Managing Supply Chain Risks in 2021: Insurance, Force Majeure, Rights and Contractual Obligations

Recording of a 90-minute CLE video webinar with Q&A


Conducted on Thursday, June 10, 2021

Recorded event now available

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Course Materials

This CLE course will guide counsel on managing supply chain risks and liability in the global pandemic and uncertain economic climate. The panel will discuss what steps have worked most successfully for the past year to mitigate these risks. The panel will also address supply chain contract issues, including when and how COVID-19 may fall under the force majeure clause and offer practical tips when there is a supply chain disruption.

Description

The impact of COVID-19 on the global supply chains continues to be felt. As vaccination distribution rolls out and variants of the virus continue to circulate, the need for a robust supply chain is evident. Manufacturers and suppliers in China, other Asian countries, and Europe continue to operate below capacity and face challenges in obtaining governmental clearance, thereby leaving weak or broken links in the supply chains of many U.S. companies. Companies should review their contracts and insurance to determine when and how disruption claims may be most readily addressed.

Companies and their counsel need to consider what proactive steps should be taken to minimize their commercial and legal risks to keep plants operating, fill store shelves, and satisfy customer requirements for finished goods by reviewing what has been successful and what has not.

Listen as our authoritative panel examines the supply chain risks involved due to COVID-19 and what steps companies and their counsel can take to mitigate those risks. The panel will also address supply chain contract issues, including whether COVID-19 falls under the force majeure clause and practical tips when there is a disruption.

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Outline

  1. Current status and impact of the COVID-19
  2. Government actions
  3. Risks to U.S. company supply chains
  4. Contingency planning to reduce disruption
  5. Managing contract obligations and legal risks
    1. Contract types
      1. Supplier contracts
      2. Customer contracts
      3. Transportation and logistics
    2. Contract reviews to determine rights and remedies
      1. Exclusivity
      2. Default
      3. Termination
      4. Liquidated damages
      5. Other
    3. Contract performance defenses
      1. Force majeure
      2. State law defenses
    4. Contracts going forward
  6. Transportation and logistics issues
  7. Continuing considerations

Benefits

The panel will review these and other key issues:

  • Current risks posed by the spread of COVID-19 variants to supply chains
  • Contract considerations to help manage supply chain disruptions
  • Application of force majeure clauses to COVID-19
  • Impacts of COVID-19 and its variants on transportation and logistics services

Faculty

Booth, Karyn
Karyn A. Booth

Partner & Chair of Transportation Practice
Thompson Hine

Ms. Booth’s practice includes a full range of services with a focus on regulatory compliance and counseling;...  |  Read More

Tutrone, Jason
Jason D. Tutrone

Attorney
Thompson Hine

Mr. Tutrone advises multinational corporations, trade associations, and transportation intermediaries on domestic and...  |  Read More

Ujczo, Dan
Dan Ujczo

Senior Counsel
Thompson Hine

Mr. Ujczo is a senior counsel in the firm’s International Trade and Transportation practice groups. His practice...  |  Read More

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