Global Supply Chain Agreements: Force Majeure, Indemnification, Warranty, Termination, and Other Key Provisions

Allocating and Mitigating Risk, Addressing Disruption and Nonperformance

A live 90-minute CLE webinar with interactive Q&A


Tuesday, November 24, 2020

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, October 30, 2020

or call 1-800-926-7926

This CLE webinar 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.

Description

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.

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Outline

  1. Critical commercial terms in supply chain agreements
  2. Risk mitigation provisions
    1. Consequential damages disclaimers
    2. Indemnification
    3. Force majeure
    4. Termination
    5. Warranties
  3. Managing contract obligations and legal risks
    1. Contract reviews to determine rights and remedies
    2. Contract performance defenses
    3. Contracts going forward
  4. 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

Ellis, Nicholas
Nicholas J. Ellis

Senior Counsel
Foley & Lardner

Mr. Ellis’ practice focuses on manufacturing and supply chain disputes, UCC, warranty claims, contract law, and...  |  Read More

Munitz, Adam
Adam Munitz

Partner
Fluet Huber + Hoang

Mr. Munitz represents, advises, and counsels companies and individuals in a variety of matters including foreign...  |  Read More

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