Arctic cold and historic snowfall this February have caused substantial disruption nationwide, in particular in the state of Texas. Widespread, record low temperatures, combined with unprecedented demand on the power supply,...more
The predicted wave of force majeure litigation related to COVID-19 has now become reality. Lawsuits are increasingly being filed by parties to contractual disputes, and practitioners are increasingly being called upon to...more
7/31/2020
/ Act of God ,
Best Practices ,
Breach of Contract ,
Business Interruption ,
Business Strategies ,
Contract Terms ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Executives ,
Force Majeure Clause ,
Infectious Diseases ,
Popular
In a turbulent economy, circumstances often arise in which a party seeks to avoid contractual obligations by invoking a force majeure provision in the relevant agreement. The following checklist offers a preliminary way...more
As the COVID-19 crisis and its economic fallout intensify, contractual parties have increasingly invoked force majeure provisions to excuse performance of contracts. This article is a follow up to Schiffer Hicks Johnson’s...more
4/10/2020
/ Affirmative Defenses ,
Breach of Contract ,
China ,
Contract Negotiations ,
Coronavirus/COVID-19 ,
Crude Oil ,
Downstream Agreements ,
Force Majeure Clause ,
Imports ,
Impossibility ,
India ,
Liquid Natural Gas ,
Nonperformance ,
Oil & Gas ,
Physical Impossibility Rule ,
Refineries ,
State of Emergency ,
Storage Tanks ,
Supply and Demand ,
Supply Contracts
While the Novel Coronavirus (also known as COVID-19) appears poised to inflict considerable damage on human populations across the world, it is also likely to exact a grave toll on the global economy. Supply chains are...more
3/4/2020
/ Affirmative Defenses ,
Breach of Contract ,
Business Closures ,
Choice-of-Law ,
Civil Liability ,
Coronavirus/COVID-19 ,
Cross-Border Transactions ,
Force Majeure Clause ,
Nonperformance ,
Public Health Emergency ,
Supply Chain