In an increasingly volatile global economy, suppliers and buyers face unforeseen challenges that may impact their ability to perform under commercial contracts. Longstanding assumptions about the level of tariffs, even under...more
2/6/2025
/ Commercial Bankruptcy ,
Contract Terms ,
Force Majeure Clause ,
Insolvency ,
International Trade ,
Risk Management ,
Supply Chain ,
Tariffs ,
Trade Policy ,
Trade Wars ,
Trump Administration ,
Uniform Commercial Code (UCC) ,
United States-Mexico-Canada Agreement (USMCA)
An article by Foley & Lardner Partner Vanessa Miller that provides a guide to force majeure provisions was published in mdm Distribution Intelligence.
To address potential risks to national security, the U.S. Commerce...more
10/3/2024
/ Automotive Industry ,
Batteries ,
Charging Stations ,
China ,
Congressional Review Act ,
Department of Energy (DOE) ,
Driverless Cars ,
Electricity ,
Environmental Protection Agency (EPA) ,
EU ,
Force Majeure Clause ,
Lithium Batteries ,
National Emissions Standards ,
National Security ,
NHTSA ,
Proposed Rules ,
SBA ,
Small Business Loans ,
Temporary Layoffs ,
U.S. Treasury ,
UAW
The Suez Canal and Panama Canal connect critical international trade and supply chains across continents. The Suez Canal (completed in 1869) routes ships between Europe and Asia directly linking the Red Sea and the...more
Over the last two years, the widespread shortages, stoppages, and other disruptions affecting much of the global supply chain have led manufacturers, suppliers, and buyers alike to examine their contract terms for an...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
The supply chain is the lifeblood of the automotive manufacturing industry. Disruptions to the supply chain caused by COVID-19 and component and material shortages, such as the semiconductor industry shortage, have put this...more
...Given that the original epicenter of the coronavirus was the important worldwide manufacturing hub of Wuhan, China, the automotive industry was swiftly and seriously impacted in ways that continue one year later. The...more
It is quite common in supply chain contracts for the buyer and the seller to have competing interests in negotiating key contractual provisions and protections. Before COVID-19, force majeure provisions were often just an...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 more than 100 countries and territories. Over 110,000 cases have now been documented across the globe,...more
3/10/2020
/ Commercial Contracts ,
Coronavirus/COVID-19 ,
Energy Projects ,
Energy Sector ,
Force Majeure Clause ,
Infectious Diseases ,
Manufacturers ,
Oil & Gas ,
Public Health ,
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
With the coronavirus sweeping through major manufacturing hubs in China, the government has mandated shutdowns in many cities. The mandatory evacuation and closure of many businesses and schools in the area has shut down a...more
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
The threat presented by Hurricane Florence has forced government officials to order South Carolina residents to evacuate hurricane zones. The mandatory evacuation and closure of many businesses and schools in the area has...more
The automotive sector is getting a quick primer on the various ways in which the international trade laws can target automotive imports. In addition to the announcement of a potential Section 232 tariffs or other trade...more
8/13/2018
/ Automotive Industry ,
China ,
Exclusions ,
Force Majeure Clause ,
Imports ,
Notice Requirements ,
Presidential Memorandum ,
Section 301 ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Trump Administration ,
US Trade Policies ,
USTR
With the ongoing West Coast labor dispute and increasing port congestion causing gridlock, suppliers should look to their contracts to determine whether they have the right to declare force majeure with their customers in the...more