The rise of President Trumps’ tariffs in 2025 has brought uncertainty to the profitability of product sales and has thrown a wrench in previously stable supply relationships. Reminiscent of the 2020 push to review force...more
Commercial forms – such as quotations, purchase orders and invoices – and associated terms and conditions are ubiquitous in the supply chain and often the only contract that exists between a buyer and seller. When used...more
11/2/2022
/ Breach of Warranty ,
Buyers ,
Contract Terms ,
Force Majeure Clause ,
Global Economy ,
Risk of Loss ,
Sellers ,
Supply Chain ,
Terms and Conditions ,
Uniform Commercial Code (UCC) ,
Warranties
With disruptions affecting every aspect of the supply chain, companies are increasingly encountering legal arguments offered to justify a failure to meet supply obligations. This article in the Supply Chain Disruption Series...more
Due to the ongoing global supply chain crisis, companies face an uphill battle managing supply chain-related issues. On one front, companies are encountering frequent and extensive shipment and delivery delays. Information...more
6/23/2022
/ China ,
Coronavirus/COVID-19 ,
EU ,
Force Majeure Clause ,
Insurance Industry ,
Labor Shortage ,
Onshoring ,
Russia ,
Shipping ,
Supply Chain ,
Supply Shortages ,
Trucking Industry ,
Ukraine
The U.S. economy is grappling with the highest inflation in decades, with extensive inflation in the supply chain affecting companies worldwide. Supply chain disruptions undoubtedly have contributed to rising inflation, as...more
The advent of new technology brings along with it the murkiness of how the American legal system will treat such technology. Before the rise of blockchain for instance, businesses were uncertain how courts would treat...more
10/8/2021
/ Blockchain ,
California Consumer Privacy Act (CCPA) ,
Confidentiality Policies ,
E-SIGN ,
Force Majeure Clause ,
General Data Protection Regulation (GDPR) ,
Governance Standards ,
Service Level Agreements ,
Smart Contracts ,
Supply Chain ,
Termination ,
UETA
As costs of raw materials and freight rise, some suppliers are facing the dilemma of locked-in product prices with customers and an inability to respond to declining profit margins. Historically, suppliers have been able to...more
As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these challenges...more
3/21/2020
/ Breach of Contract ,
Business Interruption ,
business-int ,
Class Action ,
Commercial General Liability Policies ,
Coronavirus/COVID-19 ,
D&O Insurance ,
Failure To Warn ,
Force Majeure Clause ,
Impracticability ,
Infectious Diseases ,
Insurance Claims ,
Manufacturers ,
Mergers ,
Suppliers ,
Supply Chain
...The coronavirus (provisionally named SARS-CoV-2, with its disease being named COVID-19) has now been documented in six of the world’s seven continents, with more than 80,000 cases, sparing only Antarctica. Closer to home,...more
2/27/2020
/ Acquisitions ,
Business Interruption ,
Coronavirus/COVID-19 ,
Distributors ,
Employer Liability Issues ,
Force Majeure Clause ,
Health and Safety ,
Infectious Diseases ,
Insurance Claims ,
Manufacturers ,
Manufacturing Facilities ,
Material Adverse Change Clauses (MACs) ,
Mergers ,
Public Health ,
Purchase Agreement ,
Reporting Requirements ,
Risk Management ,
Suppliers ,
Supply Chain ,
Supply Contracts ,
Workplace Safety
The modern day supply chain is ever more complex. Add to that the fact that it is under an almost daily attack from the current political climate. This creates an environment of uncertainty that is a good reason to reassess...more