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Pierce Atwood LLP

Covid-19, Emergency Pandemic Orders, and Force Majeure

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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

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

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

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

Seyfarth Shaw LLP

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

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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

Morris James LLP

Impossibility or Impracticability of Contractual Performance Caused by COVID-19 Under Delaware Law

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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

Fisher Phillips

The Opioid Crisis Meets The COVID-19 Pandemic: Employers Beware and Be Prepared

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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

Morris James LLP

COVID-19 and Force Majeure Clauses Under Delaware Law

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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

Kilpatrick

Impact of the COVID-19 Pandemic on Contract Defenses Under Washington Law

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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

Kilpatrick

Impact of the COVID-19 Pandemic on Force Majeure Defenses Under Illinois Law

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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

Kilpatrick

Impact of the COVID-19 Pandemic on Impossibility, Impracticability, and Frustration of Purpose Contract Defenses under North...

Kilpatrick on

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

Kilpatrick

Impact of the COVID-19 Pandemic on Force Majeure Defenses Under Delaware Law

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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

Seyfarth Shaw LLP

Reemergence of the Doctrine of Temporary Impracticality or Frustration Under Section 269 of the Restatement (Second) of Contracts...

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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

Katten Muchin Rosenman LLP

Force Majeure: Friend or Foe Amidst COVID-19

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

Adler Pollock & Sheehan P.C.

The Impact Of COVID-19 On Parties’ Obligations To Perform Contractual Obligations

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

Clark Hill PLC

10-Point Checklist for Issuing and Responding to Force Majeure Notices

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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

Baker Donelson

Coronavirus: Managing Your Business Risk – Applicability of Force Majeure to COVID-19

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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

A&O Shearman

Covid-19 coronavirus: hardship and force majeure – a Belgian analysis

A&O Shearman on

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

Alston & Bird

Does Your Force Majeure Provision Extend to the Coronavirus? (Updated)

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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

Alston & Bird

Is the COVID-19 Outbreak an “Act of God”? Why It May Matter for Your Contracts

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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

Kelley Drye & Warren LLP

Force Majeure and Contractual Obligations in the Midst of Coronavirus

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

Davis Wright Tremaine LLP

COVID-19 and Contractual Force Majeure Provisions

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

Seyfarth Shaw LLP

Applicability of Force Majeure and Impossibility in the Wake of COVID-19 Under New York Law

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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 Riley & Scarborough LLP

[Webinar] Navigating the Legal, Economic, and Business Challenges of the Coronavirus Pandemic - March 26th, 1:15 pm - 3:00 pm EDT

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

Bond Schoeneck & King PLLC

Will COVID-19 Excuse Contractual Performance?

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

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