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Coronavirus/COVID-19 › Force Majeure Clause › Breach of Contract

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 -
Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - March 2024 #2

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The Dartmouth men’s basketball team voted to unionize Tuesday in an unprecedented step toward forming the first labor union for college athletes and another blow to the NCAA’s deteriorating amateur business model....more

Allen Matkins

Loss Of $6 Million In Deposits Is No Forfeiture

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VFLA Eventco, LLC v. William Morris Endeavor Entertainment, LLC, 2024 WL (March 6, 2024) involved the loss of $6 million in deposits that had been paid to secure the performances of various artists at a two day musical...more

Burr & Forman

Florida Appellate Court Says Tenant Cannot Use Force Majeure Clause as Weapon Against Landlord

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Last week, Florida’s Second District Court of Appeals handed down a pro-landlord decision arising out of the COVID-19 pandemic. See Fitness International, LLC v. 93FLRPT, LLC, No. 2D22-1182, May 10, 2023. One week later...more

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

Foley & Lardner LLP

Case Law Update: Disputes Relating to Supply Chain Disruptions Hit the Courts

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Over the last two years, the widespread shortages, stoppages, and other disruptions affecting much of the global supply chain have led manufacturers, suppliers, and buyers alike to examine their contract terms for an...more

Kaufman & Canoles

UCLA and Under Armour Settle for $67.5M

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It was announced that UCLA will receive a settlement payment in an amount of approximately $67.5 million from sports apparel manufacturer Under Armour to resolve a lawsuit stemming from the termination of a sponsorship deal....more

Patterson Belknap Webb & Tyler LLP

Commercial Division Force Majeure Decision Provides A Good Overview of the Law Surrounding Leases and the COVID-19 Pandemic

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A few months ago, a Commercial Division court granted summary judgment in favor of the plaintiff-landlord in a case involving a commercial lease for a gym that was closed due to COVID-19 restrictions.  The decision in Amherst...more

Butler Snow LLP

Force Majeure Clauses in the Age of COVID-19 Litigation

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Force majeure, once a standard boilerplate clause included in most contracts without thought, has now become the site of an emerging litigious battleground. As we enter the third year of the COVID-19 pandemic, a reliable...more

A&O Shearman

Knock on effects of COVID: force majeure and other contract sports

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Another judgment on force majeure and COVID-19. Here a rugby broadcaster was entitled to terminate for cancelled matches even though it had also been affected by the pandemic....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

JAMS

Business Interruption and the Impact on Real Estate

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COVID-19 has had an enormous impact on businesses of all kinds. But organizations in the real estate sector—both commercial and residential—have been hit particularly hard. The fallout from the pandemic has sparked numerous...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Insights, Volume 2, Issue 15

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As we all know, the COVID-19 situation is ever-changing. However, our commitment to bringing you current and useful information remains steadfast. As such, we would like to introduce our new co-editors of Unprecedented -...more

ArentFox Schiff

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

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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

Cadwalader, Wickersham & Taft LLP

Summer's Coming, May 2021 | Issue No. 24 - COVID-19 Update: Can't Lose What You Never Had: Court Rejects All Legal Theories...

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The United States District Court for the Southern District of New York (the “Court”) decided in Gap Inc. v. Ponte Gadea N.Y. LLC on March 8, 2021 that a retail tenant will not be able to use the COVID-19 pandemic as an excuse...more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: Rudolph v. United Airlines, Causation and Force Majeure

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In a recent decision, causation proved to be a determinative factor in the viability of multiple claims subject to the same force majeure clause. District judge rules that broad interpretation of United Airline’s “Force...more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: Evolving Force Majeure Considerations One Year into the Pandemic

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As the pandemic has evolved, so too has the number and complexity of the questions arising in force majeure disputes. Regardless of whether a party is seeking to invoke, or defend against invocation of, a force majeure...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

Hogan Lovells

Corona virus as a force majeure event in hotel lease agreements

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Corona virus as a force majeure event in hotel lease agreements - Rent payment and business interruption insurance - Since the hotel industry is severely affected by the current situation due to the new corona virus...more

Proskauer - Minding Your Business

COVID-19 and Immunity from Liability

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Millions of people across the country are waiting to get the COVID-19 vaccine. For businesses, immunity is sought not against the virus but against liability, and, in some cases, businesses have been successful in invoking...more

Pillsbury Winthrop Shaw Pittman LLP

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

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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

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

Lowenstein Sandler LLP

Southern District of New York: COVID-19 Can Constitute A Natural Disaster Justifying Force Majeure Defense, But The Contract...

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Case law is beginning to take shape on the relationship among the COVID-19 pandemic, related government-mandated shutdowns, and force majeure clauses in contacts. There have been very few reported decisions in this arena,...more

Cole Schotz

The Southern District Of New York Finds That COVID-19 Is A “Natural Disaster”

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The Southern District of New York has recently issued a decision that could ultimately have a significant impact on the enforceability of contracts that required performance during the COVID-19 pandemic. In JN Contemporary...more

Pillsbury Winthrop Shaw Pittman LLP

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

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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

Fisher Phillips

Show Me The Money! Is Your Enrollment Contract Enforceable Against A Tuition Refund Demand?

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2020 has been a tumultuous year, but it has taught us to better prepare for the future and how to better enable schools to maintain their operations in the face of these unprecedented challenges. As schools faced shutdown...more

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