Description
Force majeure clauses, traditionally focused on "acts of God," now must consider a broader scope of coverage. The panel will explore triggering events, causation, notice, and relief, and how these elements should account for modern challenges, including climate regulation and events, cyber incidents, supply chain failures, and tariffs. The session will compare U.S. and international approaches.
The program will examine indemnification and warranty provisions as risk management tools that intersect with force majeure protections. The panel will touch on structuring indemnity for third-party and direct claims, shifting liability, and jurisdictional enforcement limits. The experts will cover warranty clauses vis-à-vis supply disruptions and environmental carve-outs, as well as aligning warranty clauses with indemnity and force majeure language.
Listen as our expert panel guides you through issues and applications for these crucial clauses, discussing lessons from recent case law, drafting red flags, and strategies for integrating these provisions.
Presented By
Ms. Noble is a trial lawyer with extensive experience representing clients in complex commercial disputes, breach of contract cases, and business torts in state and federal trial and appellate courts. With a strategic approach to litigation, she provides insightful counsel to corporations, organizations, and individuals navigating high-stakes disputes. Before rejoining Vinson & Elkins, Ms. Noble served as an Assistant United States Attorney in the Western District of Texas, where she took numerous cases to trial in federal court, gaining invaluable courtroom experience. During her tenure, she led high-stakes cases on both sides of litigation—representing the government as a defendant against challenges to federal regulations and enforcing violations of federal law as plaintiff.
Ms. Rodriguez-Taseff has extensive experience as lead counsel handling state and federal jury and non-jury trials, arbitrations and administrative trials. She is fully fluent in written and spoken Spanish and has actively represented corporate and individual interests in international matters and legal disputes involving Asia, Latin America and Europe. Ms. Rodriguez-Taseff has vast experience in the areas of project and litigation management, including leading litigation teams from the inception of matters to conclusion.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, August 12, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Introduction
A. Why these clauses matter
II. Force majeure clauses
A. Traditional scope vs. modern threats (climate, war, tariffs, cyber)
B. Drafting elements: triggering events, causation, notice, duration, relief
C. Key cases and trends post-COVID
D. International considerations
III. Indemnity clauses
A. Third-party vs. direct claims
B. Shifting liability for regulatory risk, tariffs, cyber events
C. Enforceability and limitations by jurisdiction
IV. Warranty clauses
A. Scope and disclaimers in disrupted supply chains
B. Drafting carve-outs for climate or performance-limiting conditions
C. Intersection with indemnity and FM provisions
V. Practical drafting tips and red flags
A. Integrating these clauses holistically
B. Common pitfalls in contracts (boilerplate risk, missing mitigation terms)
C. Choice of law and jurisdiction impact
The panel will review these and other important issues:
- Emerging legal risks that must be addressed in force majeure clauses
- Drafting enforceable indemnity provisions
- Intersecting warranty language with performance and liability risks
- Recent case law and industry practices in drafting these protective clauses
- Jurisdictional differences internationally
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