News & Analysis as of

Contract Negotiations Risk Management Force Majeure Clause

Snell & Wilmer

Unique Considerations When Opening or Reopening a Business in the LA Fire Zones

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The 2025 Eaton and Palisades fires caused vast destruction, but in the wake of such destruction there may be unique opportunities for people looking to open or reopen a business in the zones impacted by such fires. Opening a...more

Hanson Bridgett

Protecting Your Bottom Line: Adjusting Supply Chain Contracts to Mitigate Tariff Impacts

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Recent shifts in international tariff policies have created significant uncertainty for US importers. As a buyer, revisiting your supply contracts now can help safeguard your business from unexpected costs and disruptions. ...more

Morgan Lewis - Tech & Sourcing

Top of Mind Issues When Negotiating Global Distribution Agreements: A Conversation with Marie Davy

As part of our Spotlight series, we welcome Marie Davy, who recently joined Morgan Lewis as a partner in our Paris office, to discuss key issues to consider when negotiating global distribution agreements....more

Seyfarth Shaw LLP

Allocating the Risk of Tariff Price Increases

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As the Trump Administration’s tariffs are now in effect, owners, developers, and contractors managing pending construction projects face questions about who is ultimately responsible for impacts (both time and cost) resulting...more

Gray Reed

A Brave New World – Tariffs and Force Majeure

Gray Reed on

My colleague (Graham Quinn) recently wrote an article about the potential financial impact of the impending steel and aluminum tariffs on the construction industry.  See hyperlink: The Impact of President Trump’s Steel and...more

Williams Mullen

[Webinar] CLE Institute - What’s Keeping You Up at Night? Business Risks of COVID-19 - November 5th, 11:00 am - 12:30 pm ET

Williams Mullen on

Your company has navigated the first six months of COVID, but what is around the corner? In this program, our lawyers will provide some clarity around the various legal issues that are, or could be, affected as we move...more

Best Best & Krieger LLP

Best in Law: Contracts During the COVID-19 Pandemic

BB&K Attorney Todd Gee Shares Key Actions During a Pandemic in the Southern California Newspaper Group - The COVID-19 outbreak is a striking example of how something unexpected can upend a wide variety of industries in an...more

Baker Donelson

Coronavirus: Force Majeure and Managing Your Business Risk, Part 3

Baker Donelson on

Moving Forward – How to Negotiate Future Contracts - Until the recent COVID-19 pandemic, whether you included a force majeure clause in a contract, and more specifically, what that language meant, likely drew little...more

WilmerHale

Drafting Force Majeure Clauses in Light of the COVID-19 Pandemic

WilmerHale on

In a previous client alert, we described the contractual issues that companies should assess under force majeure clauses in their existing contracts in light of the COVID-19 pandemic caused by the novel coronavirus and...more

Seyfarth Shaw LLP

Reemergence of the Doctrine of Temporary Impracticality or Frustration Under Section 269 of the Restatement (Second) of Contracts...

Seyfarth Shaw LLP on

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

Katten Muchin Rosenman LLP

Force Majeure: Friend or Foe Amidst COVID-19

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

Seyfarth Shaw LLP

Applicability of Force Majeure and Impossibility in the Wake of COVID-19 Under New York Law

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In the wake of the recent COVID-19 pandemic, and its economic disruption, some contracting parties may seek to be excused from performance under their contracts. For contracts subject to New York law, including insurance...more

Williams Mullen

"An Ounce of Prevention is Worth a Pound of Cure" - Commercial Contracts in the Era of Coronavirus (COVID-19)

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With the spread of Coronavirus (COVID-19) in the United States, many of our clients are facing the mass cancellation of events and damaging service interruptions. This disruption can cripple one’s business, so clients are...more

Polsinelli

COVID-19 and Its Growing Impact on Commercial Contracts: How Should Contracting Parties Respond?

Polsinelli on

COVID-19 is causing a rapidly evolving public health crisis, and businesses face uncertainty about their commercial relationships. That uncertainty is raising questions about performance under contractual agreements that were...more

Hogan Lovells

Coronavirus as a contractual force majeure event: A simple checklist

Hogan Lovells on

Email overload on whether the new coronavirus, COVID-19, triggers a force majeure clause? Whether you're considering a claim, worried about receiving one or busy drafting following the outbreak, here's our 10-point,...more

Troutman Pepper Locke

Your Contracts in a Coronavirus World

Troutman Pepper Locke on

The coronavirus (COVID-19) pandemic continues to have a devastating impact on human health, life and economic activity around the world. The virus has caused severe disruptions to the global economy, including the banning of...more

White and Williams LLP

Drafting and Enforcing Force Majeure Clauses in the Wake of COVID-19: Details Matter

White and Williams LLP on

The COVID-19 virus, now on the shores of the United States, continues to impact U.S. businesses at an increasing velocity. With workers contracting the virus across the globe and unable to perform their jobs, business owners...more

Lowndes

Coronavirus – Does Force Majeure Apply?

Lowndes on

The coronavirus has disrupted the economy and business activity, making it difficult or challenging for some parties to honor their contractual obligations. In fact, it is apparent that parties are terminating their...more

Goodwin

COVID-19 and the Impact on M&A

Goodwin on

Although COVID-19 is rightfully viewed primarily as a public health and humanitarian issue, it is worth considering the potential impacts of the virus on M&A activity as this dynamic situation unfolds. We are seeing the issue...more

Seyfarth Shaw LLP

Managing Project Risk Associated with the Coronavirus Outbreak Through Force Majeure Provisions

Seyfarth Shaw LLP on

Globally, many developers and contractors are scrambling to identify available contractual relief as the Coronavirus (COVID-19) disrupts cross-border supply chains. US businesses will recall a similar effort just eighteen...more

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