News & Analysis as of September 23, 2024

Contract Terms

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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 -

Loss Of $6 Million In Deposits Is No Forfeiture

Allen Matkins on 3/7/2024

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

Court Rejects Commercial Tenant’s Argument for Relief From Rent Due to “Temporary Frustration of Purpose” During Pandemic

Patton Sullivan Brodehl LLP on 11/30/2023

Earlier this year, Money and Dirt covered a then recent case, West Pueblo Partners, LLC v. Stone Brewing Co., LLC, which was one of the first California cases dealing with the aftermath of the Covid-19 pandemic and the legal...more

To pay or not to pay: knowing when you can and can’t rely on a Force Majeure

Haight Brown & Bonesteel LLP on 5/18/2023

What is one way to prepare for the unexpected? A force majeure clause. The COVID-19 pandemic is the latest historical event that could neither be anticipated nor controlled by contracting parties at the time of contracting....more

California Appeals Court Confirms the COVID-19 Force Majeure Event Did Not Excuse Contract Performance Merely Because It Became...

Haight Brown & Bonesteel LLP on 5/4/2023

In West Pueblo Partners, LLC v. Stone Brewing Co., LLC, (2023 WL 3151827), the California Court of Appeal, First Appellate District, affirmed summary judgment on the basis that the COVID-19 pandemic force majeure event did...more

Supply Chain Survival Series: Force Majeure (Article #9)

Quarles & Brady LLP on 5/1/2023

In our previous article, we discussed anticipatory repudiation and demands for adequate assurances—legal concepts that may arise when a party to a contract expects that its counterparty may not perform its end of the bargain....more

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

Bennett Jones LLP on 3/27/2023

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

Covid-19, Emergency Pandemic Orders, and Force Majeure

Pierce Atwood LLP on 6/3/2022

The Law Court recently weighed in on a trending legal issue – the extent to which Covid-19 restrictions trigger “force majeure” contract clauses. In 55 Oak Street LLC v. RDR Enterprises, Inc., the Law Court considered the...more

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

Patterson Belknap Webb & Tyler LLP on 5/17/2022

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

Force Majeure Clauses in the Age of COVID-19 Litigation

Butler Snow LLP on 5/17/2022

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

Second Circuit Holds That Covid-19 Excused Defendant From Performance Pursuant to Force Majeure Clause

White and Williams LLP on 3/31/2022

“Being good in business is the most fascinating kind of art. Making money is art and working is art and good business is the best art.” -- Andy Warhol Over the past two years, there has been a fair amount of litigation...more

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

A&O Shearman on 2/18/2022

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

5 Key Takeaways | Contractual Approaches to Supply Chain Disputes: Is it Time for a New Paradigm?

Kilpatrick on 1/21/2022

Thomas G. Allen, Kilpatrick Townsend Partner and Global Lead for International Disputes, discussed supply chain disputes and provided strategies for managing future contracts during his recent presentation at the Asia Annual...more

5 Key Takeaways - Contractual Approaches to Supply Chain Disputes: Is it Time for a New Paradigm?

Kilpatrick on 1/19/2022

Thomas Allen, Kilpatrick Townsend Partner and Global Lead for International Disputes, recently presented “Contractual Approaches to Supply Chain Disputes: Is it Time for a New Paradigm?” at the Asia Annual International...more

Monthly Minute | Global Supply Chain Issues

Kilpatrick on 12/8/2021

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

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

Lowenstein Sandler LLP on 11/8/2021

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

Contractual Tensions in the Context of Post-COVID Economic Recovery: Legal Tools and Guidelines

Kramer Levin Naftalis & Frankel LLP on 10/14/2021

After a year and a half of a global pandemic, INSEE (French National Institute of Statistics and Economic Studies) announced on Sept. 7 a forecast growth of 6.25% of French GDP, thanks in particular to household consumption. ...more

Key trends in contractual negotiations

BCLP on 9/8/2021

The pandemic has put many contractual relationships under immense pressure. We explored in our last Business as (un)usual article some of the problems which contracting parties may have inadvertently created for themselves...more

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

Spilman Thomas & Battle, PLLC on 8/24/2021

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

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

ArentFox Schiff on 8/16/2021

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

COVID-19 And The Law: Time To Check Your Force Majeure Clause

Emmet, Marvin & Martin LLP on 7/21/2021

The ongoing COVID-19 pandemic continues to leave businesses in limbo. Prolonged government shutdowns and health restrictions designed to limit the spread of the coronavirus have disrupted contractual relations across the...more

Spring Cleaning: Review Your Contracts to Account for Ongoing COVID-19 Concerns

Cohen Seglias Pallas Greenhall & Furman PC on 7/12/2021

At this point, avoiding the cliché is, well, unavoidable. We are now past the one-year mark of the COVID-19 pandemic and much has changed. You don’t need a construction attorney to tell you so. While things have changed, we...more

Post-COVID Needs: Less Space, Less Cost, Less Lease

Womble Bond Dickinson on 6/30/2021

We’ve all taken a few steps forward, professionally, in terms of doing more with less as a result of the COVID-19 pandemic. Work travel? Zoom. Physical office? Home. Commute?...more

How the Pandemic Has Changed Real Estate Contracts

Greenberg Glusker LLP on 6/29/2021

While we hope the virus will soon be a thing of the past, some contractual provisions and issues are sure to become part of real estate professionals’ new normal. As a result of lessons learned from the pandemic, most real...more

Does the COVID-19 Pandemic and Subsequent Emergency Actions by the Governor Make a Commercial Lease Voidable?

Patterson Belknap Webb & Tyler LLP on 6/4/2021

In the wake of the COVID-19 pandemic (“COVID”), a common question that arises is whether commercial leases are enforceable when COVID and subsequent governmental responses frustrate the purpose of the lease or render its...more

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

Cadwalader, Wickersham & Taft LLP on 6/3/2021

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

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