In what was likely a shock to coal-fired electric utilities, the U.S. Court of Appeals for the District of Columbia Circuit held on June 28, 2024, that proposed decisions by the U.S. Environmental Protection Agency in January...more
In a recent decision, causation proved to be a determinative factor in the viability of multiple claims subject to the same force majeure clause.
District judge rules that broad interpretation of United Airline’s “Force...more
As the pandemic has evolved, so too has the number and complexity of the questions arising in force majeure disputes. Regardless of whether a party is seeking to invoke, or defend against invocation of, a force majeure...more
A recent decision from the Southern District of New York may pave the way for broader excuse of performance in COVID-19 force majeure litigation after finding the pandemic is a “natural disaster” that is beyond the parties’...more
1/25/2021
/ Act of God ,
Art Auctions ,
Bankruptcy Court ,
Breach of Contract ,
Commercial Tenants ,
Construction Project ,
Coronavirus/COVID-19 ,
Force Majeure Clause ,
License Agreements ,
Natural Disasters ,
Real Estate Transactions
As COVID-19-related force majeure litigation continues to arise in both common and civil law jurisdictions, we take a first look at the approach to force majeure in civil law jurisdictions as compared to the common law...more
Real estate litigation and landlord-tenant disputes continue to dominate the COVID-19 force majeure litigation landscape. Meanwhile, several COVID-related cases are teed up for judicial decisions implicating force majeure...more
What impact, if any, does a force majeure clause (or absence of one) have on common law excuse doctrines such as impossibility and frustration of purpose?
A party who chooses to omit a force majeure clause from a contract...more
While COVID-19 has steadily increased the amount of force majeure litigation, certain industries—such as travel and real estate—have seen a disproportionate number of cases filed.
The aviation and commercial real estate...more
Causation in the context of force majeure, and how causation considerations may impact force majeure claims in the COVID-19 era.
In most states, the force majeure event must have proximately caused the delay or deficiency...more
This client alert discusses whether the economic fallout of COVID-19 constitutes a force majeure event...
Historically, courts have typically found that sudden economic downturns do not constitute force majeure events....more
This client alert will discuss the contours of the term “Act of God” and briefly cover new developments in case law regarding the doctrine of force majeure.
Historically, “Act of God” was defined to encompass sickness, but...more
The force majeure doctrine has heightened significance in a post-COVID-19 world.
This first alert in a series examines the history and contours of the force majeure doctrine and its resurgence in application due to the...more
Sellers of materials designated as “scarce,” whether directly or indirectly, should carefully monitor the rapidly changing federal and state landscape to avoid crossing the line between profit and price gouging.
“Price...more
How PE firms can minimize attorney-client privilege risks after Argos Holdings Inc. and PetSmart Inc. v. Wilmington Trust N.A.
PE firms face a variety of litigation and deal-related attorney-client privilege challenges...more
5/8/2019
/ Acquisitions ,
Attorney-Client Privilege ,
Best Practices ,
Board of Directors ,
Common-Interest Privilege ,
Corporate Counsel ,
Discovery ,
Fiduciary Duty ,
Joint Clients ,
Portfolio Companies ,
Private Equity Firms ,
Privileged Communication