News & Analysis as of

Breach of Contract Nonperformance

Farrell Fritz, P.C.

Commercial Division Says Not Every Storm Triggers Force Majeure

Farrell Fritz, P.C. on

A recent decision from Justice Robert Reed of the Manhattan Commercial Division in J.P. Morgan Ventures Energy Corporation v. Miami Wind I, LLC, Goldthwaite Wind Energy LLC demonstrates how parties have the ability to excuse...more

ArentFox Schiff

Fashion House Sues Kendall Jenner for Failing to Appear at a Photoshoot During the COVID-19 Pandemic

ArentFox Schiff on

On August 2, 2021, the Italian fashion brand Liu Jo filed a lawsuit in the Southern District of New York against model Kendall Jenner for $1.8 million, alleging that Jenner breached the terms of her modeling agreement by...more

Sands Anderson PC

Pandemic Party Planning Problems?

Sands Anderson PC on

If Canceling or Postponing Your Wedding, Bar/Bat Mitzvah, Anniversary Party or Event, Look For These When Reviewing Your Vendor Contracts....more

Seyfarth Shaw LLP

New Decisions Give Further Guidance on Frustration of Purpose, Impossibility, and Related Doctrines

Seyfarth Shaw LLP on

As discussed in previous updates, courts across the country continue to grapple with the application of the legal doctrines of impossibility, frustration of purpose, and impracticability in breach of contract actions...more

Fisher Phillips

COVID-19 Conflicts Lead To Breach Of Contract Claims Against Employers

Fisher Phillips on

Though sometimes overlooked given the abundance of federal and state statutory claims, employers must remember that their existing contractual obligations remain in place during the pandemic. As a review of the Fisher...more

Cohen & Gresser LLP

Illinois Bankruptcy Court Takes First Swing at Applying Force Majeure to Nonperformance Due to COVID-19

Cohen & Gresser LLP on

With the onset of closures and quarantines early this year due to the spread of COVID-19, businesses across the country were confronted with the issue of how to perform their contractual obligations while they were unable to...more

Woods Rogers

When Coming In First May Not Be Such A Good Thing?

Woods Rogers on

When parties enter into a contract, they generally intend to follow the terms of a contract. However, sometimes, whether unintentionally or by mistake, inevitably, a party to a contract may breach a term of their contract by...more

Skadden, Arps, Slate, Meagher & Flom LLP

Litigation, Exposure and Insurance During the COVID-19 Pandemic

On May 18, 2020, Skadden and Marsh cohosted a webinar addressing litigation, exposure and insurance during the COVID-19 pandemic. The panelists were Marcie Lape, Skadden litigation partner; Amy Van Gelder, Skadden litigation...more

White & Case LLP

Managing Contractual Performance in Times of Sanitary Crisis: The Spanish Law Perspective

White & Case LLP on

The unprecedented health crisis arising from the novel Coronavirus disease (“COVID-19”) and measures enacted by the Spanish Government to contain the spread, has in some cases affected contractual performance. The...more

Dechert LLP

China’s Supreme People’s Court Recently Issued its Judicial Guidance Opinions on Adjudication of COVID-19 Related Cases

Dechert LLP on

On April 16, 2020, the Supreme People’s Court of China (the “SPC”) issued the Guiding Opinions of the SPC on Several Issues Concerning Proper Trial of Civil Cases Involving COVID-19 (I) (the “COVID-19 Opinions”), providing a...more

White & Case LLP

Singapore update: The practical impact of the COVID-19 temporary measures legislation

White & Case LLP on

For further information, please visit the White & Case Coronavirus Resource Center. The COVID-19 (Temporary Measures) Act (the "Act") was enacted on 7 April 2020. The Act provides temporary relief to businesses and...more

BCLP

France COVID-19 - Hardship, Force Majeure and Anticipatory Breach Provoked by the Health Emergency

BCLP on

The COVID-19 pandemic has generated an unprecedented crisis, throwing companies into uncertainty as to the fate of their contractual commitments. In response to the legitimate questions raised by such situation, many articles...more

Maynard Nexsen

COVID-19 IN NORTH CAROLINA: Winning the Breach of Contract Fight over Force Majeure, Impossibility and Frustration of Purpose

Maynard Nexsen on

As the Covid-19 pandemic continues in North Carolina, contracts – whether they are real estate, construction or other commercial contracts – are all at risk of non-performance by one of the parties. Inevitably,...more

Dechert LLP

COVID-19: Russia’s Supreme Court provides clarifications on the impact of COVID-19 related measures on contract performance and...

Dechert LLP on

On April 21, 2020, the Presidium of the Supreme Court of the Russian Federation issued an “Overview of selected issues of judicial practice, related to the application of legislation and measures to stop the spread of the...more

Skadden, Arps, Slate, Meagher & Flom LLP

COVID-19: How To Prepare for Potential Future Disputes

Pandemic-Related Uncertainty Means Business Decisions Will Be Highly Scrutinized - As the COVID-19 pandemic continues to develop, guiding a business through this time of immense crisis means making decisions that gravely...more

Hutchison PLLC

Business Interruption and Contractual Nonperformance: Common Law Principles of Frustration, Impracticability and Impossibility

Hutchison PLLC on

As countries around the world respond to the arising threat posed by the coronavirus (COVID-19) pandemic, businesses are finding their operations interrupted due to a number of reasons, such as personnel shortages, supply...more

Hutchison PLLC

Business Interruption and Contractual Nonperformance: Uniform Commercial Code Article 2

Hutchison PLLC on

As countries around the world respond to the arising threat posed by the coronavirus (COVID-19) pandemic, businesses are finding their operations interrupted due to a number of reasons, such as personnel shortages, supply...more

Jaburg Wilk

Is The COVID-19 Pandemic a Force Majeure Event?

Jaburg Wilk on

Force Majeure (literally a “superior force”) is a contract clause that excuses a party from performing its contract obligations because of unforeseen “Acts of God.” The basic idea is that, if something unforeseen should...more

Hutchison PLLC

Business Interruption and Contractual Nonperformance: Force Majeure

Hutchison PLLC on

As countries around the world respond to the arising threat posed by the coronavirus (COVID-19) pandemic, businesses are finding their operations interrupted due to a number of reasons, such as personnel shortages, supply...more

Hicks Johnson

Update: Force Majeure Provisions in the Age of COVID-19

Hicks Johnson on

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

Dechert LLP

COVID-19 Coronavirus Business Impact: How to deal with private law contract enforcement issues under French law?

Dechert LLP on

The global coronavirus disease (COVID-19) pandemic as well as the containment measures adopted by various countries, including France since 17 March 2020, affect all companies. Some of these are questioning their ability to...more

K&L Gates LLP

COVID-19: Force Majeure in the State of Qatar

K&L Gates LLP on

As COVID-19 continues to cause widespread disruption to commercial activity around the world, there is an increased focus on the effectiveness of contractual force majeure provisions and the availability of relief under...more

Skadden, Arps, Slate, Meagher & Flom LLP

COVID-19: Russia Update

In our first update on the implications of COVID 19 in relation to the Russian market, we consider: - contract implications, including: - the need for a detailed review of essential contracts; and - virtual signings...more

Brooks Pierce

Reviewing Business Contracts in Light of the COVID-19 Crisis

Brooks Pierce on

As a result of the COVID-19 pandemic, companies are facing a wide array of business challenges, many of which would likely not have been contemplated a few weeks ago. These challenges increasingly include government-ordered...more

K&L Gates LLP

COVID-19: Impact on Supply Chain / Transportation Contracts

K&L Gates LLP on

The coronavirus (COVID-19) pandemic has impacted, and will continue to impact, supply chains and transportation contracts. Those impacted will include the supplier/shipper, the carrier, and the purchaser/receiver. A common...more

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