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  • videocam On-Demand Webinar
  • card_travel Commercial Law
  • schedule 90 minutes

Managing Supply Chain Risks in 2021: Insurance, Force Majeure, Rights and Contractual Obligations

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About the Course

Introduction

This CLE course will guide counsel on managing supply chain risks and liability in the global pandemic and uncertain economic climate. The panel will discuss what steps have worked most successfully for the past year to mitigate these risks. The panel will also address supply chain contract issues, including when and how COVID-19 may fall under the force majeure clause and offer practical tips when there is a supply chain disruption.

Description

The impact of COVID-19 on the global supply chains continues to be felt. As vaccination distribution rolls out and variants of the virus continue to circulate, the need for a robust supply chain is evident. Manufacturers and suppliers in China, other Asian countries, and Europe continue to operate below capacity and face challenges in obtaining governmental clearance, thereby leaving weak or broken links in the supply chains of many U.S. companies. Companies should review their contracts and insurance to determine when and how disruption claims may be most readily addressed.

Companies and their counsel need to consider what proactive steps should be taken to minimize their commercial and legal risks to keep plants operating, fill store shelves, and satisfy customer requirements for finished goods by reviewing what has been successful and what has not.

Listen as our authoritative panel examines the supply chain risks involved due to COVID-19 and what steps companies and their counsel can take to mitigate those risks. The panel will also address supply chain contract issues, including whether COVID-19 falls under the force majeure clause and practical tips when there is a disruption.

Presented By

Karyn A. Booth
Partner & Chair of Transportation Practice
Thompson Hine

Ms. Booth’s practice includes a full range of services with a focus on regulatory compliance and counseling; proceedings before regulatory agencies; transportation contracting; transportation security; legislation; and litigation/arbitration of transportation-related disputes. She represents multinational corporations, trade associations, and transportation intermediaries in domestic and international matters involving multimodal transportation and logistics services. Her practice covers the carriage of goods by rail, motor, vessel and air carriers. Chambers USA has recognized he as one of the leading lawyers nationwide who represent shippers in rail transportation matters, and she was also identified for her work in road transportation matters.

Jason D. Tutrone
Partner
Thompson Hine

Mr. Tutrone helps businesses develop and maintain safe, competitive, and efficient transportation capabilities by providing guidance on freight-transportation and aircraft transactions, compliance with transportation regulations, regulatory solutions to transportation challenges, and resolution of transportation-related disputes. His practice is multimodal, involving air, ocean, rail, and truck transportation, and covers domestic (U.S.) and international transportation. Mr. Tutrone's clients are shippers, including chemical manufacturers, fertilizer manufacturers, retailers, automotive manufacturers, and food producers; trade associations representing shippers; transportation intermediaries; aircraft owners and purchasers; and businesses that use or are affected by unmanned aircraft systems (UAS).

Dan Ujczo
Senior Counsel
Thompson Hine

Mr. Ujczo is a senior counsel in the firm’s International Trade and Transportation practice groups. His practice focuses on providing end-to-end counsel across clients’ Canada-U.S., North American and global supply chains. This trade counsel includes customs classification and compliance, utilization of preferential trade agreements such as the United States-Mexico-Canada Agreement (USMCA), tariff mitigation and exclusions, procurement issues such as Buy America/Buy American, and anti-dumping/countervailing duty issues. Mr. Ujczo also advises clients in the negotiating of transportation agreements, managing trusted trader and related security programs, and addressing issues at ports-of-entry.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, June 10, 2021

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Current status and impact of the COVID-19
  2. Government actions
  3. Risks to U.S. company supply chains
  4. Contingency planning to reduce disruption
  5. Managing contract obligations and legal risks
    1. Contract types
      1. Supplier contracts
      2. Customer contracts
      3. Transportation and logistics
    2. Contract reviews to determine rights and remedies
      1. Exclusivity
      2. Default
      3. Termination
      4. Liquidated damages
      5. Other
    3. Contract performance defenses
      1. Force majeure
      2. State law defenses
    4. Contracts going forward
  6. Transportation and logistics issues
  7. Continuing considerations

The panel will review these and other key issues:

  • Current risks posed by the spread of COVID-19 variants to supply chains
  • Contract considerations to help manage supply chain disruptions
  • Application of force majeure clauses to COVID-19
  • Impacts of COVID-19 and its variants on transportation and logistics services