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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
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
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
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
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
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
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
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
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
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
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
In the wake of Covid-19, litigants have increasingly sought to excuse contractual performance by invoking force majeure clauses or the doctrine of impossibility. Yet despite the numerous (and creative) Covid-19-related...more
BB&K Attorney Todd Gee Shares Key Actions During a Pandemic in the Southern California Newspaper Group - The COVID-19 outbreak is a striking example of how something unexpected can upend a wide variety of industries in an...more
In a previous client alert, we described the contractual issues that companies should assess under force majeure clauses in their existing contracts in light of the COVID-19 pandemic caused by the novel coronavirus and...more
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