News & Analysis as of September 21, 2024

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Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -

Supply Chain Survival Series: Force Majeure (Article #9)

Quarles & Brady LLP on 5/1/2023

In our previous article, we discussed anticipatory repudiation and demands for adequate assurances—legal concepts that may arise when a party to a contract expects that its counterparty may not perform its end of the bargain....more

Force Majeure Litigation Involving Manufacturers

Robinson+Cole Manufacturing Law Blog on 2/1/2021

Earlier this year, I provided our 2021 Corporate Compliance and Litigation Outlook for Manufacturers. I noted that even though we had been counseling a lot of manufacturers on force majeure events (i.e., the ability to...more

A Supplier’s Post-Pandemic Guide to Overhauling Force Majeure Provisions

Foley & Lardner LLP on 10/12/2020

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

RFP Lessons Learned from COVID-19

Foley & Lardner LLP on 9/22/2020

COVID-19 supply chain disruptions and how suppliers and service providers have handled such disruptions have prompted procurement teams to reconsider whether business should be shifted away from suppliers that have performed...more

Should Parties Color Outside the Lines of Force Majeure to Excuse COVID-19 Related Supply Chain Disruptions?

Foley & Lardner LLP on 8/27/2020

Throughout the COVID-19 pandemic, manufacturers, suppliers, and distributors are attempting to mitigate the risks that accompany supply chain disruptions by incorporating a variety of related terms into their force majeure...more

Dealing with supply interruptions and restrictions due to COVID-19 in German Law

Hogan Lovells on 4/9/2020

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

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

Seyfarth Shaw LLP on 4/7/2020

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

Force Majeure both for Contracts/Suppliers, Cancellation of Trade Shows

Robinson+Cole Manufacturing Law Blog on 4/5/2020

Fellow Manufacturing Industry Team member, Taylor Shea and I had the pleasure of presenting the first program in the “Coronavirus Special Topic Conference Calls Series” offered by the U.S. Department of Commerce and the...more

Force Majeure: Friend or Foe Amidst COVID-19

Katten Muchin Rosenman LLP on 4/2/2020

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

COVID-19 Construction Alert: Force Majeure and Notice Provisions in Construction Contracts Take Center Stage in the Age of...

Greenbaum, Rowe, Smith & Davis LLP on 3/27/2020

Before the advent of COVID-19, nobody paid much attention to force majeure clauses in construction contracts. These clauses were often boilerplate provisions, tucked away in the general conditions part of the contract...more

Impacts of COVID-19 on the Performance of Contracts Under German Law

Dechert LLP on 3/26/2020

Key Messages - COVID-19 constitutes a Force Majeure event - if epidemics or pandemics are expressly provided for in the agreement as qualified Force Majeure circumstances and - if acts or orders of the German...more

Time to Review Your (and Your Suppliers’) Business Continuity and Disaster Recovery Plans

Pillsbury Winthrop Shaw Pittman LLP on 3/24/2020

Scrutiny of BC/DR plans is essential as the COVID-19 coronavirus affects a wide range of business functions. - You should review your (and your suppliers’) business continuity and disaster recovery plans in light of...more

COVID-19: A quick recap of key considerations for products companies

Hogan Lovells on 3/23/2020

The rapid spread of COVID-19 and the responses to it worldwide are significantly impacting how we do business. While the exact length and severity of the crisis is uncertain and impossible to model accurately at this point,...more

Managing the Commercial Impact of the Coronavirus: What Claims In-House Counsel Should Expect in the Near Future

Foley & Lardner LLP on 3/21/2020

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

Financial Assistance Emerges for New York Small Businesses Impacted by COVID-19

Harris Beach PLLC on 3/20/2020

The sudden and unexpected COVID-19 pandemic and the various efforts to contain it have significantly disrupted global commerce while imperiling companies both big and small. We have created a COVID-19 response page to help...more

COVID-19: What Effect Does the Global Pandemic Have on Contract Rights and Obligations

Ruder Ware on 3/19/2020

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

Managing the Commercial Impact of the Coronavirus: Implications for the Technology Industry

Foley & Lardner LLP on 3/18/2020

The coronavirus (also known as COVID-19) has now been documented in more than 100 countries and territories. As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world,...more

The Coronavirus Effect on Construction Projects

Burr & Forman on 3/18/2020

There is increased pressure by federal, state and local governments to minimize gatherings. Many businesses encourage telecommuting in situations such as this. However, that is not feasible on a construction project....more

Beyond Coronavirus: How to Prepare Your Business for the Pandemic Era

Lowenstein Sandler LLP on 3/17/2020

With more than 153,000 cases reported globally (as of March 15, 2020), including more than 1,600 in the United States (as of March 13, 2020)–and both totals increasing by the hour–the COVID-19 pandemic is already wreaking...more

Coronavirus as a contractual force majeure event: A simple checklist

Hogan Lovells on 3/17/2020

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

Coronavirus FAQ: Key corporate and commercial considerations

Hogan Lovells on 3/17/2020

The global outbreak of the novel coronavirus COVID-19 is having profound implications for businesses all over the world. A Hogan Lovells team of corporate and commercial lawyers from the United Kingdom, United States, and...more

Your Contracts in a Coronavirus World

Troutman Pepper on 3/17/2020

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

Keep Calm — and Look at Your Contract(s)

Cozen O'Connor on 3/16/2020

Whether you cannot meet your supply obligations because your supply chain has come to a screeching halt or you are losing income because conferences, sports, or cultural events are cancelled and your contract partners do not...more

You Thought It Was Merely "Boilerplate" — the Coronavirus and the Importance of Force Majeure Clauses

Chambliss, Bahner & Stophel, P.C. on 3/13/2020

With the international spread of the coronavirus and the impact it is having on the supply chains, production, transport, and workforce of commercial entities, as well as the limitations posed for service providers of all...more

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