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Force Majeure Clause

Gray Reed

Uri Force Majeure Cases Still Percolating

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Thought you’d heard the last of force majuere cases arising from Winter Storm Uri? Think again. In Marathon Oil Company v. Koch Services LLC. the question was how to measure damages suffered by Koch for Marathon’s...more

Seyfarth Shaw LLP

Tariff Turbulence: Navigating Force Majeure Risks in Texas Oil and Gas Contracts

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Upstream oil and gas producers and oilfield service companies are facing new uncertainties from recently imposed federal tariffs. In early 2025, the US expanded tariffs on a broad range of imports, suddenly increasing costs...more

Gray Reed

Weathering the Storm – Part 3: Force Majeure in Construction Contracts

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Unexpected devastating weather events such as hurricanes, tornados, earthquakes, fires and other natural disasters can strike at any time, leaving construction projects in disarray. While Mother Nature is often unpredictable,...more

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

Venable LLP

Leveraging Your Contracts to Address the Impact of Tariffs

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Companies are facing a unique trade market. President Trump has announced various tariffs, including additional tariffs on China, the on-again, off-again tariffs on Canada and Mexico, auto tariffs, steel and aluminum tariffs,...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

Morrison & Foerster LLP

Navigating New U.S. Tariffs: Questions to Consider

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

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

Farrell Fritz, P.C.

Impact of Recent U.S. Tariffs on Material Adverse Change and Force Majeure Clauses

Farrell Fritz, P.C. on

The recent imposition of tariffs by the U.S. government has introduced significant complexities in contractual performance and risk allocation. It is important to assess how these tariffs may influence material adverse change...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

Kerr Russell

Tariffs and Contract Performance: Can Tariffs be a Force Majeure Event?

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Following the previous imposition of significant tariffs on imports from Canada and Mexico, President Donald J. Trump announced on April 2, 2025 additional tariffs of varying amounts covering virtually all goods imported into...more

A&O Shearman

Tariffs and force majeure

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We are starting to hear reports of businesses declaring the Trump Administration's Executive Order on tariffs to be a force majeure event under their contracts. Most of us now have rather more experience than we'd like to of...more

McGinnis Lochridge

Winter Storm Uri and Force Majeure: The Legal Battles Continue

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Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. In the aftermath, the courts have been flooded with force majeure claims,...more

Womble Bond Dickinson

Mastering Real Estate Acquisition for Data Centers: Guidelines from Womble Bond Dickinson

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Womble Bond Dickinson Partners Kristen Thall Peters, Tara Gorman, and Jeff Golimowski, members of the Womble Data Center Team provide guidance for data center developers acquiring real estate....more

Goldberg Segalla

[Webinar] Building Under Pressure: Navigating the Impact of Trump’s Tariffs on Construction Contracts - March 25th, 12:00 pm -...

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Join Goldberg Segalla partner Laura Colca for an insightful webinar that delves into the complexities of how Trump’s tariffs have reshaped the construction industry. Learn the financial and logistical impacts of tariffs on...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

MG+M The Law Firm

Tariffs and the Construction Industry

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On February 10, 2025, President Donald Trump announced his intention to impose 25% tariffs on imports of all steel and aluminum, two materials found in nearly every construction project. These tariffs are set to take effect...more

Vinson & Elkins LLP

Once More Unto the Breach: Navigating Supply Chain Disruption Amid the Trade Wars – a Construction Contract Checklist

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The tectonic plates have shifted once again, this time with trade tariff announcements from the incoming Trump administration, sowing the seeds for another potential supply chain disruption event. In times like these owners,...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … Managing Import Risks Under the New Trump Administration (Part IV):...

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In an increasingly volatile global economy, suppliers and buyers face unforeseen challenges that may impact their ability to perform under commercial contracts. Longstanding assumptions about the level of tariffs, even under...more

Morrison & Foerster LLP

Top Commercial Disputes of 2024: What You Need to Know and What to Look Out for in 2025

As we begin 2025 and set our goals for the new year (realistic or unrealistic), we outline some of the significant English court rulings from 2024 and the key lessons they offer for the year ahead. In 2024, the courts...more

Mandelbaum Barrett PC

Addressing Labor Shortages in Construction: How to Protect Your Projects and Contracts

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On January 24, 2025, the Associated Builders and Contractors (ABC) announced that the construction industry urgently needs to hire 439,000 workers to meet its 2025 demand....more

Kerr Russell

Countdown to Tariffs: Are your contracts ready?

Kerr Russell on

President-elect Donald Trump has threatened to impose sweeping tariffs on imported goods immediately upon taking office on January 20, 2025. Those tariffs could have an immediate impact on the U.S. supply chain for goods, as...more

Mandelbaum Barrett PC

Mastering Contractual Obligations: Key Insights for Entrepreneurs 

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Contracts are essential to every business, setting out the rights, responsibilities, and expectations of all parties involved. In 2024, entrepreneurs are dealing with more complex contracts than ever, influenced by changing...more

Gray Reed

Federal Court Gives a Primer on Oil and Gas Lease Maintenance

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In re: EP Energy E&P Company, LP considered three lease maintenance provisions in several oil and gas leases. The federal district court ruled that the leases were maintained in force after cessation of production despite...more

King & Spalding

Texas Magistrate Judge Recommends Summary Judgment Against Texas Wind Farm on Winter Storm Uri Force Majeure Claims

King & Spalding on

On September 29, 2023, U.S. Magistrate Judge Hal R. Ray Jr. of the U.S. District Court for the Northern District of Texas issued a report and recommendation on a summary judgment motion in a case arising out of fixed-volume...more

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