Global Supply Chain Agreements: Force Majeure, Indemnification, Warranty, Termination, and Other Key Provisions
Allocating and Mitigating Risk, Addressing Disruption and Nonperformance
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
International
- event Date
Tuesday, November 24, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide counsel on the potential supply chain challenges due to COVID-19. The panel will discuss the steps to take to mitigate these emerging risks. The panel will address supply chain contract issues, including whether COVID-19 falls under the force majeure clause, and offer practical tips if there is a supply chain disruption. Our panel will discuss practical guidance for structuring these terms and best practices as disputes arise.
Mr. Munitz represents, advises, and counsels companies and individuals in a variety of matters including foreign investment, export compliance, international business transactions, FOCI, reviews by the Committee on Foreign Investment in the United States (CFIUS), and government contracting. He handles federal contracts, defense contracts, suspension and debarment, corporate transactions/contracts/agreements, international transactions, and mergers and acquisitions.
Mr. Ellis’ practice focuses on manufacturing and supply chain disputes, UCC, warranty claims, contract law, and business tort law. He also routinely counsels clients on a variety of commercial contract issues. He is a member of the firm’s Business Litigation & Dispute Resolution Practice and the Automotive Industry Team. Mr. Ellis has experience litigating disputes in state and federal courts on a wide range of matters, including warranty claims, breach of contract, tortious interference, misappropriation of trade secrets, breach of non-compete agreements, and other complex commercial disputes.
The current pandemic has brought to light the importance of global supply chain agreements. If a U.S. company has a supply agreement with an entity outside of the U.S. and COVID-19-related consequences have disrupted the supply chain, does a force majeure provision apply, and which law governs to make that determination?
Like all contracts, supply chain agreements devote considerable planning to address and allocate the risks of disruption and nonperformance. The potential for supply chain disruptions is immense, as demonstrated during the ongoing pandemic. Buyers and sellers must anticipate and implement protections in the wake of global disruptions from tariffs, trade wars, and the pandemic.
Companies and their counsel can take steps to minimize their commercial and legal risks through strong supply chain agreements.
Listen as our authoritative panel examines potential supply chain challenges due to COVID-19. The panel will discuss the steps to take to mitigate these emerging risks and address supply chain contract issues, including whether COVID-19 falls under the force majeure clause, and offer practical tips if there is a supply chain disruption. Our panel will discuss practical guidance for structuring these terms and best practices as disputes arise.
- Critical commercial terms in supply chain agreements
- Risk mitigation provisions
- Consequential damages disclaimers
- Indemnification
- Force majeure
- Termination
- Warranties
- Managing contract obligations and legal risks
- Contract reviews to determine rights and remedies
- Contract performance defenses
- Contracts going forward
- Practical considerations and lessons from the pandemic
The panel will review these and other key issues:
- Contract considerations to help manage supply chain disruptions
- When and how do force majeure provisions apply during COVID-19? What law governs the application?
- What is the role of the indemnification provision, and how does it differ from the warranty?
