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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
What once seemed like temporary disruptions have become a persistent reality, challenging financial forecasts and threatening operational stability. Meticulous planning can be undone overnight by a single supplier’s inability...more
In our previous article, we discussed the concept of force majeure, which can excuse parties from performing their contractual obligations in certain circumstances. As explained in that article, force majeure is a contractual...more
Thomas G. Allen, Kilpatrick Townsend Partner and Global Lead for International Disputes, discusses the Russian invasion of Ukraine creating a series of commercial contract issues and potential liabilities for companies doing...more
Companies have been navigating how to adjust “standard” business contracts to mitigate the ongoing uncertainties and risks resulting from the COVID-19 pandemic for several months now. Parties should consider the following...more
A little over a year ago, I wrote a blog post about the danger of relying on precedent. Now, more than ever, clients and their advisors need to revisit contract forms on which they may have been relying for years. While many...more
Whatever your business—whether you are an investor looking at new investments, managing existing positions or planning exits, or a corporate concerned with protecting and enhancing your business—the current public health...more
Many businesses are already experiencing raw material shortages related to the coronavirus. As the virus and the related quarantines spread, most businesses are likely to experience material and labor shortages that will...more
Coronavirus (or COVID-19) is already causing significant disruption to businesses around the world, including quarantines and travel bans affecting trade and commerce, manufacturing, construction, hospitality and service...more
As coronavirus (COVID-19) continues to disrupt lives and businesses, it is important to consider how it may affect your real estate, construction, and supply businesses. Every situation and contract will be different, so it...more
At Spilman, we are often asked to review the "colder" legal aspects of human events of all types. The COVID-19 pandemic will be no different. To get a jump start on some of the questions we have faced or will face, our...more
The COVID-19 (the “Coronavirus”) pandemic has the potential to cause business disruptions that may make the performance of a party’s obligations under a commercial contract difficult, unprofitable or impossible. Such...more
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
A coronavirus pandemic (or even the threat of such a pandemic) could easily make it more difficult for parties to perform their obligations under many types of contracts—especially contracts requiring travel or involving the...more
As health organizations and governments around the world work to contain the coronavirus (COVID-19), businesses should be mindful of the various ways the virus may impact their operations and employees. The wide range of...more
The outbreak of coronavirus (also known as COVID-19) is reportedly impacting global manufacturing, transportation and cross-border supply chains underpinning many aspects of international trade and commerce. Some companies...more
- Under English law, force majeure clauses in contracts may allow parties to avoid their performance obligations in certain extreme circumstances, as defined by the contract. - It is unlikely that a low demand for LNG in...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