News & Analysis as of

Force Majeure Clause Critical Infrastructure Sectors

Hanson Bridgett

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

Hanson Bridgett on

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

Jones Day

The War in Ukraine: Downstream Ripple Effects on the European Gas Market

Jones Day on

European energy companies face unprecedented uncertainty as a result of Russia's invasion of Ukraine. A potential reduction or cessation of Russian gas imports is not unforeseeable and would invariably affect all market...more

Hicks Johnson

Six Steps Businesses Can Take Now to Mitigate Cyberattack Liability

Hicks Johnson on

Cyberattacks on the nation’s critical infrastructure are becoming more frequent, more severe, and more dangerous. The Wall Street Journal reported that the growing trend of cyberattacks is “part of a growing criminal pivot...more

King & Spalding

Cyberattack and Ransomware Attack Force Majeure Considerations

King & Spalding on

As criminal cyberattacks and ransomware attacks on critical infrastructure increase, companies may experience significant business disruptions. Ransomware and cyberattacks may prevent companies from fulfilling contractual...more

Morgan Lewis

Texas Blackouts Show Vulnerabilities of Electric Grid; Federal and State Investigations Announced

Morgan Lewis on

After severe winter weather forced Texas into experiencing power outages and rolling blackouts, there will likely be resulting federal and state investigations into the outages, federal investigations into commodity and...more

Robinson+Cole Manufacturing Law Blog

Force Majeure Litigation Involving Manufacturers

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

Nossaman LLP

Impacts of COVID-19 on U.S. Infrastructure Projects

Nossaman LLP on

As the COVID-19 pandemic continues, both the public and private sectors have been working to understand the market’s response and search for solutions addressing the pandemic’s unprecedented impacts....more

Robinson+Cole Construction Law Zone

Ongoing Impacts of the Coronavirus Pandemic on Construction Projects in Major Markets

As we began to describe on March 18, the economic impacts of the ongoing coronavirus/COVID-19 pandemic on the construction industry are becoming more severe as the pandemic continues on and spreads. Substantial uncertainty...more

Troutman Pepper Locke

COVID-19 and the Construction Industry: Looking Beyond Force Majeure to Recover Time and Costs for Delay

Troutman Pepper Locke on

Much has been written about whether and how COVID-19 qualifies as a force majeure event. But typical force majeure provisions entitle contractors to only schedule relief. ...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

Robinson+Cole Manufacturing Law Blog

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

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

Epstein Becker & Green

You Are Excused: Force Majeure and the Workplace in the COVID-19 Era

In a matter of weeks, COVID-19 has changed the workplace. Travel restrictions, shelter-in-place orders, and mandatory closures have meant that it is far from business as usual for nearly all employers. ...more

Hogan Lovells

Health Emergency status by force majeure is declared due to COVID-19 and extraordinary measures are established

Hogan Lovells on

On March 31, 2020 an Agreement establishing the extraordinary actions that must be adopted to face the sanitary emergency generated by COVID-19, was published in the Federal Official Gazette (FOG). This Agreement was...more

Epstein Becker & Green

A World Turned Upside Down: Contract Performance During the COVID-19 Pandemic

Epstein Becker & Green on

Imagine these scenarios: - Your company cannot perform a contract because of the COVID-19 pandemic. - A vendor informs you that she cannot provide your company with necessary goods because of supply chain issues caused...more

Eversheds Sutherland (US) LLP

COVID-19 legal FAQ for data center operators

This legal FAQ addresses certain considerations for data center operators following the spread of, and the United States federal and state governments’ and the public’s reaction to, COVID-19 and its impact on businesses and...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Nossaman LLP

Force Majeure Events – Will Your Project Contract Require a Response To The Coronavirus Pandemic?

Nossaman LLP on

As the number of those impacted by the coronavirus (“COVID-19”) pandemic continues to grow, affected parties across all industries look for guidance on how to deal with this novel situation. Governments and private parties...more

Robinson+Cole Construction Law Zone

Potential Impacts of the Coronavirus Pandemic on Construction Projects

As the coronavirus/COVID-19 pandemic continues to spread and the governmental and private sectors formulate their responses, it has become apparent that the associated economic impacts will be significant and affect all...more

Burr & Forman

The Coronavirus Effect on Construction Projects

Burr & Forman on

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

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

Hogan Lovells

Coronavirus FAQ: Key corporate and commercial considerations

Hogan Lovells on

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

Cozen O'Connor

Keep Calm — and Look at Your Contract(s)

Cozen O'Connor on

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

Stinson - Government Contracting Matters

Force Majeure and the Coronavirus (COVID-19)

Generally speaking, entities that enter into contracts are bound to perform them. However, as matters evolve, the impacts of natural and man-made problems arising from the coronavirus (COVID-19) are being felt by customers,...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

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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