News & Analysis as of August 29, 2025

Contract Disputes

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Colorado court rules “Fees on Fees” recoverable in contractual disputes, breaking new ground on attorney fee awards

Clark Hill PLC on 8/12/2025

On Aug. 6, the Colorado Court of Appeals recently addressed a question that had never been definitively answered in the state: whether a prevailing party can recover attorney fees incurred to enforce a contractual...more

Complex Commercial Litigation Law Review - Fifth Edition - England & Wales

Latham & Watkins LLP on 12/19/2022

The courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to English civil litigation, which govern every aspect of cases from...more

4 Key Takeaways | The Future of Construction, Infrastructure and Energy Disputes in the Endemic Age

Kilpatrick on 9/16/2022

Kilpatrick Townsend partner Thomas Allen recently presented "The Future of Construction, Infrastructure and Energy Disputes in the Endemic Age" for the Inter-Pacific Association's Arbitration Day at Maxwell Chambers in...more

4 Key Takeaways - The Future of Construction, Infrastructure and Energy Disputes in the Endemic Age

Kilpatrick on 9/16/2022

On August 31, 2022, Kilpatrick Townsend partner Thomas G. Allen spoke at the Inter-Pacific Bar Association’s Arbitration Day at Maxwell Chambers in Singapore. Mr. Allen, who leads the firm’s international disputes practice,...more

Knock on effects of COVID: force majeure and other contract sports

A&O Shearman on 2/18/2022

Another judgment on force majeure and COVID-19. Here a rugby broadcaster was entitled to terminate for cancelled matches even though it had also been affected by the pandemic....more

Complex Commercial Litigation Law Review, 4th Edition - England & Wales

Latham & Watkins LLP on 1/5/2022

Litigation is, on one analysis, all about telling stories to impartial decision makers. Complex commercial litigation means that those stories are more detailed, more involved and more intricate. That means that telling the...more

Managing construction risks in Asia-Pacific: Australia

White & Case LLP on 11/18/2021

Australia is a highly advanced mixed economy, but investors – often drawn to the country's economic stability and resilience – should be aware of certain clauses that typically appear in construction contracts. Australia...more

Southern District of New York Holds COVID-19 Pandemic Constitutes a Natural Disaster

Holland & Knight LLP on 2/9/2021

"It cannot be seriously disputed that the COVID-19 pandemic is a natural disaster." This seemingly straightforward conclusion has only been reached in a small number of reported court decisions since the start of the...more

COVID-19 and Immunity from Liability

Proskauer - Minding Your Business on 1/28/2021

Millions of people across the country are waiting to get the COVID-19 vaccine. For businesses, immunity is sought not against the virus but against liability, and, in some cases, businesses have been successful in invoking...more

Complex Commercial Litigation Law Review, 3rd Edition - England and Wales

Latham & Watkins LLP on 1/27/2021

The courts of England are some of the most established for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to civil litigation are robust and provide a clear framework for the...more

Disputes under Hotel Management Agreements in a COVID-19 World – Part I: Development Phase Disputes

BCLP on 10/19/2020

The COVID-19 pandemic has wreaked havoc on the hospitality sector, significantly impacting the financial performance of existing hotels and causing delays to new hotel projects. These impacts may result in hotel owners and...more

NY Courts Tackle New Issues in a Post-COVID Court: Modification of Pre-COVID Court Orders

Farrell Fritz, P.C. on 9/15/2020

As New York courts reopen and the mandatory stay-at-home order is lifted, what remains unclear is how the numerous Executive Orders issued by Governor Andrew M. Cuomo during the COVID-19 pandemic will affect individuals and...more

Unprecedented: COVID-19 Litigation Trends, Issue 13

Spilman Thomas & Battle, PLLC on 6/29/2020

This 13th edition of Unprecedented, our weekly update on COVID-19-related litigation brings new developments in everything from constitutional law to tort liability. Shutdown cases show no signs of slowing down, and it seems...more

[Webinar] Stipulated Sum and Liquidated Damages in Infrastructure Projects: What Are They, Are They Enforceable, and How Do You...

Cohen Seglias Pallas Greenhall & Furman PC on 6/18/2020

Most parties on a construction project know that a liquidated damage may be assessed for each day of the delay past a contract completion date. However, in infrastructure and highway contracts, there are many different events...more

Post COVID-19 Considerations as Universities Open in the Fall

Seyfarth Shaw LLP on 6/4/2020

Major operational changes and disruptions occasioned by COVID-19 have created a swell of contract disputes and new litigation in various industries. The area of higher education is no different. ...more

AF COVID-19 Podcast: Mediation & Force Majeure

ArentFox Schiff on 5/27/2020

In today’s episode, we continue our conversation on “Force Majeure” with Partners Barbara Wahl and Bernice Leber. Our lawyers cover a few of the first COVID-related lawsuits filed, important trends, and ways to leverage...more

[Webinar] Navigating Heightened Contractual Risk in an Economic Downturn - May 28th, 12:00 pm - 1:00 pm CT

Vinson & Elkins LLP on 5/20/2020

We’re excited to introduce Navigating, a new webcast series created to assist clients and friends of the firm in navigating the new normal – whether that be navigating through pandemic-related issues, new industry dynamics,...more

Blakes Continuity Podcast: Litigation Fever – Part I: What Lies Ahead?

Blake, Cassels & Graydon LLP on 5/13/2020

The coronavirus pandemic is pushing the litigation envelope to new and often unexpected heights. From force majeure and landlord-tenant agreements to mounting class-action lawsuits, our lawyers Matthew Liben and Robin...more

Tapping Your Credit Line: Is it Reasonable?

Akin Gump Strauss Hauer & Feld LLP on 4/9/2020

The recently announced dispute between BorgWarner Inc. and Delphi Technologies PLC relating to BorgWarner’s planned acquisition of Delphi may turn into one of the first cases of a contested mergers and acquisitions (M&A)...more

[Webinar] Entering, Performing and Avoiding Contracts During a Pandemic Like COVID-19 - April 13th, 12:00 pm - 1:00 pm EDT

McDermott Will & Schulte on 4/7/2020

Organizations of all sizes are entering, performing and sometimes seeking to avoid contract obligations in connection with the COVID-19 pandemic. This webinar will provide an overview of the potential impact that COVID-19 has...more

COVID-19: Russia Update

Skadden, Arps, Slate, Meagher & Flom LLP on 4/3/2020

In our first update on the implications of COVID 19 in relation to the Russian market, we consider: - contract implications, including: - the need for a detailed review of essential contracts; and - virtual signings...more

Contracts in the Age of Coronavirus: Are Businesses in Breach If Forced to Close by Government Order?

Brownstein Hyatt Farber Schreck on 3/26/2020

COVID-19 has upended our everyday lives and business operations around the country. Many states have taken drastic steps to curb the spread of the virus by ordering businesses to close and/or individuals to shelter in place....more

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