Chicago Chapter

Downtown Lunch CLE - "Can I get out?!" - Defenses to Performance Under the Uniform Commercial Code


Sponsored By:

Gibson’s Steakhouse, 1028 N. Rush Street, Chicago, IL


This seminar is the latest in our series on the various aspects of Article 2 of the Uniform Commercial Code.  Prior seminars have focused on issues such as the formation of contracts, the "battle of the forms," disclaimers of warranties, limitations of remedies, and rights and remedies in the event of a breach.  In this seminar we will focus on when and whether a buyer or a seller has a whole or partial defense to performance of an enforceable contract.

As always, but perhaps more than in recent years, the world, and international commerce in particular, is changing fast.  Catastrophic weather events, labor strife, government regulation, and even political upheaval, are the norms in today’s headlines.  The topics on which our panel members will discuss, and at times with which they will grapple, are whether, and if so how, a buyer or seller can be excused, completely or partially, from performance after a contract has been formed due to unforeseeable economic or other circumstances. 

Our panelists will explore how the Code has codified traditional common law defenses to performance, such as impossibility and impracticality, and how and when those defenses can be asserted, and overcome, under the Code.  As in the past, we will explain the legal principles applicable to the various defenses to performance, describe real life examples to articulate the practical applications of these defenses, and answer specific questions from the audience about how these legal concepts apply to their specific business enterprises.


JOHN M. RICCIONE is a partner in Taft Stettinius & Hollister's Litigation practice. His practice involves the representation of businesses in a wide array of complex commercial disputes, including commercial and supply-chain transactions, real estate, construction claims, trade secrets, computer fraud and abuse, UCC warranties and remedies, and labor and employment. He is a frequent speaker on the topics of non-compete agreements and Uniform Commercial Code warranties.

is a partner in Taft Stettinius & Hollister's Litigation group. He is a commercial litigator who focuses his practice on banking, commercial and appellate litigation. He is widely recognized as a complex commercial workout and bankruptcy litigator. He lectures on numerous topics, including commercial real estate workouts, Uniform Commercial Code issues, trial practice, appellate practice, contract law, sales commission protection acts, employment discrimination and alternative billing practices.

is an attorney in the Chicago office of Taft Stettinius & Hollister, focusing her practice on complex commercial litigation. Brianna represents creditors, businesses and individuals in litigation arising from commercial transactions, employment matters and warranties.


11:45 am: Registration & networking
12:00 pm: Lunch
12:15 pm: Presentation
1:15 pm: Q&A

Online Registration Preferred:  To set up your ACC Chicago registration account, please follow the site instructions as a "New User" upon your first visit.  You will receive a confirmation at the end of your registration process.


Credits: One hour of Illinois MCLE Credit
State: Illinois
Category: General Credit


Chapter Executive Administrator, Lisa Carreras
Phone: 815-464-8336
Fax: 815-464-8334


Attendance is complimentary, but limited to ACC members, in-house prospective ACC members and guests of the sponsor.

Sponsored By:


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