News & Analysis as of

Coronavirus/COVID-19 Force Majeure Clause Act of God

Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms... more +
Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -
Patton Sullivan Brodehl LLP

Covid-19 Pandemic And Related Closures Do Not Excuse Commercial Tenant’s Failure To Pay Rent

One of the questions in real estate law arising out of the pandemic is what impact the pandemic and related closure orders would have on commercial leases, and in particular a tenant’s obligation to pay rent. Many, if not...more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: Contract Terminations Due to COVID-19-Based Force Majeure – Natural Disasters

A recent decision from the Southern District of New York may pave the way for broader excuse of performance in COVID-19 force majeure litigation after finding the pandemic is a “natural disaster” that is beyond the parties’...more

McDermott Will & Emery

Force Majeure and Development Impact Bonds

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The Coronavirus (COVID-19) pandemic continues to disrupt communities and businesses around the world. This unprecedented crisis has also focused major scrutiny on force majeure (FM) clauses in contracts, as parties struggle...more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: Force Majeure in Civil Law Jurisdictions – A Superior Force Majeure Doctrine?

As COVID-19-related force majeure litigation continues to arise in both common and civil law jurisdictions, we take a first look at the approach to force majeure in civil law jurisdictions as compared to the common law...more

Bracewell LLP

Revisiting Force Majeure and Other Contractual Considerations Amid COVID-19

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In addition to the tragic human toll that it has caused, the coronavirus pandemic has also wreaked havoc on businesses throughout world, leaving countless companies and individuals unable to perform their contractual...more

Hicks Johnson

A Practitioner’s Guide to COVID-19-Related Force Majeure Disputes

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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

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: When Is COVID-19 the Cause of Nonperformance?

Causation in the context of force majeure, and how causation considerations may impact force majeure claims in the COVID-19 era. In most states, the force majeure event must have proximately caused the delay or deficiency...more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: Do the Current Economic Conditions Caused by COVID-19 Constitute a Force Majeure Event?

This client alert discusses whether the economic fallout of COVID-19 constitutes a force majeure event... Historically, courts have typically found that sudden economic downturns do not constitute force majeure events....more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: What Constitutes an “Act of God,” and Other Developments in Force Majeure Law

This client alert will discuss the contours of the term “Act of God” and briefly cover new developments in case law regarding the doctrine of force majeure. Historically, “Act of God” was defined to encompass sickness, but...more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: Tracking the Evolution of COVID-19 as a Force Majeure Event

The force majeure doctrine has heightened significance in a post-COVID-19 world. This first alert in a series examines the history and contours of the force majeure doctrine and its resurgence in application due to the...more

Hogan Lovells

COVID-19 and contractual force majeure: a simple checklist

Hogan Lovells on

Email overload on whether COVID-19 triggers a force majeure clause? Whether you're considering a claim, worried about receiving one or busy drafting following the outbreak, here's our 10-point, jargon-free checklist on...more

Saul Ewing LLP

Is COVID-19 an Act of God and/or Will COVID-19 Be a Defense Against Failure to Perform?

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This is the second in a series of alerts on Force Majeure and Common Law Defenses against failure to perform contracts. In our first alert, we discussed the elements of a force majeure clause and looked at how various states...more

Littler

Puerto Rico: Breach of Contract Claims in the COVID-19 Age and the “Force Majeure” Defense: Considerations for Employers

Littler on

The term “force majeure” takes us on a trip down memory lane to the law school classroom where our contracts professor spoke of antiquated doctrines of limited practical use. Or so we thought. As the COVID-19 outbreak...more

Morgan Lewis - Tech & Sourcing

Contract Corner: Drafting a Force Majeure Clause in the COVID-19 Era

The conditions created by the coronavirus (COVID-19) pandemic and resulting government shutdown orders have raised questions across various industries regarding contractual rights and obligations during the crisis. One...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

Bricker Graydon LLP

Don’t let good intentions come back to haunt you: Protections for landlords to consider when granting temporary rent relief under...

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COVID-19 has placed many landlords and tenants between the proverbial rock and hard place. Tenants are trapped among rent, TICAM and other monetary obligations under their leases, as well as public health orders mandating the...more

Best Best & Krieger LLP

Business Contracts and Insurance Policies During COVID-19 Pandemic

Do Force Majeure Clauses Include the Coronavirus? The COVID-19 pandemic generated sweeping changes for all California businesses. The state-wide stay-at-home order has forced many businesses to stop operating altogether,...more

Seyfarth Shaw LLP

COVID-19 Update: Force Majeure Under California Law in Business and Commercial Disputes

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Confusion and uncertainty abound in the business world, with many business owners unable to meet a variety of contractual obligations as a result of the COVID-19 pandemic, and related government shut downs, employee...more

Epstein Becker & Green

A World Turned Upside Down: Contract Performance During the COVID-19 Pandemic

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Imagine these scenarios: - Your company cannot perform a contract because of the COVID-19 pandemic. - A vendor informs you that she cannot provide your company with necessary goods because of supply chain issues caused...more

Winthrop & Weinstine, P.A.

Remedies Under Real Estate Leases Due to “Force Majeure” – Some Practical Suggestions

In these difficult times, we are certain that you are focused on the health and safety of your families and employees. At the same time, we understand you are concerned about the devastating impact that restaurant or...more

Lewitt Hackman

In A Time of Crisis: Consider Force Majeure and Business Interruption

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Because of the Coronavirus crisis, many businesses are considering whether to modify, reduce or temporarily cease operations. This is a natural course of action and in many cases, these actions align with requests of local,...more

Hogan Lovells

Navigating coronavirus: Top real estate industry considerations

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On Wednesday, 11 March 2020, the World Health Organization declared the spread of coronavirus a global pandemic and on Friday, 13 March 2020, President Trump declared a national emergency in the United States. Guidance from...more

Seyfarth Shaw LLP

Georgia Law on "Act of God" and the COVID-19 Pandemic

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Force majeure provisions are top of mind for many businesses today because of the pandemic of SARS-CoV-2, which causes the novel coronavirus disease called COVID-19. “Pandemics” are typically not specified in general...more

Bracewell LLP

Contractual Performance In The Age Of Coronavirus: Force Majeure, Impossibility And Other Considerations

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The Coronavirus (COVID-19) pandemic is causing unprecedented disruptions to business operations on a global scale. As these disruptions continue, and the economic effects mount, more industries will be significantly impacted....more

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