"Hidden Traffic Podcast - Contracts and Supply Chains with Sarah Dadush and Susan Maslow."

What is human trafficking? What is modern slavery? Where does it show up in the daily life of an organization? Human trafficking doesn't always take the form we first imagine - it can be found at almost any level of an organization's supply chain. What can compliance professionals do to assess human trafficking risk, and how can they leverage the resources of the organizations they work for to help root out this tragic problem? Gwen Hassan is here to help - this is Hidden Traffic.

In this episode of Hidden Traffic Podcast, Sarah Dadush, a business and human rights law practitioner with a background in international development and teaches Contracts, Business & Human Rights, and Consumer Law at Rutgers Law School, and Susan Maslow, an experienced business attorney with a focus on corporate transactional law, and a co-founder and partner at Antheil Maslow & MacMinn join host Gwen Hassan to discuss how contracts can be used as preventative measures against human rights violations.

Upon coming across the Model Contract clause 1.0 (also called standard contractual clauses), Sarah was taken by the idea of using contracts as a tool for improving the human rights performance of international supply chains. As contracts are well within the dominion of firms, something was promising about using these legal links in the supply chain to serve a new purpose. Unfortunately, the 1.0 had a significant pain point, but the updated 2.0 intends to solve it.

This pain point, Susan shares, is that model clauses’ definition of non-conforming goods did not address the buyer’s desire to call them non-conforming or even use traditional contract remedies. Soccer balls that are black and white and perfectly stitched look like conforming goods, even if made with forced labor. “The first step in [our process] was to define goods tainted by forced labor, child labor, or other human rights abuses as defective,” she adds.

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