News & Analysis as of

Business Litigation Contract Terms Coronavirus/COVID-19

Farella Braun + Martel LLP

Judges Wipe Out Business Interruption Policyholders’ First (And Only) COVID Win

Out of the 1,199 (and counting) trial court rulings addressing Covid business interruption lawsuits, only one of them resulted in a victory for the policyholder. Back in 2022, Baylor College of Medicine won $12 million from...more

Bennett Jones LLP

Force Majeure Clauses and COVID-19 Pandemic Impacts—An Assessment of Ontario Judgments Three Years On

Bennett Jones LLP on

Early on in the COVID-19 pandemic, many businesses began to scrutinize force majeure clauses in their commercial contracts and leases. Such contractual clauses, when engaged, either permanently or temporarily relieve the...more

Gray Reed

The Pandemic is not a MAE; Is the Ordinary Course Covenant the New MAE?

Gray Reed on

Recent Delaware cases appear to make two things clear. First, it remains extremely unlikely that a court will find an event or occurrence to fall within the general provisions of a Material Adverse Effect condition and as a...more

Farrell Fritz, P.C.

The Secret’s Out: COVID-19 May Not Excuse Commercial Rent Obligations

Farrell Fritz, P.C. on

The lingerie brand Victoria’s Secret (“VS”) has struggled in recent years. VS’ overtly sexy aesthetic has failed to keep up with shifting consumer tastes towards comfort and gender and size inclusivity....more

Seyfarth Shaw LLP

New Decisions Give Further Guidance on Frustration of Purpose, Impossibility, and Related Doctrines

Seyfarth Shaw LLP on

As discussed in previous updates, courts across the country continue to grapple with the application of the legal doctrines of impossibility, frustration of purpose, and impracticability in breach of contract actions...more

Herbert Smith Freehills Kramer

Urgence Sanitaire et Prorogation Des Delais Legaux, Judiciaires et Contractuels

Depuis 25 mars 2020, l’ordonnance n°2020-306 a été adoptée par le Gouvernement pour organiser, pendant la « période juridiquement protégée », une prorogation de certains délais échus et l'adaptation des procédures ...more

Farrell Fritz, P.C.

WIll the Pandemic Be a Boon for Future LLC Dissolution Claimants?

Farrell Fritz, P.C. on

The ongoing coronavirus / COVID-19 pandemic has quite literally impacted everyone and everything in New York, including the courts, which were forced to temporarily cease non-essential functions. The result was a short-lived...more

Cozen O'Connor

COVID-Driven Commercial Litigation – What Businesses Can Expect

Cozen O'Connor on

As the nation (and much of the world) remains gripped in uncertainty surrounding the COVID-19 pandemic and the impact of the unprecedented measures being taken to combat its spread, one thing appears beyond doubt on the legal...more

Cozen O'Connor

Commercial Tenants Raising Impossibility of Performance and Frustration of Purpose

Cozen O'Connor on

New York courts have applied the common law doctrines of Impossibility of Performance and Frustration of Purpose narrowly and strictly and only in limited circumstances when raised by commercial tenants who refused to pay...more

Morgan Lewis

COVID-19 and Force Majeure Under French Law

Morgan Lewis on

The coronavirus (COVID-19) pandemic in France has led to travel bans and restrictions, including the quarantine of individuals. These measures have disrupted many businesses’ supply chains and operations, including factory...more

Coblentz Patch Duffy & Bass

Force Majeure and COVID-19: Can Contracting Parties Avoid Performance or Continue to Require it?

With the COVID-19 pandemic threatening people’s health and wreaking economic havoc in California and worldwide, parties to commercial contracts are asking whether force majeure and the closely related doctrines of commercial...more

Orrick, Herrington & Sutcliffe LLP

COVID-19 UK: Litigation – Force majeure and frustration under English law – Update

As the impact of the COVID-19 pandemic continues to be felt across all jurisdictions and sectors, companies are considering their options should they find themselves unable to perform their contracts. ...more

Herbert Smith Freehills Kramer

Litigation Issues in the Midst of COVID-19

There are many litigation issues presented by the outbreak of and response to COVID-19 (the disease caused by the novel coronavirus). We address below several practical and legal issues to consider during this challenging...more

Hogan Lovells

A U.S. litigator’s perspective on force majeure

Hogan Lovells on

The COVID-19 viral disease (coronavirus) that has swept into at least 140 countries worldwide and infected more than 200,000 people was officially designated a pandemic by the World Health Organization. In addition to the...more

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