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As criminal cyberattacks and ransomware attacks on critical infrastructure increase, companies may experience significant business disruptions. Ransomware and cyberattacks may prevent companies from fulfilling contractual requirements for the supply of product. Such attacks may also force companies to make difficult decisions regarding how to allocate a limited supply of product when replenishment is uncertain. In these circumstances, companies should consider: (1) whether a ransomware or cyberattack constitutes a “
force majeure” under their contractual provisions; (2) whether any other doctrines may excuse performance; and (3) how they might allocate their limited supply of product to customers.