News & Analysis as of

Nonperformance Business Interruption

Farrell Fritz, P.C.

Commercial Division Says Not Every Storm Triggers Force Majeure

Farrell Fritz, P.C. on

A recent decision from Justice Robert Reed of the Manhattan Commercial Division in J.P. Morgan Ventures Energy Corporation v. Miami Wind I, LLC, Goldthwaite Wind Energy LLC demonstrates how parties have the ability to excuse...more

BakerHostetler

FAQs: Ukraine-Russia Conflict: Force Majeure and Other Defenses to Contractual Performance

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The Russian military’s invasion of Ukraine, coupled with the considerable economic sanctions levied against Russia and certain Russian entities and individuals, has significantly impacted businesses worldwide. Recognizing the...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

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

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

Saul Ewing LLP

The Expected Steady Climb of Consumer Protection Lawsuits Arising from Refund Policies

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As anticipated in a previous post, there have been at least six more consumer lawsuits filed against companies for failing to honor their pre-COVID-19 refund and cancellation policies in the past two weeks. Delta, Southwest,...more

Hutchison PLLC

Business Interruption and Contractual Nonperformance: Common Law Principles of Frustration, Impracticability and Impossibility

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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

Hutchison PLLC

Business Interruption and Contractual Nonperformance: Uniform Commercial Code Article 2

Hutchison PLLC on

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

Hutchison PLLC

Business Interruption and Contractual Nonperformance: Force Majeure

Hutchison PLLC on

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

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

White & Case LLP

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

White & Case LLP on

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

Dechert LLP

COVID-19 Coronavirus: Facing a Global Challenge: Key Considerations for Fund Managers

Dechert LLP on

The outbreak of the COVID-19 coronavirus is causing business disruption on an unprecedented scale. After more than a decade of sustained economic growth, market volatility and central bank intervention has returned. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Coronavirus/COVID-19: Implications of Event Postponement and Cancellation

The outbreak of coronavirus/COVID-19 has caused numerous companies and event organizers to postpone, reschedule or even cancel public events. Due to regulations and advisories from governments and public health organizations...more

Lowenstein Sandler LLP

Two Weeks Into a Pandemic: A Fresh Look at Force Majeure

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While the new coronavirus disease (COVID-19) outbreak has already caused unprecedented and far-reaching negative consequences, foremost for many businesses is the difficulty or impossibility of carrying out contractual...more

Hinshaw & Culbertson - Insights for Insurers

COVID-19, Broken Supply Chains, and Force Majeure

The coronavirus (COVID-19) pandemic—alone or coupled with government orders limiting activities—has impacted the ability of many businesses to maintain operations and to fulfill contractual obligations. Over the past few...more

Harris Beach PLLC

Coronavirus and Contractual Obligations: Force Majeure, Impossibility, Impracticability, Frustration of Purpose and More

Harris Beach PLLC on

As of March 19, the Centers for Disease Control and Prevention reports there are more than 10,000 cases of novel coronavirus (COVID-19) in the United States, including more than 4,500 in New York state alone. Declared a...more

Bricker Graydon LLP

Examining the defense of impracticability: Does the COVID-19 pandemic qualify as an “unforeseen event” that could render a UCC...

Bricker Graydon LLP on

For buyers and sellers of goods, the COVID-19 pandemic is causing increasing disruption to supply chains on a local, national and international level. Factories have been shut down, workforces have been downsized, flights...more

McDermott Will & Emery

COVID-19 – Legal (Current or Future) Implications on Doing Business in Italy

McDermott Will & Emery on

Coronavirus (COVID-19) has been causing serious consequences in several countries. Italy has been one of the most affected countries since February 2020 and the implications of a considerable spread of the contagion over the...more

McCarter & English, LLP

Does Your Contract Protect You From The Coronavirus?

Coronavirus contamination has disrupted the work force, supply chains, and transportation. Official bans on large public gatherings across the country, and the ordered closures of restaurants and bars implemented by many...more

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