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Monthly Minute | Global Supply Chain Issues
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
Unit Petroleum Company v. Koch Energy Services, LLC is another force majeure case arising out of winter storm Uri. Unlike a similar case, summary judgment was denied because, said the United States District Court, The word...more
MIECO, LLC v. Pioneer Natural Resources presented a challenge to a force majeure defense in a dispute arising from Winter Storm Uri. The defense carried the day....more
MIECO LLC v. Pioneer Nat. Res. USA, Inc. - May a seller of energy invoke force majeure to excuse its non-performance under a delivery contract – a contract that obligates the seller to deliver a particular quantity of...more
With important developments such as the ongoing COVID-19 pandemic, Russian invasion of Ukraine, and raw material and labor shortages, businesses face a myriad of challenges. Among those challenges are a business's or its...more
In light of ever-growing complex business arrangements, companies are increasingly dependent on cross-border supply chain networks. Supply chains networks, which usually encompass development, sourcing, production,...more
Given the recent expansion of the regulatory landscape in light of the ongoing events in Russia and Ukraine, namely the imposition of extensive sanctions on Russia (and certain Russian banks and nationals), there has been a...more
Once a month, we cover an interesting topic in 60 seconds. This month, International Disputes Partner Thomas G. Allen shares his thoughts on the current supply chain crisis....more
The US-China trade war has caused a significant impact on the solar industry, and that impact is expected to grow. In this webinar, learn how solar industry leaders are handling the effects of the US–China trade war and how...more
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
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The COVID-19 pandemic has disrupted supply chains around the world requiring many companies to adjust operations and their business. Supply chain litigation has not erupted as...more
In the wake of President Joe Biden’s executive order revoking the Keystone XL pipeline permit, oil and gas producers are bracing for additional actions. In fact, environmental and activist groups are already targeting oil and...more
Suppliers have faced unique challenges in keeping their products and services flowing into the marketplace during a pandemic. In response to COVID-19, suppliers have revisited their default procedures and have developed...more
Q2 2020 saw a tangible increase in the number of queries from clients asking about the enforceability of take or pay clauses common in supply agreements. Intermingled with questions around force majeure, the key issue appears...more
Given the current environment, it is crucial to be aware of your contractual rights, potential exposures and legal remedies. This checklist provides some suggestions on best practices for providing notice of force majeure or...more
As the COVID-19 crisis and its economic fallout intensify, contractual parties have increasingly invoked force majeure provisions to excuse performance of contracts. This article is a follow up to Schiffer Hicks Johnson’s...more
The coronavirus SARS-CoV-2 ("COVID-19") is a stress test for many supply chains. The associated restrictions have the potential to disrupt production processes and confront manufacturers and suppliers alike with considerable...more
The magnitude of the disruption caused by Covid-19 to the economy has a very significant impact on business contracts and in particular triggers an increase of the number of breaches. This situation undermines businesses and...more
When trying to understand the full impact of COVID-19 on existing contractual obligations, parties will likely first consult force majeure provisions in their contracts to assess their rights or liabilities for continued...more
This Katten advisory considers how UK businesses could seek to rely on the principles of force majeure or frustration to suspend or end performance of contractual obligations (without liability) should that be required in...more
The global impact of COVID-19 increases by the day. Supply chains, manufacturing and transportation are being significantly disrupted while businesses’ rights and obligations under contracts are coming into sharp focus. ...more
The coronavirus (COVID-19) pandemic—alone or coupled with government orders limiting activities—has impacted the ability of many businesses to maintain operations and to fulfill contractual obligations. Over the past few...more
One of a series of live webinars to help clients to respond to the impact of the global coronavirus pandemic on their business. In 45 minutes we will provide: An overview of legal and practical issues for global supply...more
As the novel coronavirus, known as COVID-19, and the associated illness spreads around the world and the number of confirmed cases in the United States rises, disruptions to construction projects are inevitable. These...more
We are living in uncertain times as the effects of the COVID-19 virus pandemic and resulting governmental restrictions on economic activity and daily life take hold. Not surprisingly, many businesses are facing key decisions...more