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As the legal and commercial landscape around construction projects continues to evolve, so must the contracts that govern these projects. In recent years, courts and contracting parties have emphasized how agreements allocate...more
Given the rapid, sweeping, and unpredictable changes in the tariff landscape, we return to the force majeure clause, a now-recurring theme following the COVID-19 pandemic and cyberattacks. Although, like many force majeure...more
It's fair to say that recent years have been challenging for business. Numerous disruptive events have put pressure on global supply chains. And the nature of these events has been unpredictable and varied. The COVID-19...more
Tariffs, trade tensions and material cost escalations are more than just headlines—they are challenges that contractors face every day. In our recent Q&A webinar, we tackled contractors’ pressing questions on protecting...more
You’re familiar with the boilerplate provisions, often under “Miscellaneous” at the end of a lease. Despite their B-side placement within the lease, these clauses can contain key lease terms. From integration and force...more
1. CONTENTIEUX EPILOGUE DE L’AFFAIRE DES COMPOTES - Par un arrêt en date du 8 janvier 2025, la Cour de cassation a mis un point final à la saga du cartel des compotes en rejetant les pourvois formés contre l’arrêt de la...more
These are challenging times for supply chains. In recent months, the US government has announced, reversed, delayed, adjusted, and enacted a series of tariffs on imports to the United States from a long list of countries;...more
The renewable energy industry in the United States is facing new headwinds in the form of state legislation that could delay, disincentivize, or even potentially prevent the completion of planned solar and wind projects. For...more
Chicago recently experienced its first dust storm since 1934, resulting in low to zero visibility in some parts of the city. Outsourcing and technology deals are increasingly done in “dust storm-like” conditions, with low to...more
A colleague told me about a conference at UCL on contract law and the unexpected saying, “Looks like a nice day out Jason”. When I was emailed 12 hefty draft papers by way of pre-reading, I realised it was a rather...more
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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