Partner Sarah Rathke is pleased to be speaking in an upcoming Strafford live video webinar, "Supply Chain Litigation: Mitigating Risks via Contracts" on Tuesday, March 15. This CLE webinar will provide counsel with updates on recent decisions in supply chain litigation claims.
COVID-19 has disrupted supply chains worldwide, requiring many companies to adjust operations and their business. Supply chain litigation has not erupted as companies seek commercial solutions, recognizing that there is little to gain from litigation when they are still dependent on those same suppliers to restock them and stay in business. However, companies are reevaluating their contractual rights and defenses in anticipation of litigation becoming more common or appealing.
The panel will discuss how throughout 2021, 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.
We 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 non-litigation remedies and pursue litigation when supply chain suppliers default?