Supply Chain Litigation: Mitigating Risks via Contracts
Drafting Force Majeure Reps and Warranties and Foreseeability Provisions; Seeking Injunctive Relief
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide counsel with updates on recent decisions in supply chain litigation claims. The panel will discuss how throughout 2021 and early 2022, companies engaged in contract litigation saw increasing skepticism from courts that COVID-19 was "unforeseeable" and whether force majeure clauses provide a defense to parties whose business operations were impacted by COVID-19. The webinar will also consider the international view of developments in regulatory risks relating to environment, social, and governance (ESG) and how these are managed in the supply chain.
Outline
- Supply chain disruptions
- Claims
- Timing failures
- Defenses
- Force majeure
- Claims
- Trends in litigation
- Commercial considerations for alternatives to litigation
Benefits
The panel will discuss these and other relevant topics:
- What are the recent trends in supply chain litigation?
- What should supply chain contracts include regarding the timing of deliverables in light of global disruptions?
- How can a force majeure provision be drafted to provide an enforceable defense?
- When should companies abandon commercial negotiations and pursue litigation when suppliers default?
- What are the latest trends in relation to ESG and supply chain risk management?
Faculty

Jonathan Chibafa
Director
Squire Patton Boggs
Mr. Chibafa specializes in global investigations, financial crime, compliance, and risk management. He is a highly... | Read More
Mr. Chibafa specializes in global investigations, financial crime, compliance, and risk management. He is a highly regarded anti-bribery and corruption risk expert. Mr. Chibafa has extensive industry experience having held senior compliance roles at a FTSE 100 retailer and a multinational pharmaceutical company. He has also worked as a consultant advising several Fortune 500 companies. Mr. Chibafa has implemented business integrity programs for companies under regulatory scrutiny from the U.S. and UK authorities. His expertise extends to advising on sanctions, anti-money laundering, anti-tax evasion, Modern Slavery, and broader reputational risk. Mr. Chibafa has worked with commercial leadership teams and compliance professionals in more than 40 countries. He has designed risk control frameworks, conducted in-market compliance assessments, and advised on risk mitigation in a broad range of jurisdictions.
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Vanessa L. Miller
Partner
Foley & Lardner
Ms. Miller’s practice focuses on general manufacturing breach of contract and warranty disputes, automotive... | Read More
Ms. Miller’s practice focuses on general manufacturing breach of contract and warranty disputes, automotive supply chain disputes, product liability lawsuits, trade secret claims, and business torts. Ms. Miller defends consumer class actions involving claims of breach of contract, breach of warranty, fraud, negligence, and unjust enrichment. Ms. Miller also routinely counsels clients on various commercial contract documents and supply chain issues. She is a member of the firm’s Business Litigation & Dispute Resolution Practice, Automotive Industry Team and Manufacturing Industry Team.
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