News & Analysis as of

Commercial Contracts Coronavirus/COVID-19

Bennett Jones LLP

Force Majeure Clauses and COVID-19 Pandemic Impacts—An Assessment of Ontario Judgments Three Years On

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Early on in the COVID-19 pandemic, many businesses began to scrutinize force majeure clauses in their commercial contracts and leases. Such contractual clauses, when engaged, either permanently or temporarily relieve the...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Permits COVID-Related Contract Termination Pursuant to “Market Disruption” Clause

The onset of the COVID-19 pandemic in the Spring 2020 brought immense market uncertainty, which in turn placed serious strain on contractual relationships.  Amid that strain, a question on the minds of many commercial parties...more

Lowenstein Sandler LLP

Current Trends in Force Majeure Clauses in the Wake of COVID-19: Frustration of Purpose as an Alternative Argument

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In the wake of COVID-19, litigants have increasingly sought to excuse contractual performance by invoking force majeure clauses. In the early stages of the pandemic, there were few reported decisions on these matters, and the...more

Dechert LLP

Dispute Resolution Trends in Asia for 2021

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Naturally, there will be disputes relating to COVID-19 and efforts to contain its spread. These will often be resolved through negotiation, particularly if the relevant contract clearly allocates the risk between the parties...more

Jaburg Wilk

Force Majeure And The Coronavirus Pandemic A Case Law Update

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I have previously written about the impact of the coronavirus (COVID-19) pandemic on force majeure provisions in a commercial contract. A force majeure clause may excuse a party from performing its contract because of an...more

Williams Mullen

[Webinar] CLE Institute - What’s Keeping You Up at Night? Business Risks of COVID-19 - November 5th, 11:00 am - 12:30 pm ET

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Your company has navigated the first six months of COVID, but what is around the corner? In this program, our lawyers will provide some clarity around the various legal issues that are, or could be, affected as we move...more

Bowditch & Dewey

[Webinar] New Contracts: Pandemic Impact on Contract and Transaction Due Diligence - October 27th, 3:00 pm - 4:00 pm ET

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During times of economic turbulence and commercial uncertainty, your business team and corporate counsel are well advised to undertake a more deliberate and thorough due diligence process when entering into contract and...more

Bowditch & Dewey

[Webinar] Contract Review: Identifying Weaknesses, Strengths and Gray Areas to Get Ahead of Future Disruptions - October 20th,...

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Many companies and businesses have been challenged with the implications of the current Covid-19 crisis upon contractual obligations. During this big picture discussion, panelists will discuss best practices for the review of...more

Williams Mullen

Williams Mullen's COVID-19 Comeback Plan: Streamlining Your Commercial Contract Negotiations

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Corporate attorney Carrie Stanton provides several suggestions on what companies can do to make contract negotiations more efficient while also addressing priorities and concerns. Topics include: • Contract templates •...more

McDermott Will & Emery

[Webinar] Navigating Uncertainty In A COVID/Post-COVID World Series | Part One: Proactive Strategies To Implement Now In Order To...

McDermott Will & Emery on

As in-house teams and their outside counsel providers move beyond the early risks and challenges presented by the COVID-19 pandemic, new insights are forming around the next wave of concerns your company should be thinking...more

Holland & Hart LLP

Drafting Commercial Contracts: Eight Important Provisions During a Pandemic

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Companies have been navigating how to adjust “standard” business contracts to mitigate the ongoing uncertainties and risks resulting from the COVID-19 pandemic for several months now. Parties should consider the following...more

Barnea Jaffa Lande & Co.

Does Covid-19 Void Contracts?

The inter-ministerial team assembled to examine the consequences of the Covid-19 crisis on contractual agreements has recently published its recommendations.   The team was comprised of representatives from the Ministry of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Diligence Clauses and the Management of Uncertainty in Life Sciences Agreements

In times of uncertainty and disruption, setting expectations for performance with business partners and contractual counterparties can be more complicated than ever. Companies that develop drugs, biologics and medical devices...more

White and Williams LLP

From Both Sides Now: Looking at Contracts Through a Post-Pandemic Lens

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A little over a year ago, I wrote a blog post about the danger of relying on precedent. Now, more than ever, clients and their advisors need to revisit contract forms on which they may have been relying for years. While many...more

Latham & Watkins LLP

Technology Contracting and COVID-19 - 5 Key Issues for Middle East Customers

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A recent Latham.London blog post recommended five steps that customers should take when procuring technology and related services in light of COVID-19 and future pandemics. This blog post examines five additional...more

Cozen O'Connor

COVID-Driven Commercial Litigation – What Businesses Can Expect

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As the nation (and much of the world) remains gripped in uncertainty surrounding the COVID-19 pandemic and the impact of the unprecedented measures being taken to combat its spread, one thing appears beyond doubt on the legal...more

Bowditch & Dewey

As COVID-19 Surges, So Too Should the Use of Well-Crafted Contractual Arbitration Clauses

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Virtually every aspect of our lives has been disrupted in one way or another as a result of the COVID-19 pandemic and the ensuing economic collapse. While certain of these disruptions have been difficult to predict, at least...more

Hogan Lovells

COVID-19: Impact on M&A and corporate in Singapore

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Overview of mergers and acquisitions (M&A) market in Singapore - Singapore was one of the first countries outside of China to encounter the virus. Whilst deal activity was down on the prior year, M&A transactions were...more

Sheppard Mullin Richter & Hampton LLP

Defending Against Nonperformance Of Life Science Contracts

Many life sciences contracts, including intellectual property licensing agreements, development agreements and supply agreements, contain force majeure clauses. Depending upon the language of these clauses, the COVID-19...more

Greenbaum, Rowe, Smith & Davis LLP

Force Majeure in the Age of COVID-19: A Force to be Reckoned With

As the COVID-19 pandemic continues to wreak havoc on our social, legal, financial, real estate, and healthcare systems, the widespread disruptions caused by the COVID-19 outbreak have in certain instances made it impossible...more

Winstead PC

Your Contract and Coronavirus: Now What? - New York-Specific Addendum

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As previously discussed, the applicability of force majeure clauses (as well as similar defenses to contract enforceability such as impossibility and impracticability) in light of the COVID-19 pandemic requires detailed...more

Akin Gump Strauss Hauer & Feld LLP

COVID-19 in Asia: An Erosion of Contractual and Investor Rights?

Many governments across Asia have been proactive and innovative in their responses to COVID-19. The region has seen sweeping relief measures, like those deployed in the U.S. and Europe, which are deeply impactful for...more

BakerHostetler

Preparing for COVID-19 Contract Litigation

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As the novel coronavirus (COVID-19) outbreak spreads across the country, businesses in every industry are struggling to meet or enforce contractual obligations. Though the global deterioration of supply chains and ordinary...more

K&L Gates LLP

COVID-19: Singapore’s COVID-19 (Temporary Measures) Bill: Further Analysis on What It Is and How It May Impact You

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Our last update on this matter was published at a time when only the Press Release relating to the Bill was publicly available. This update is published after the Bill itself has been made public. Given the breadth of the...more

Troutman Pepper

Ten Topics for College and University Senior Administrator Teams Navigating COVID-19

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Last spring, I was in my seventh year as general counsel and chief of staff at a private university with a close-knit senior leadership team. I thrived on collaborating with my colleagues to find solutions to our...more

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