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Coronavirus/COVID-19 › Force Majeure Clause › Nonperformance

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 -
ArentFox Schiff

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

ArentFox Schiff on

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

Jaburg Wilk

Force Majeure And The Coronavirus Pandemic A Case Law Update

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I have previously written about the impact of the coronavirus (COVID-19) pandemic on force majeure provisions in a commercial contract. A force majeure clause may excuse a party from performing its contract because of an...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

Seyfarth Shaw LLP

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

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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

Fisher Phillips

COVID-19 Conflicts Lead To Breach Of Contract Claims Against Employers

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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

Pillsbury Winthrop Shaw Pittman LLP

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

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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

Cohen & Gresser LLP

Illinois Bankruptcy Court Takes First Swing at Applying Force Majeure to Nonperformance Due to COVID-19

Cohen & Gresser LLP on

With the onset of closures and quarantines early this year due to the spread of COVID-19, businesses across the country were confronted with the issue of how to perform their contractual obligations while they were unable to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Litigation, Exposure and Insurance During the COVID-19 Pandemic

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On May 18, 2020, Skadden and Marsh cohosted a webinar addressing litigation, exposure and insurance during the COVID-19 pandemic. The panelists were Marcie Lape, Skadden litigation partner; Amy Van Gelder, Skadden litigation...more

White & Case LLP

Managing Contractual Performance in Times of Sanitary Crisis: The Spanish Law Perspective

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The unprecedented health crisis arising from the novel Coronavirus disease (“COVID-19”) and measures enacted by the Spanish Government to contain the spread, has in some cases affected contractual performance. The...more

BCLP

Singapore: Force Majeure and COVID-19 – Finding relief under current contracts and preparing for future events

BCLP on

Since the onset of the COVID-19 outbreak, parties have searched for contractual clauses (or legal doctrines) which may release, or at the very least, alleviate some of the obligations they are required to perform. In this...more

White & Case LLP

Singapore update: The practical impact of the COVID-19 temporary measures legislation

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For further information, please visit the White & Case Coronavirus Resource Center. The COVID-19 (Temporary Measures) Act (the "Act") was enacted on 7 April 2020. The Act provides temporary relief to businesses and...more

BCLP

France COVID-19 - Hardship, Force Majeure and Anticipatory Breach Provoked by the Health Emergency

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The COVID-19 pandemic has generated an unprecedented crisis, throwing companies into uncertainty as to the fate of their contractual commitments. In response to the legitimate questions raised by such situation, many articles...more

Maynard Nexsen

COVID-19 IN NORTH CAROLINA: Winning the Breach of Contract Fight over Force Majeure, Impossibility and Frustration of Purpose

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As the Covid-19 pandemic continues in North Carolina, contracts – whether they are real estate, construction or other commercial contracts – are all at risk of non-performance by one of the parties. Inevitably,...more

Sheppard Mullin Richter & Hampton LLP

Defending Against Nonperformance Of Life Science Contracts

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Many life sciences contracts, including intellectual property licensing agreements, development agreements and supply agreements, contain force majeure clauses. Depending upon the language of these clauses, the COVID-19...more

Dechert LLP

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

Dechert LLP on

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

Dechert LLP

COVID-19: Suspension of Contractual Rights and Obligations in Singapore (and Possibly Soon Elsewhere)

Dechert LLP on

Contractual rights agreed in the past may look very different today and may not be enforceable tomorrow, but (strangely) could be in the future. Such are the historic times we are living through. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

COVID-19: How To Prepare for Potential Future Disputes

Skadden, Arps, Slate, Meagher & Flom LLP on

Pandemic-Related Uncertainty Means Business Decisions Will Be Highly Scrutinized - As the COVID-19 pandemic continues to develop, guiding a business through this time of immense crisis means making decisions that gravely...more

Jaburg Wilk

Is The COVID-19 Pandemic a Force Majeure Event?

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Force Majeure (literally a “superior force”) is a contract clause that excuses a party from performing its contract obligations because of unforeseen “Acts of God.” The basic idea is that, if something unforeseen should...more

Hutchison PLLC

Business Interruption and Contractual Nonperformance: Force Majeure

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As countries around the world respond to the arising threat posed by the coronavirus (COVID-19) pandemic, businesses are finding their operations interrupted due to a number of reasons, such as personnel shortages, supply...more

International Lawyers Network

International Lawyers Network: Force Majeure

International Lawyers Network on

This guide offers an overview of legal aspects of force majeure in the requisite jurisdictions.... This guide describes the law in force in the requisite jurisdictions at the dates of preparation. This may be some time ago...more

Hicks Johnson

Update: Force Majeure Provisions in the Age of COVID-19

Hicks Johnson on

As the COVID-19 crisis and its economic fallout intensify, contractual parties have increasingly invoked force majeure provisions to excuse performance of contracts. This article is a follow up to Schiffer Hicks Johnson’s...more

White & Case LLP

Vendor performance during social isolation

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White & Case Technology Newsflash - Every industry is at a critical juncture in evaluating how to successfully continue business operations in a period of unprecedented disruption. We have received a number of inquiries...more

White & Case LLP

South African M&A/Corporate and Commercial & COVID-19 - A selection of key legal and practical considerations amidst the COVID-19...

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The coronavirus (“COVID-19”) outbreak, declared by the World Health Organization as a global pandemic, is having far-reaching consequences for businesses. The outbreak has led the South African government to declare a...more

Lowenstein Sandler LLP

How Will Courts Interpret Force Majeure Clauses in the COVID-19 Crisis Response? Look to 2008 Recession Fallout for Clues

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As the COVID-19 crisis continues to unfold, businesses nationwide are struggling to meet their existing contractual obligations. While companies may attempt to rely on force majeure clauses to exempt performance, they are...more

Dechert LLP

COVID-19 Coronavirus Business Impact: How to deal with private law contract enforcement issues under French law?

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The global coronavirus disease (COVID-19) pandemic as well as the containment measures adopted by various countries, including France since 17 March 2020, affect all companies. Some of these are questioning their ability to...more

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