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Foley & Lardner’s “Tariffs and Your Contracts” series addresses how to assess and structure commercial contract provisions amid the recent widespread tariff changes. The most recent article in the series is Tariffs and Your...more
In a time of shifting global trade policies, tariff adjustments, and regulatory oversight, the fine print in your contracts has never mattered more. Long-term strategic agreements can now turn into urgent liabilities with a...more
In addition to reviewing your commercial contracts for how new or increased tariff costs are allocated, another key area to evaluate is whether either party has the right to terminate the contract. If one party gets upside...more
Rebuilding often requires a retrospective examination. In the case of rebuilding homes and businesses after a natural catastrophe, such as Hurricane Katrina or the 2025 LA fires, that retrospective examination includes...more
Are you searching for a reliable partner to provide legal services in a rapidly changing world? How will legal decisions impact other aspects of your company, including operations, accounting, existing business...more
To ascertain which party in a commercial contract is responsible for tariffs, it is important to check whether the contract specifies the importer of record....more
Delivery terms aren’t just legal fine print—they are strategic terms that can drastically shift the costs and obligations between the parties to a contract, especially when tariffs are involved. This installment of MVA’s...more
In light of a trade landscape rife with tariffs, companies are examining their commercial contracts to judge the exposure to increased costs of production. One area of a supply contract that cannot be overlooked when...more
President Trump’s shakeup of U.S. trade policy with its approach to tariffs is costing companies billions of dollars. In fact, in June of this year, importers paid the U.S. government customs duties (of which tariffs are a...more
In an era of unpredictable trade regulations, rising tariffs, and shifting economic alliances, contract management has become a critical line of defense. It’s no longer just about what’s negotiated—it’s about how fast you can...more
The looming expiration of the “Liberation Day” tariff suspension on August 1, 2025 marks a watershed for global trade and supply chain management. The U.S. administration’s imposition of sweeping tariffs first announced on...more
In light of recent disputes, international construction firms are rethinking how they draft force majeure and price escalation provisions to better address tariff-induced cost increases. While traditional force majeure...more
In April 2025, our International Business Law and Administrative, Regulatory and Government Law practice groups wrote about Which Trade Pill to Swallow: The Red Pill or Blue Pill? In the past few months, several more tariff...more
The evolving U.S. tariff regime under President Donald Trump has had and likely will continue to have profoundly impacts on commercial contracts. Commercial actors are evaluating their contractual commitments to determine the...more
In light of recent Executive Orders issued by President Trump concerning tariffs, countries around the world—including the United States—have been forced to reassess existing trade and contractual frameworks. The construction...more
The INCOTERMS published by the International Chamber of Commerce (ICC) have long served the international community by offering a “shorthand” for communicating key shipping terms. The ICC most recently issued the 2020 version...more
In recent weeks, the Trump Administration has imposed sweeping tariffs on U.S. trading partners, based on the country from which the goods are exported and the type of goods imported. For parties to commercial contracts for...more
These are challenging times for supply chains. In recent months, the US government has announced, reversed, delayed, adjusted, and enacted a series of tariffs on imports to the United States from a long list of countries;...more
In this second installment of MVA’s Supply Chain series on tariffs, we examine a fundamental question in the determination of which party to a contract is responsible for paying tariffs on goods imported into the United...more
International trade is a complex web of regulations, agreements and logistics. For those whose businesses rely upon international trade two things are certain, (1) tariffs will impact your supply chain and operational costs...more
Assessing Tariff Impacts in Commercial Contracts - With the size and scope of President Trump’s tariffs continuing to shift, this is a critical time for businesses to assess their contracts and determine how increased...more
The introduction of tariffs under the Trump Administration—and their subsequent partial (yet perhaps temporary) rollback—has added a new layer of complexity and a great deal of uncertainty to the high-stakes world of M&A...more
Tariffs on imports into the U.S. are on the rise, focusing on many of the U.S.’s largest trading partners like Mexico, Canada and China, as well as major products such as aluminum and steel. Buyers and sellers who are...more
As companies directly or indirectly involved in international trade and cross-border supply chains navigate the complexities of tariffs and their expected retaliatory impacts, one effective strategy to mitigate their impact...more
The current worldwide focus on tariffs, paired with reciprocal tariffs from various affected states, is likely to have significant impact on the costs of cross-border trade. Businesses focused on importing and exporting goods...more