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In the complex world of commercial international trade, contracts serve as the foundation for successful transactions. A well-prepared contract review checklist provides a basis for lawyers to ensure that all necessary terms...more
The Civil Transactions Regulation (the “CTR”) was promulgated on 18 June 2023 and entered into force on 16 December 2023. The CTR was conceived as one of four key reforms announced in February 2021 to enhance the general...more
Although the general principles of English contractual law did not see a dramatic overhaul in 2023, parties to commercial contracts should still be aware of a number of cases in 2023 that tweaked, clarified or confirmed areas...more
When drafting agreements, there are essential terms that each party needs to consider in order to make sure that they have a well written contract that will protect their interests. A few of these considerations include the...more
Traditionally, industry in Germany has enjoyed close commercial ties with Russia and Ukraine. The ongoing conflict in Ukraine and the resulting sanctions imposed on Russia—and by Russia—will inevitably affect these business...more
In part two of our discussion of commercial issues surrounding the Russian invasion of Ukraine, Thomas G. Allen, Kilpatrick Townsend Partner and Global Lead for International Disputes, focuses on the legal implications of a...more
The Court of Appeal held that the natural reading of a force majeure clause in a diesel supply contract pointed to an express obligation to repay an advance payment following termination due to a force majeure event....more
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
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
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
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
A year into the pandemic, many of us are reflecting on how far we have come. While we may laugh at the memory of wiping off grocery bags with Clorox, some of the lessons, like washing your hands for at least 20 seconds, are...more
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
"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
If Canceling or Postponing Your Wedding, Bar/Bat Mitzvah, Anniversary Party or Event, Look For These When Reviewing Your Vendor Contracts....more
Troutman Pepper COVID-19 Legal Issues Podcast Series Troutman Pepper is producing a series of podcasts on legal and business issues faced by companies during the COVID-19 pandemic. This episode features Troutman Pepper...more
Once a month, we cover an interesting topic with a short video. This month, Associate Sarah Beth Barnes discusses due diligence considerations related to COVID-19....more
As businesses in the real estate industry grapple with the fallout of the coronavirus pandemic, disputes are on the rise. Understanding your contractual rights early on can help you minimize your litigation risks and exposure...more
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
As the COVID-19 pandemic continues, owners and developers find themselves facing the prospect of continued project disruptions. While almost every governmental shutdown order has allowed construction activities to continue as...more
The current COVID-19 pandemic has already impacted many derivatives transactions. This note sets out a checklist of key legal issues market participants may need to consider in relation to OTC derivatives contracts....more
The PRC issues a 1,260-article, comprehensive Civil Code covering all aspects of civil and business life in China. It becomes effective on January 1, 2021. China has passed its first-ever Civil Code, which will come into...more
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
We’re excited to introduce Navigating, a new webcast series created to assist clients and friends of the firm in navigating the new normal – whether that be navigating through pandemic-related issues, new industry dynamics,...more
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