Kilpatrick Townsend Partners Rich Keshian, Chad Hansen, and Will Joyner recently participated on a panel at the firm’s 2022 Small Legal Department Client Summit. They discussed “Drafting & Navigating Dispute Resolution...more
Kilpatrick Townsend Partners Rich Keshian, Chad Hansen, and Will Joyner recently participated on a panel at the firm’s 2022 Small Legal Department Client Summit. They discussed “Drafting & Navigating Dispute Resolution...more
We previously wrote about the contract defenses that businesses may rely on when an epidemic impairs contractual performance, and we recently analyzed force majeure clauses under California, Colorado, Delaware, Florida,...more
Force majeure defenses excuse performance because of an “act of God” event. Where a contract dispute arises because of the COVID-19 pandemic, force majeure defenses will likely play a key role in determining whether a failure...more
ADR procedures continue to eclipse the jury trial as the preferred means of settling disputes. Kilpatrick Townsend litigation partner Rich Keshian hosted the third in a series of CLEs for legal professionals, on “Alternative...more
Many class actions are won or lost at the class certification stage. Because FRCP 23(c) requires a district court to determine whether a class action is to be maintained (i.e., certified) “[a]t an early practicable time after...more
A recent decision by the Western District of Michigan is indicative of the increasing trend in federal district courts to grant early motions to strike class allegations where it is obvious that a class cannot be certified....more
Takeaway: Following the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), class action defendants frequently have argued damages cannot be established on a class-wide basis. Conversely,...more