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Navigating Tariff-Driven Litigation: Contract Clauses and Defense Strategies

Tariff law fundamentals, court challenges to presidential authority, and contractual strategies for mitigating trade risks in international agreements.

2025-11-07 13:00:00

Program Details

2025-11-07 13:00:00

Program Details

2025-11-07 13:00:00

Over 1,000+ webinars

2025-11-07 13:00:00

Course Overview

Navigating Tariffs in Commercial Contracts

2025-11-07 13:00:00

Participants will learn legal strategies for managing tariff-related risks in international trade agreements. These tools enable attorneys to protect clients through proactive contract drafting and duty mitigation techniques.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Tariff Authority
Presidential tariff powers under IEEPA, Section 232, and Section 301.
02
Court Challenges
Recent litigation challenging IEEPA tariffs and pending Supreme Court review.
03
Contractual Defenses
Force majeure, frustration of purpose, impossibility, and impracticability doctrines.
04
Tariff Stacking
How multiple tariff categories apply simultaneously to imported goods.
05
Risk Mitigation
Short-term and long-term strategies including first sale rule and supply chain diversification.
06
Trade Agreements
Critical provisions in NDAs, manufacturing agreements, and licensing arrangements.

Program schedule

clock 1:00 pm - 1:30 pm EST

Tariff Law Framework and Recent Court Challenges

This session examines the legal foundations of tariffs and duties, including presidential authority under IEEPA, Section 232, and other statutes. Attorneys will analyze recent court challenges to Trump administration tariffs, including the VOS Selections case and pending Supreme Court arguments that could reshape executive tariff powers.

Jonathan P. BenchJonathan P. Bench
Ngosong FonkemNgosong Fonkem
Griffen J. ThorneGriffen J. Thorne
clock 1:30 pm - 2:00 pm EST

Performance-Based Contractual and Common-Law Defenses

Explore how force majeure clauses, frustration of purpose, impossibility, and impracticability defenses apply in the tariff context. Learn why these defenses are typically fallback positions rather than primary solutions, and how post-COVID contract drafting has evolved to address government actions and economic disruptions.

Jonathan P. BenchJonathan P. Bench
Ngosong FonkemNgosong Fonkem
Griffen J. ThorneGriffen J. Thorne
clock 2:10 pm - 2:40 pm EST

Contractual Risk Mitigation Strategies for Tariffs

Discover short-term duty mitigation tactics including invoice review, agricultural exemptions, first sale rules, and Annex 2 exemptions. The session also covers long-term strategies such as supply chain diversification, nearshoring considerations, and the critical importance of proper documentation with customs brokers.

Jonathan P. BenchJonathan P. Bench
Ngosong FonkemNgosong Fonkem
Griffen J. ThorneGriffen J. Thorne
clock 2:40 pm - 3:10 pm EST

Avoiding Pitfalls in International Trade Agreements

Navigate the complexities of international trade documentation from NDAs and NNN agreements through joint ventures, manufacturing contracts, and licensing arrangements. Learn about critical exhibits, transfer pricing considerations, and how to structure agreements that provide flexibility in today’s volatile trade environment.

Jonathan P. BenchJonathan P. Bench
Ngosong FonkemNgosong Fonkem
Griffen J. ThorneGriffen J. Thorne
Jonathan P. Bench

Jonathan P. Bench

Kirton McConkie PC

Ngosong Fonkem

Ngosong Fonkem

Amundsen Davis LLC

Griffen J. Thorne

Griffen J. Thorne

Lewis Brisbois Bisgaard & Smith LLP

Jonathan P. Bench

Jonathan P. Bench

Kirton McConkie PC

Jonathan Bench assists companies, entrepreneurs, and investment funds in international and domestic commercial transactions, with extensive experience in mergers and acquisitions, joint ventures, financing, and foreign direct investments. He has particular expertise in emerging technologies including generative AI and blockchain, and represents clients across global supply chain structuring projects.

Recognition & Leadership

Recognized as a top author on Lexology and received accolades from various industry groups as a prominent lawyer. Named to Utah's Legal Elite 100 and described as 'an excellent attorney but also a thought leader in two very different industries: international business and blockchain.'

Professional Involvement

Serves on various boards and dedicates time to mentoring entrepreneurs and students through several nonprofit organizations. Sought-after speaker and writer for national and global organizations on U.S. and international business development.

Experience

Has worked and consulted in the U.S., Asia, and South America. Fluent in Chinese and Cantonese. Has written over 150 blog posts and articles and presented on various business and legal topics over 80 times on four continents. Represents manufacturers, brokers, and retailers in global supply chain projects, as well as AI tool developers and blockchain companies including layer-2 developers, international DAO communities, NFT artists, metaverse companies, and celebrity brand influencers.
Ngosong Fonkem

Ngosong Fonkem

Amundsen Davis LLC

Ngosong Fonkem provides legal consultation to domestic and foreign companies by facilitating market access for U.S. and international markets, with extensive experience managing U.S. customs tariff and duty matters and supporting companies with import and export compliance.

Education & Credentials

Former law professor at the oldest private university in Malaysia. Continues to teach courses on international trade and global business as an adjunct professor at St. Norbert College Schneider School of Business.

Recognition & Leadership

Has authored numerous articles on trade-related topics in peer-reviewed law journals, business journals, and magazines. Co-authored a book on international trade and geopolitics titled 'Trade Crash: A Primer on Surviving and Thriving in Pandemics & Global Trade Disruption.'

Professional Involvement

Frequently speaks on international trade-related business and legal issues and regularly makes presentations in the U.S. and abroad.

Experience

Provides support with import classification, duty mitigation, and interactions with Customs and Border Protection, FDA, and USDA, as well as guidance on export regulations including OFAC, ITAR, and BIS/EAR. Assists companies of all sizes with day-to-day compliance with U.S. trade laws and related audits, investigations, and civil enforcement proceedings. Previously served as an energy intelligence management consultant in Southeast Asia.
Griffen J. Thorne

Griffen J. Thorne

Lewis Brisbois Bisgaard & Smith LLP

Griffen Thorne is a corporate and transactional attorney and Chair of the Lewis Brisbois Cannabis, Hemp, and Regulated Substances Practice, guiding businesses through M&A, corporate transactions, and real estate matters.

Education & Credentials

Studied music at the University of California, Berkeley. Studied law at Loyola University of Chicago, where he was Editor-in-Chief of the Loyola University Chicago Law Journal and graduated third in his class of 250 students.

Recognition & Leadership

Designated as an expert in cannabis litigation. Regularly contributes to legal and industry publications, leads panels, and provides insights to media outlets including the Washington Post, The Atlantic, The Guardian, MarketWatch, Bloomberg Law, and Law360.

Experience

Years of experience representing entrepreneurs, investors, startups, financial institutions, and operating businesses in the cannabis and hemp industries in transactional, licensing, and regulatory matters. Also represents clients in healthcare, franchising, cryptocurrency and technology, international manufacturing and sales, and other domestic and international industries.
Jonathan P. Bench

Jonathan P. Bench

Kirton McConkie PC

Jonathan Bench assists companies, entrepreneurs, and investment funds in international and domestic commercial transactions, with extensive experience in mergers and acquisitions, joint ventures, financing, and foreign direct investments. He has particular expertise in emerging technologies including generative AI and blockchain, and represents clients across global supply chain structuring projects.

Recognition & Leadership

Recognized as a top author on Lexology and received accolades from various industry groups as a prominent lawyer. Named to Utah's Legal Elite 100 and described as 'an excellent attorney but also a thought leader in two very different industries: international business and blockchain.'

Professional Involvement

Serves on various boards and dedicates time to mentoring entrepreneurs and students through several nonprofit organizations. Sought-after speaker and writer for national and global organizations on U.S. and international business development.

Experience

Has worked and consulted in the U.S., Asia, and South America. Fluent in Chinese and Cantonese. Has written over 150 blog posts and articles and presented on various business and legal topics over 80 times on four continents. Represents manufacturers, brokers, and retailers in global supply chain projects, as well as AI tool developers and blockchain companies including layer-2 developers, international DAO communities, NFT artists, metaverse companies, and celebrity brand influencers.
Ngosong Fonkem

Ngosong Fonkem

Amundsen Davis LLC

Ngosong Fonkem provides legal consultation to domestic and foreign companies by facilitating market access for U.S. and international markets, with extensive experience managing U.S. customs tariff and duty matters and supporting companies with import and export compliance.

Education & Credentials

Former law professor at the oldest private university in Malaysia. Continues to teach courses on international trade and global business as an adjunct professor at St. Norbert College Schneider School of Business.

Recognition & Leadership

Has authored numerous articles on trade-related topics in peer-reviewed law journals, business journals, and magazines. Co-authored a book on international trade and geopolitics titled 'Trade Crash: A Primer on Surviving and Thriving in Pandemics & Global Trade Disruption.'

Professional Involvement

Frequently speaks on international trade-related business and legal issues and regularly makes presentations in the U.S. and abroad.

Experience

Provides support with import classification, duty mitigation, and interactions with Customs and Border Protection, FDA, and USDA, as well as guidance on export regulations including OFAC, ITAR, and BIS/EAR. Assists companies of all sizes with day-to-day compliance with U.S. trade laws and related audits, investigations, and civil enforcement proceedings. Previously served as an energy intelligence management consultant in Southeast Asia.
Griffen J. Thorne

Griffen J. Thorne

Lewis Brisbois Bisgaard & Smith LLP

Griffen Thorne is a corporate and transactional attorney and Chair of the Lewis Brisbois Cannabis, Hemp, and Regulated Substances Practice, guiding businesses through M&A, corporate transactions, and real estate matters.

Education & Credentials

Studied music at the University of California, Berkeley. Studied law at Loyola University of Chicago, where he was Editor-in-Chief of the Loyola University Chicago Law Journal and graduated third in his class of 250 students.

Recognition & Leadership

Designated as an expert in cannabis litigation. Regularly contributes to legal and industry publications, leads panels, and provides insights to media outlets including the Washington Post, The Atlantic, The Guardian, MarketWatch, Bloomberg Law, and Law360.

Experience

Years of experience representing entrepreneurs, investors, startups, financial institutions, and operating businesses in the cannabis and hemp industries in transactional, licensing, and regulatory matters. Also represents clients in healthcare, franchising, cryptocurrency and technology, international manufacturing and sales, and other domestic and international industries.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.5
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Pending
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Approved
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Arkansas
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California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
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Idaho
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Indiana
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Iowa
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Kansas
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Kentucky
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Louisiana
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Maryland
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Massachusetts
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Michigan
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Minnesota
Approved
Mississippi
Pending
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Approved
Montana
Pending
Nebraska
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Nevada
Approved
New Hampshire
Approved
New Jersey
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New Mexico
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North Carolina
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Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs