Global Supply Chain Agreements: Force Majeure, Indemnification, Warranty, Termination, and Other Key Provisions
Allocating and Mitigating Risk, Addressing Disruption and Nonperformance
Recording of a 90-minute CLE video webinar with Q&A
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.
Outline
- 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
Benefits
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?
Faculty
Nicholas J. Ellis
Partner
Foley & Lardner
Mr. Ellis’ practice focuses on manufacturing and supply chain disputes, UCC, warranty claims, contract law, and... | Read More
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.
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Adam Munitz
Partner
Fluet Huber + Hoang
Mr. Munitz represents, advises, and counsels companies and individuals in a variety of matters including foreign... | Read More
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.
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