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Coronavirus/COVID-19 Force Majeure Clause Infectious Diseases

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 -
Burr & Forman

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

Burr & Forman on

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

Pierce Atwood LLP

Covid-19, Emergency Pandemic Orders, and Force Majeure

Pierce Atwood LLP on

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

Dickinson Wright

Managing the Risk of Events in a Post-COVID World: Three FAQs

Dickinson Wright on

As we look ahead to a post-COVID world, many are wondering how to make events safe, reduce liability, and implement contractual protections should an emergency arise. This blog highlights some frequently asked questions when...more

Spilman Thomas & Battle, PLLC

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

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

Jones Day

Construction Lockdown: Potential Impact of COVID-19 on Construction Projects in Greater Sydney

Jones Day on

Under the latest New South Wales Public Health Order, all non-urgent work at construction sites in Greater Sydney has been paused from 12:01 a.m. on Monday 19 July until 11:59 p.m. on Friday 30 July....more

Emmet, Marvin & Martin LLP

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

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

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...

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

Hogan Lovells

Impact of coronavirus on loans in Italy (UPDATED)

Hogan Lovells on

We describe below the legal impact on Italian loan transactions of the current health emergency caused by COVID-19 in light of the recent case law and the latest legislative measures, including a suspension of interest and...more

Lowndes

Covid’s Lasting Impacts on Commercial Lease Negotiations

Lowndes on

The Covid pandemic will have a lasting impact on lease negotiations from this point. Ty West, senior editor of national content at American City Business Journals, published an interesting article on the topic on May 3, in...more

Weber Gallagher Simpson Stapleton Fires &...

UPDATE:  New York Federal District Court Cites two Pennsylvania Supreme Court Cases When Recognizing Right to Invoke Force Majeure...

At the onset of the coronavirus (COVID-19) pandemic, four Pennsylvania businesses challenged Governor Tom Wolf’s statutory authority to close non-essential (or non-life sustaining) businesses to mitigate the public health...more

A&O Shearman

COVID: No Cure For Claims Of Frustration Or Force Majeure

A&O Shearman on

The English Court has twice rejected claims by aircraft lessees who wanted the return of their security deposits because of the COVID-19 pandemic: Salam Air v Latam Airlines and Fibula Air v Just-US Air. [Ed: the cases are...more

Troutman Pepper

Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)

Troutman Pepper on

Please join Troutman Pepper for the second installment of its COVID-19 Commercial Leasing Trends Podcast series on legal and business issues confronted by companies in light of the COVID-19 pandemic. Moderated by Troutman...more

Dechert LLP

Dispute Resolution Trends in Asia for 2021

Dechert LLP on

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

Robinson+Cole Manufacturing Law Blog

Force Majeure Litigation Involving Manufacturers

Earlier this year, I provided our 2021 Corporate Compliance and Litigation Outlook for Manufacturers. I noted that even though we had been counseling a lot of manufacturers on force majeure events (i.e., the ability to...more

Hogan Lovells

Hotel contracts - Deferred or suspended rent due to Corona

Hogan Lovells on

Does the owner bear the risk in case of bankruptcy? Due to the tense situation in the hotel industry, various lessees are currently approaching their lessors asking for deferral or abatement of rent payments for the...more

Hogan Lovells

Corona virus as a force majeure event in hotel lease agreements

Hogan Lovells on

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

Hogan Lovells

Shutdown of hotel operations due to COVID-19 "Corona Virus" - Force Majeure?

Hogan Lovells on

Shutdown of hotel operations due to COVID-19 "Corona Virus" - Force Majeure? The COVID-19 "corona virus" pandemic keeps almost the whole world in suspense. The effects on the global economy are not yet foreseeable. ...more

Farrell Fritz, P.C.

The Secret’s Out: COVID-19 May Not Excuse Commercial Rent Obligations

Farrell Fritz, P.C. on

The lingerie brand Victoria’s Secret (“VS”) has struggled in recent years. VS’ overtly sexy aesthetic has failed to keep up with shifting consumer tastes towards comfort and gender and size inclusivity....more

Proskauer - Minding Your Business

COVID-19 and Immunity from Liability

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

Hogan Lovells

Impact of coronavirus on loans in Italy (UPDATED)

Hogan Lovells on

We describe below the legal impact on Italian loan transactions of the current health emergency caused by COVID-19 in light of the latest legislative measures, including a suspension of interest and principal payments on...more

Bennett Jones LLP

Fairstone Financial v Duo Bank – Ontario Court Interprets MAC Clause

Bennett Jones LLP on

In Fairstone Financial Holdings Inc v Duo Bank of Canada, Koehnen J. of the Ontario Superior Court of Justice (Commercial List) had the opportunity to further the limited jurisprudence on material adverse change/material...more

Morgan Lewis

NY Federal Judge Rules COVID-19 Pandemic Constitutes ‘Natural Disaster’ in Excusing Contract Performance

Morgan Lewis on

The coronavirus (COVID-19) pandemic constituted a “natural disaster” under a contract’s force majeure provision, Judge Denise Cote of the US District Court for the Southern District of New York recently ruled in JN...more

Seyfarth Shaw LLP

Bankruptcy Court Denies Debtors’ Motion to Abate Rent Due To COVID-19 Government Shutdown Orders

Seyfarth Shaw LLP on

On December 14, 2020, Judge Marvin Isgur of the United States Bankruptcy Court for the Southern District of Texas, issued an important decision in the CEC Entertainment, Inc. (Chuck E. Cheese) bankruptcy case, Case No....more

Seyfarth Shaw LLP

New Decisions Give Further Guidance on Frustration of Purpose, Impossibility, and Related Doctrines

Seyfarth Shaw LLP on

As discussed in previous updates, courts across the country continue to grapple with the application of the legal doctrines of impossibility, frustration of purpose, and impracticability in breach of contract actions...more

Seyfarth Shaw LLP

California Courts Weigh in on Contractual Obligations in the Era of COVID-19

Seyfarth Shaw LLP on

As discussed in previous updates, courts across the country continue to grapple with the application of force majeure provisions in contracts, as well as the related legal doctrines of impossibility, frustration of purpose,...more

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