Commercial Contracts Under the New Section 301 Tariffs: Allocating Costs and Supply Chain Risk

Mr. Husisian is a partner and litigation attorney with Foley & Lardner LLP. He is chair of the firm’s International Trade and National Security Practice, focusing on both international trade and international regulatory issues. Mr. Husisian regularly counsels clients regarding international regulatory issues posed by the Office of Foreign Assets Control (OFAC) and other economic sanctions, export controls issues posed by the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR), and anticorruption issues posed by the Foreign Corrupt Practices Act (FCPA) and other anticorruption laws. He also represents companies with national security concerns in acquisitions before the Committee on Foreign Investment in the United States (CFIUS). As a member of the Foley Government Enforcement Defense & Investigations Practice, the co-chair of the Foley Automotive Team, and a member of the Foley International Team, Mr. Husisian's practice encompasses all aspects of international regulation of exports and international conduct, including counseling, compliance, training, investigations, and enforcement actions/self-disclosures. He has authored a guide to international compliance best practices and risk-assessment toolkits designed to help multinational companies identify and manage their international regulatory risk.

Ms. Imbrogno is a partner, supply chain attorney, and commercial litigator with Foley & Lardner LLP. She assists corporate clients, specifically manufacturing and automotive companies, throughout all phases of complex commercial litigation, mediation, arbitration, and international arbitration. Ms. Imbrogno also specializes in negotiating and drafting supply chain contracts. She has successfully litigated and tried cases in state and federal courts, and various domestic and international arbitration venues. Ms. Imbrogno is a member of Foley’s Manufacturing Sector and Commercial Litigation Practice Group. She has substantial experience in breach of contract, supply chain, warranty, recall and products liability litigation, as well as in defending manufacturers against class actions and managing trade secret claims and shareholder disputes. Ms. Imbrogno also supports clients through all phases of commercial negotiation and mediation, with the goal of prompt and creative resolution of business disputes.

Ms. Miller is a litigation partner with Foley & Lardner LLP and Chair of the firm’s national Automotive Team, as well as on the advisory committee of the firm’s Manufacturing Sector. She served as a former chair of the Detroit office’s Litigation Department. Ms. Miller's practice focuses on a wide array of supply chain disputes, including breach of contract and warranty claims, automotive supply chain issues and maintaining continuity of supply, defending manufacturers against class actions, trade secret misappropriation claims and business torts. Recognized as a nationally ranked top lawyer by Chambers for Transportation: Road (Automotive) for the past two years, showcasing her deep expertise and leadership in the field. Ms. Miller has successfully managed, litigated and tried cases in state and federal courts, as well as handled appellate proceedings. She has significant experience handling complex international arbitrations in various venues, including the Court of Arbitration of the International Chamber of Commerce (ICC), the American Arbitration Association (AAA), the Judicial Arbitration and Mediation Services Inc. (JAMS) and the Singapore International Arbitration Centre (SIAC). Ms. Miller also has represented clients in commercial mediations, resulting in early resolution of legal disputes and creative business solutions for parties continuing to do business together. In addition to her litigation, international arbitration and mediation experience, she regularly counsels clients on various commercial contracts, supply chain agreements, supply chain shortages, force majeure issues, pricing disputes and related negotiations.