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Warner Norcross + Judd

Warner Client AirBoss Secures $3.5 Million Judgment in Trial Following Landmark Supreme Court Decision

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In a court opinion that borrowed at length from the infamous “My father made him an offer he couldn’t refuse” scene from The Godfather, Warner’s client AirBoss Flexible Products prevailed in a high-profile supply chain...more

Warner Norcross + Judd

Trial Courts Continue Grappling with When a Supplier is Bound to a Buyer’s Requirements of Products

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Over the past two years, federal and state courts have issued a series of decisions with important implications for supply chain contracts. Most notably, the appellate courts in the AirBoss and Higuchi cases provided guidance...more

Quarles & Brady LLP

MSSC v. Airboss Continues to Roil Automotive Supply Markets —  Sixth Circuit Reverses Preliminary Injunction Ordering Auto...

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Relying on a recent Michigan Supreme Court opinion, the Sixth Circuit Court of Appeals recently reversed a preliminary injunction requiring an auto supplier to supply products, holding that the parties’ purchase order...more

Warner Norcross + Judd

Ahead of the Curve Auto Supplier - What Type of Contract Did You Enter Into? Hybrid Automotive Supplier Contracts and the...

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Automotive supply contracts usually involve either the sale of goods or the provision of services. For that reason, determining what law applies to such contracts is often pretty simple — the Uniform Commercial Code (UCC)...more

Eversheds Sutherland (US) LLP

Why a decision out of Texas might have changed what qualifies as a force majeure event

MIECO LLC v. Pioneer Nat. Res. USA, Inc. - May a seller of energy invoke force majeure to excuse its non-performance under a delivery contract – a contract that obligates the seller to deliver a particular quantity of...more

Warner Norcross + Judd

Ahead of the Curve Auto Supplier - Time to Go to Court? Part II

When negotiating supply contracts, the logistics of possible future litigation may not be top of mind. No one wants to talk about the details of their divorce while they are still in the honeymoon stage. And while the topic...more

Kerr Russell

Changing suppliers in these changing times: Four steps for manufacturers to avoid legal pitfalls of re-sourcing supply

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With market volatility and supply chain constraints at record levels, manufacturers find themselves in unfamiliar territory with their supply base. As a consequence, manufacturers may need to protect production and reduce...more

Williams Mullen

Distressed Clients? Struggling Suppliers? Recession Risks? 7 Practical Considerations to Protect Your Bottom Line

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​​​​​​​Customers and suppliers may not willingly admit they are in distress, even when sources of economic pressure can be found everywhere. However, there are some practical steps you can take to increase your situational...more

Morgan Lewis - Tech & Sourcing

Considering Security, Audit, and Other Key Provisions When Your Supplier Shifts to a More Permanent Remote Work Model

With the COVID-19 pandemic, many industries experienced a major shift in how the personnel of key suppliers worked, with “nonessential” personnel in large part working remotely. When this shift to remote work first happened...more

Quarles & Brady LLP

Supply Chain Survival Series: Introduction (Article #1)

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It’s Friday at 3:00 p.m. at ABC Corp., and Mike from purchasing enters your office, slumping into his chair with a heavy sigh. Prime resin is in short supply. The next delivery will be weeks late, only half your order can be...more

Pullman & Comley, LLC

Battle of the Forms: A Cautionary Tale for Suppliers

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Your company has just been awarded its biggest contract ever and everyone in the sales department is joyously high-fiving each other. This contract for clips will put the company on a whole new growth trajectory now that Air...more

K&L Gates LLP

Litigation Minute: Legal Considerations for Supply Chain Disruptions

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The COVID-19 pandemic has disrupted supply chains around the world requiring many companies to adjust operations and their business. Supply chain litigation has not erupted as...more

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

Seyfarth Shaw LLP

Reemergence of the Doctrine of Temporary Impracticality or Frustration Under Section 269 of the Restatement (Second) of Contracts...

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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

Ruder Ware

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

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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

Burr & Forman

The Coronavirus Effect on Construction Projects

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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

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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

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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

Troutman Pepper Locke

Your Contracts in a Coronavirus World

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The coronavirus (COVID-19) pandemic continues to have a devastating impact on human health, life and economic activity around the world. The virus has caused severe disruptions to the global economy, including the banning of...more

Cozen O'Connor

Keep Calm — and Look at Your Contract(s)

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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

Chambliss, Bahner & Stophel, P.C.

You Thought It Was Merely "Boilerplate" — the Coronavirus and the Importance of Force Majeure Clauses

With the international spread of the coronavirus and the impact it is having on the supply chains, production, transport, and workforce of commercial entities, as well as the limitations posed for service providers of all...more

A&O Shearman

COVID-19: Force Majeure Event?

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Following the rapid spread of the novel coronavirus (“COVID-19”) that was first reported in Wuhan, China at the end of 2019, the World Health Organization declared COVID-19 to be a pandemic on March 11, 2020....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

Polsinelli

COVID 19 and Supply Chain Contracts

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Covid-19 has caused serious disruption to manufacturers’ ability to produce products and fill orders on a timely basis, which in turn has impeded the performance of countless supply chains....more

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