News & Analysis as of

Contract Termination Coronavirus/COVID-19 Breach of Contract

Dorsey & Whitney LLP

“Everything zen? Everything zen? I don’t think so...” - MAE Clauses in the Time of COVID

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On March 1, 2022, the Delaware Court of Chancery delivered a memorandum opinion ordering a yoga franchisor to complete the acquisition of its franchisee’s chain of yoga studios. The case arose out of the parties’ pre-COVID...more

A&O Shearman

Delaware Supreme Court Affirms Excused Performance For Breach Of “Ordinary Course” Covenant During Pandemic

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On December 8, 2021, the Supreme Court of Delaware sitting en banc affirmed a Court of Chancery ruling that excused the buyer of a group of high-end hotel properties (the “Buyer”) from closing on the acquisition from AB...more

Kilpatrick

Monthly Minute | Global Supply Chain Issues

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Once a month, we cover an interesting topic in 60 seconds. This month, International Disputes Partner Thomas G. Allen shares his thoughts on the current supply chain crisis....more

Pillsbury Winthrop Shaw Pittman LLP

Snow Phipps: No MAE or Ordinary Course Breach Related to COVID-19

Delaware Chancery Court awards specific performance after finding that buyer failed to demonstrate a material adverse effect or ordinary course breach by target and that buyer failed to use reasonable best efforts to obtain...more

Holland & Knight LLP

Southern District of New York Holds COVID-19 Pandemic Constitutes a Natural Disaster

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"It cannot be seriously disputed that the COVID-19 pandemic is a natural disaster." This seemingly straightforward conclusion has only been reached in a small number of reported court decisions since the start of the...more

Sands Anderson PC

Pandemic Party Planning Problems?

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

Goodwin

UK Corporate Insolvency and Governance Act 2020 Brings Significant Changes to Law

Goodwin on

The Corporate Insolvency and Governance Act 2020 received royal assent on 25 June 2020. Many of the provisions of the act are based on the bill which was initially proposed pre-COVID-19, with a framework having been set out...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

Vinson & Elkins LLP

[Webinar] Navigating Heightened Contractual Risk in an Economic Downturn - May 28th, 12:00 pm - 1:00 pm CT

Vinson & Elkins LLP on

We’re excited to introduce Navigating, a new webcast series created to assist clients and friends of the firm in navigating the new normal – whether that be navigating through pandemic-related issues, new industry dynamics,...more

Dechert LLP

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

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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

White & Case LLP

Most pending US M&A deals are proceeding as agreed, despite COVID-19

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We highlight the responses companies are taking in light of the current environment and the arguments some buyers are making to terminate transactions. The COVID-19 pandemic has caused a steep decline in US M&A activity in...more

Akin Gump Strauss Hauer & Feld LLP

Tapping Your Credit Line: Is it Reasonable?

The recently announced dispute between BorgWarner Inc. and Delphi Technologies PLC relating to BorgWarner’s planned acquisition of Delphi may turn into one of the first cases of a contested mergers and acquisitions (M&A)...more

McDermott Will & Emery

[Webinar] Entering, Performing and Avoiding Contracts During a Pandemic Like COVID-19 - April 13th, 12:00 pm - 1:00 pm EDT

Organizations of all sizes are entering, performing and sometimes seeking to avoid contract obligations in connection with the COVID-19 pandemic. This webinar will provide an overview of the potential impact that COVID-19 has...more

White & Case LLP

COVID-19: Legal Impact on Contractual Obligations

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The spread of the coronavirus infection (2019-nCoV) is causing parties to consider the need to amend or cancel their contracts. They will also likely be giving thought to the allocation of liability and expenses in connection...more

McDermott Will & Emery

COVID-19 – Legal (Current or Future) Implications on Doing Business in Italy

McDermott Will & Emery on

Coronavirus (COVID-19) has been causing serious consequences in several countries. Italy has been one of the most affected countries since February 2020 and the implications of a considerable spread of the contagion over the...more

McCarter & English, LLP

Does Your Contract Protect You From The Coronavirus?

Coronavirus contamination has disrupted the work force, supply chains, and transportation. Official bans on large public gatherings across the country, and the ordered closures of restaurants and bars implemented by many...more

Partridge Snow & Hahn LLP

Rights Arising From Coronavirus-Related Project Shutdown

The remedial measures enacted to combat the coronavirus could cause projects to be shutdown. It is vitally important to know your rights in the event of a project shutdown. This client advisory addresses suspension,...more

Sheppard Mullin Richter & Hampton LLP

Frustration of Purpose – Do I Have a Defense?

The COVID-19 (“coronavirus”) public health crisis has caused unprecedented business disruptions and uncertainty for existing contractual obligations. While many are focused on whether a force majeure clause will be triggered...more

Brownstein Hyatt Farber Schreck

Do Force Majeure Clauses Cover a Coronavirus Pandemic?

A coronavirus pandemic (or even the threat of such a pandemic) could easily make it more difficult for parties to perform their obligations under many types of contracts—especially contracts requiring travel or involving the...more

White & Case LLP

Suspending contractual performance in response to the coronavirus outbreak

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The recent outbreak of the coronavirus has quickly developed from a local to a global threat with tragic human losses that overshadow contemplations of its economic impact. However, the disease is likely to have a profound...more

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