The Importance of Assessment Areas
Managing High Performers: Top Gun Maverick – Hiring to Firing Podcast
Managing Perfectionism: The Devil Wears Prada - Hiring to Firing Podcast
Governance Series: Common Board Challenges and Tips for Dealing with Them
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Force Majeure Provisions During the COVID-19 Pandemic
Key Performance Indicators for the Legal Department
Value-based health care: issues for pharmaceutical companies
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
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
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
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
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
Our earlier article explored Delaware case law interpreting force majeure provisions in the context of COVID-19. But what happens when a contract omits or contains a sparse force majeure clause? In those circumstances, common...more
During the COVID-19 pandemic, employers have had to manage an ever-increasing variety of stressful employee related issues. However, as the crisis surges forward, with multiple states facing increased rates of infection as...more
Commercial contracts often include a force majeure clause that limits a party’s liability for non-performance in the face of extraordinary events or circumstances beyond that party’s control. As the COVID-19 pandemic...more
We previously wrote about the contract defenses that business may rely on when an epidemic or government orders impairs contractual performance and recently analyzed these defenses under California, Colorado, Florida,...more
We previously wrote about the contract defenses that business may rely on when an epidemic or government orders impairs contractual performance and recently analyzed the force majeure defense under Georgia, North Carolina,...more
We previously wrote about the contract defenses that businesses may rely on when an epidemic impairs contractual performance, and we recently analyzed force majeure clauses under California, Colorado, Delaware, Florida,...more
Force majeure, which means superior force, is a defense to a failure to perform contractual obligations because of an “act of God” event or some other event beyond the parties’ control. The COVID-19 pandemic has caused, and...more
When trying to understand the full impact of COVID-19 on existing contractual obligations, parties will likely first consult force majeure provisions in their contracts to assess their rights or liabilities for continued...more
This Katten advisory considers how UK businesses could seek to rely on the principles of force majeure or frustration to suspend or end performance of contractual obligations (without liability) should that be required in...more
The recent outbreak of the 2019 Novel Coronavirus (“COVID-19”) in the United States has caused many business activities to come screeching to a halt, as many state and local governments issue orders and advisories for...more
With the spread of COVID-19 and executive orders and other laws effectuating lockdowns, closures, and rules against multi-person assemblies, many entities are issuing notices claiming excuse for non-performance based on...more
Do you have a contract where performance is likely an issue? Does it contain a force majeure clause? Is COVID-19 covered by your contract's force majeure clause? How does this affect your business?...more
The rapid and global spread of the Covid-19 coronavirus and the resultant governmental strategies are having an increasingly disruptive effect on our daily lives, and also on global supply chains, including in Belgium. ...more
The coronavirus has caused unprecedented business disruptions on a global scale. Our Litigation Group diagnoses the problem and discusses how the ramifications could trigger force majeure provisions in your contracts....more
An act of God can mean many things to many people. But what does it mean legally? Our Litigation Group explores the many ways an “act of God” has been interpreted in legal contracts by statutes and case law....more
As COVID-19 (coronavirus) continues to spread globally and governments and companies take efforts to slow and contain the virus, no company is able to continue “business as usual.” ...more
For weeks, COVID-19 has had an incredible and devastating global impact. On March 11, 2020, the World Health Organization officially declared the virus a pandemic. ...more
In the wake of the recent COVID-19 pandemic, and its economic disruption, some contracting parties may seek to be excused from performance under their contracts. For contracts subject to New York law, including insurance...more
Nelson Mullins will host a webinar on topics related to the COVID-19 outbreak on March 26. Topics to be presented: - Business Continuity, Force Majeure, and Potential Defenses to COVID-19 Related Contractual...more
In recent days, companies across a wide range of industries have begun to alter their business practices and contractual arrangements in response to the outbreak of COVID-19. Among the questions that have arisen is whether,...more