German companies are often surprised when they get sued in the U.S. (a) that U.S. courts even have jurisdiction; (b) about the exorbitant amount of damages that are claimed; and (c) about the power U.S. courts have to compel...more
We previously wrote about the contract defenses that businesses may rely on when an epidemic impairs contractual performance, and we have analyzed force majeure clauses under Georgia, Delaware, Texas, North Carolina, and New...more
Force majeure defenses excuse performance because of an “act of God” event. Where a contract dispute arises because of the COVID-19 pandemic, force majeure clauses will likely play a key role in determining whether a failure...more