5 Key Takeaways | Contractual Approaches to Supply Chain Disputes: Is it Time for a New Paradigm?
COVID-19 Updates: Arizona Employment Law Issues
In our previous article, we discussed the concept of force majeure, which can excuse parties from performing their contractual obligations in certain circumstances. As explained in that article, force majeure is a contractual...more
The ongoing conflict in Ukraine has had a significant impact on commercial activity for many organizations on a local and international scale. Organizations with commercial operations in the region (both Ukraine and Russia)...more
Thomas G. Allen, Kilpatrick Townsend Partner and Global Lead for International Disputes, discussed supply chain disputes and provided strategies for managing future contracts during his recent presentation at the Asia Annual...more
To say that COVID-19 has wrought havoc on automotive supply chains this year may be an understatement. With significant portions of their supply chains located in China, automotive suppliers and their customers had to contend...more
To say that COVID-19 has wrought havoc on automotive supply chains over the last 8-12 months may be an understatement. With significant portions of their supply chain located in China, automotive suppliers and their...more
Plaintiff’s lawyers trying to capitalize on the chaos created by the COVID-19 pandemic have filed class action lawsuits against companies who own and/or operate fitness and health clubs. The lawsuits seek refunds of assessed...more
Since the outbreak of the COVID-19 pandemic, local municipalities and state governments throughout the country have implemented stay-at-home orders and mandated closures of businesses and restaurants to lower the spread of...more
As a result of COVID-19, landlords and tenants are coming face-to-face with legal theories that they may never have encountered before, such as force majeure, frustration of purpose, impossibility of performance,...more
Never in the experience of most of us has an event so thoroughly interrupted business as usual as the coronavirus pandemic. The wine business runs on contracts: grape purchase agreements, event hosting contracts, vineyard...more
Sweepstakes, contests, raffles, and other promotions can be a fantastic way to engage with your customers and build brand awareness. Many companies have launched such promotions prior to COVID-19 and may now wish to cancel or...more
As previously discussed, the applicability of force majeure clauses (as well as similar defenses to contract enforceability such as impossibility and impracticability) in light of the COVID-19 pandemic requires detailed...more
Tenants and landlords should consider whether certain provisions such as force majeure, frustration of purpose, and/or impracticability of performance can protect them under current leases—and whether to include such...more
As a result of the COVID-19 pandemic, companies are facing a wide array of business challenges, many of which would likely not have been contemplated a few weeks ago. These challenges increasingly include government-ordered...more
This presentation provides a brief overview of common employment issues Arizona companies are currently facing as they navigate the unforeseeable consequences COVID-19 has had on their businesses....more
While the new coronavirus disease (COVID-19) outbreak has already caused unprecedented and far-reaching negative consequences, foremost for many businesses is the difficulty or impossibility of carrying out contractual...more
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
Will Financial Impacts from COVID-19 Pandemic Suffice to Breach a Contract Under a Force Majeure Clause?Force majeure clauses in contracts are intended to allow performing parties to avoid liability if certain natural or...more
As governments around the world work to contain the COVID-19 pandemic and the public is reintroduced to the phrase “shelter-in-place,” another age-old term has quickly emerged as the clause du jour in commercial contracts:...more
Disrupted supply chains and state-mandated closures caused by the COVID-19 pandemic are forcing New Jersey businesses to evaluate existing contracts to determine whether they may be entitled to any relief. Most commercial...more
For buyers and sellers of goods, the COVID-19 pandemic is causing increasing disruption to supply chains on a local, national and international level. Factories have been shut down, workforces have been downsized, flights...more
Depending upon specific contract language and case-by-case facts and circumstances, there are certain legal doctrines available to excuse delay in performance or non-performance of contractual obligations caused by COVID-19....more
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
The outbreak of the coronavirus and its related disease, COVID-19, has upended much of our daily lives, from supply chains, to schools, to sports. And as the pandemic and its economic fallout continue, many businesses are...more
It is important to consider how the coronavirus (COVID-19) may affect your business relationships. Every situation and contract will be different, requiring its own assessment and consideration of risks and how to respond....more
A Review of U.S. Law on Force Majeure, Frustration of Purpose, Impracticability and Impossibility - The current outbreak of COVID-19 coronavirus, recognized by the World Health Organization as a global pandemic, has...more