News & Analysis as of

Supply Contracts

Akin Gump Strauss Hauer & Feld LLP

Take or Pay: Does the Law of Penalties Apply?

Q2 2020 saw a tangible increase in the number of queries from clients asking about the enforceability of take or pay clauses common in supply agreements. Intermingled with questions around force majeure, the key issue appears...more

Morgan Lewis

UK Corporate Insolvency and Governance Act 2020: Protection for Cape Town-Registered Interests

Morgan Lewis on

The Corporate Insolvency and Governance (CIG) Act 2020, which was enacted on 25 June 2020, introduces a number of permanent changes to the insolvency and restructuring framework in the United Kingdom, some of which have...more

Pillsbury Winthrop Shaw Pittman LLP

As the Country Slowly Reopens, Opportunities to Do Business with the Government Look Increasingly Attractive

The U.S. Government spends billions annually on procuring goods and services, frequently using streamlined methods. As one of the largest owners and lessees of real property in the country, the U.S. Government may be an...more

Society of Corporate Compliance and Ethics...

Apple may shift some production to India under PLI scheme

Report on Supply Chain Compliance 3, no. 11 (May 28, 2020) - The Indian government announced a productivity-linked incentives (PLI) scheme to attract electronics manufacturers to shift production to India. Apple Inc. is...more

Goodwin

UK Corporate Insolvency and Governance Bill Proposes Significant Changes to Law

Goodwin on

The Corporate Insolvency and Governance Bill (the Bill) had its first reading in the House of Commons on Wednesday 20 May 2020. It will next be considered on 3 June. It is expected to be enacted into law in late June or early...more

Akin Gump Strauss Hauer & Feld LLP

Corporate Insolvency and Governance Bill

The Corporate Insolvency and Governance Bill (the “Bill”) was laid before Parliament on 20 May 2020 and represents the most extensive changes in the insolvency landscape since the Enterprise Act came into force in 2003. Many...more

Vandeventer Black LLP

Payments Due Subcontractors and Suppliers in Virginia

Vandeventer Black LLP on

Virginia’s law on the payment of subcontractors and suppliers just got some muscles. For years, Virginia had a statute that made it a crime for any contractor or subcontractor “with the intent to defraud” to retain or use...more

Weil, Gotshal & Manges LLP

UK Corporate Insolvency and Governance Bill: Highlights

On Wednesday 20 May, the Government published the highly anticipated Corporate Insolvency and Governance Bill (the “CIGB”). It legislates for the landmark changes to the UK’s corporate insolvency regime and the temporary...more

McDermott Will & Emery

Checklist Relating to Issuing and Responding to Force Majeure Notice Letters

Given the current environment, it is crucial to be aware of your contractual rights, potential exposures and legal remedies. This checklist provides some suggestions on best practices for providing notice of force majeure or...more

K&L Gates LLP

COVID-19: IP Strategies for Universities and Nonprofits During the Pandemic – Mitigating Patent Infringement Risks When Making PPE...

K&L Gates LLP on

The rapid emergence of COVID-19 — and the limited and diminishing supply of healthcare resources needed to treat patients and protect healthcare providers — has many public and private universities and other nonprofit...more

Dechert LLP

COVID-19: Suspension of Contractual Rights and Obligations in Singapore (and Possibly Soon Elsewhere)

Dechert LLP on

Contractual rights agreed in the past may look very different today and may not be enforceable tomorrow, but (strangely) could be in the future. Such are the historic times we are living through. ...more

Schiffer Hicks Johnson

Update: Force Majeure Provisions in the Age of COVID-19

Schiffer Hicks Johnson on

As the COVID-19 crisis and its economic fallout intensify, contractual parties have increasingly invoked force majeure provisions to excuse performance of contracts. This article is a follow up to Schiffer Hicks Johnson’s...more

Hogan Lovells

Dealing with supply interruptions and restrictions due to COVID-19 in German Law

Hogan Lovells on

The coronavirus SARS-CoV-2 ("COVID-19") is a stress test for many supply chains. The associated restrictions have the potential to disrupt production processes and confront manufacturers and suppliers alike with considerable...more

Dentons

Contracting authorities – act now to safeguard supplies during the COVID-19 outbreak

Dentons on

The government has issued guidance for public bodies on the payment of suppliers to ensure cash flow, job protection and continuity of service (both during and after the coronavirus crisis) and to reduce insolvencies. In...more

Foley Hoag LLP

How the Emergency Law Intends to Enhance Sustainability of Business Contracts

Foley Hoag LLP on

The magnitude of the disruption caused by Covid-19 to the economy has a very significant impact on business contracts and in particular triggers an increase of the number of breaches. This situation undermines businesses and...more

Dentons

Legal updates on arbitration and for the building and construction industry (Singapore)

Dentons on

On 7 April 2020, Parliament passed the COVID-19 (Temporary Measures) Act 2020 (the “Act”). The Act seeks to ameliorate the impact of COVID-19 on businesses and individuals who are unable to fulfil their contractual...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

Katten Muchin Rosenman LLP

Force Majeure: Friend or Foe Amidst COVID-19

This Katten advisory considers how UK businesses could seek to rely on the principles of force majeure or frustration to suspend or end performance of contractual obligations (without liability) should that be required in...more

Nossaman LLP

Protecting Your Business Operations During a Global Pandemic

Nossaman LLP on

The global impact of COVID-19 increases by the day.  Supply chains, manufacturing and transportation are being significantly disrupted while businesses’ rights and obligations under contracts are coming into sharp focus. ...more

Hinshaw & Culbertson - Insights for Insurers

COVID-19, Broken Supply Chains, and Force Majeure

The coronavirus (COVID-19) pandemic—alone or coupled with government orders limiting activities—has impacted the ability of many businesses to maintain operations and to fulfill contractual obligations. Over the past few...more

Hogan Lovells

[Webinar] COVID-19 and the supply chain – contracts and force majeure - March 26th, 4:30 pm - 5:30 pm GMT

Hogan Lovells on

One of a series of live webinars to help clients to respond to the impact of the global coronavirus pandemic on their business. In 45 minutes we will provide: An overview of legal and practical issues for global supply...more

Jackson Lewis P.C.

OFCCP Grants Exemption And Waiver For New Coronavirus Relief Contracts

Jackson Lewis P.C. on

In a Memorandum issued this week, OFCCP has granted a three-month, national interest exemption and waiver from AAP obligations for new federal contracts “entered into specifically to provide Coronavirus relief.” In...more

Cole Schotz

Is Your Force Majeure Or Unavoidable Delay Notice Ready?

Cole Schotz on

As the novel coronavirus, known as COVID-19, and the associated illness spreads around the world and the number of confirmed cases in the United States rises, disruptions to construction projects are inevitable. These...more

Ruder Ware

COVID-19: What Effect Does the Global Pandemic Have on Contract Rights and Obligations

Ruder Ware on

We are living in uncertain times as the effects of the COVID-19 virus pandemic and resulting governmental restrictions on economic activity and daily life take hold. Not surprisingly, many businesses are facing key decisions...more

Foley & Lardner LLP

Managing the Commercial Impact of the Coronavirus: Implications for the Technology Industry

Foley & Lardner LLP on

The coronavirus (also known as COVID-19) has now been documented in more than 100 countries and territories. As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world,...more

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