with over 30 years of experience. She is known for her creative approach in providing solutions for creditors, debtors and lenders addressing financial challenges. Ms. Toby has been involved in numerous significant bankruptcy cases throughout the country and is a frequent speaker and media consultant in her fields.

Proactive Analysis and Protocols Can Reduce Costs and Better Ensure Continuity of Supply

The extent of disruption caused by COVID-19 is unknowable at this time. However, it is likely that there will be suppliers unable to economically weather the storm. Having represented manufacturing customers and suppliers for decades, one thing is certain: even the most sophisticated entities make costly mistakes in addressing distressed suppliers without realizing they paid more as a customer than was necessary. “We only know what we know,” and preparing a customer to successfully address distressed supplier situations requires a different skill set than in representing or being a quality supplier.

Wrong moves at the very outset of troubled supplier matters can be the most costly. Immediate preparedness can reduce costs. As just one example, often a “Tier 1” manufacturer acts also as a “Tier 2” by selling product to its supplier, which the supplier then works on and sells back to the Tier 1 manufacturer. Failure to recognize that situation or have advisers that understand the resulting practical, financial and legal implications and how they relate to other customer positions can lead to losses that could have been avoided by early action.
Continue Reading How Customers in the Automotive Supply Chain Can Prepare for Distressed Suppliers Resulting From COVID-19