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Coronavirus/COVID-19 › Contract Terms

Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms... more +
Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -
Clark Hill PLC

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

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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

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - August 2025

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This month’s Friday Five explores recent decisions including deference to initial benefits decisions in de novo reviews, the recovery of fees incurred in pre-litigation administrative proceedings, proof of disability due to...more

Goodwin

FDA Approves BLA for Novavax’s COVID-19 Vaccine

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On May 19, Novavax, Inc. (“Novavax”) announced that FDA approved its Biologics License Application (“BLA”) for Nuvaxovid™ for active immunization against COVID-19 in adults 65 years and older and individuals 12 through 64...more

A&O Shearman

Tariffs and force majeure

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We are starting to hear reports of businesses declaring the Trump Administration's Executive Order on tariffs to be a force majeure event under their contracts. Most of us now have rather more experience than we'd like to of...more

Robinson+Cole Manufacturing Law Blog

Here’s How Commercial Contracts Can Ease the Cost Burden of New Tariffs Impacting Manufacturers

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Commercial contracts tend to be full of “boilerplate provisions” that, to paraphrase Mark Twain’s assessment of classic novels, everyone knows are important, but no one actually reads. When COVID-19 struck, manufacturers...more

Farella Braun + Martel LLP

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

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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

Goldberg Segalla

N.C. Supreme Court Rules COVID-19 Shutdown Orders May Invoke Coverage under All-Risk Commercial Property Policies

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The Supreme Court of North Carolina issued a pair of opinions on December 13 relating to coverage for government shutdown orders due to COVID-19. In North State Deli v. Cincinnati Ins., the court broke with the majority of...more

Bennett Jones LLP

Material Adverse Effects: Insights from the High Court of Justice

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Uncertainty caused by macroeconomic risks such as the COVID-19 pandemic, severe weather events and geopolitical tensions has given rise to increased judicial consideration of contractual terms apportioning risk in the...more

Wiley Rein LLP

Navigating a New Judicial Landscape: Executive Actions Under FPASA Face Scrutiny

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A long-time bipartisan practice may be getting a fresh look from federal courts. Historically, presidential administrations have leveraged government contracts to implement various policy aims – sometimes those unrelated to...more

Allen Matkins

Loss Of $6 Million In Deposits Is No Forfeiture

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VFLA Eventco, LLC v. William Morris Endeavor Entertainment, LLC, 2024 WL (March 6, 2024) involved the loss of $6 million in deposits that had been paid to secure the performances of various artists at a two day musical...more

Holland & Knight LLP

Federal Leasing 2023: The Year in Review

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This is the first edition of Holland & Knight's Federal Real Estate Leasing Year in Review. For years, our GSA Leasing & Federal Real Estate Team has worked with LexisNexis to provide updated versions of the Federal...more

Freiberger Haber LLP

Second Department Dismisses Action for Specific Performance Because Contractual Conditions Were Not Satisfied

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Many times, remedies for the breach of a contract other than monetary damages are necessary to make a plaintiff whole...more

Patton Sullivan Brodehl LLP

Court Rejects Commercial Tenant’s Argument for Relief From Rent Due to “Temporary Frustration of Purpose” During Pandemic

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Earlier this year, Money and Dirt covered a then recent case, West Pueblo Partners, LLC v. Stone Brewing Co., LLC, which was one of the first California cases dealing with the aftermath of the Covid-19 pandemic and the legal...more

Miller Canfield

Whose Risk? Impossibility and Frustration of Purpose in Michigan Leases

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Following the COVID‑19 pandemic, many parties and jurisdictions grappled with how shutdown orders affected their private contract rights. Our commentary from March 2020 is still a good starting point for evaluating these...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Fall 2023

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Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2023 issue of the Practical NLRB Advisor. In this issue of the Advisor, we cover three of those sharply divided...more

Bradley Arant Boult Cummings LLP

Court Rejects Contractor’s Claim That COVID-19 Rendered Performance Impossible

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A fundamental premise of contract law is that promises must be kept. If legally enforceable promises or “contracts” are not kept, courts may step in to enforce them by ordering performance, awarding damages, or granting some...more

PilieroMazza PLLC

Construction Contractor Wins COVID-Related Construction Claim on Appeal: Lessons Learned

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Since the beginning of the pandemic, boards and courts have denied a vast majority of construction claims seeking pandemic-related costs under fixed-price contracts. In this blog, PilieroMazza summarizes a recent claim where...more

Haight Brown & Bonesteel LLP

To pay or not to pay: knowing when you can and can’t rely on a Force Majeure

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What is one way to prepare for the unexpected? A force majeure clause. The COVID-19 pandemic is the latest historical event that could neither be anticipated nor controlled by contracting parties at the time of contracting....more

Haight Brown & Bonesteel LLP

California Appeals Court Confirms the COVID-19 Force Majeure Event Did Not Excuse Contract Performance Merely Because It Became...

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In West Pueblo Partners, LLC v. Stone Brewing Co., LLC, (2023 WL 3151827), the California Court of Appeal, First Appellate District, affirmed summary judgment on the basis that the COVID-19 pandemic force majeure event did...more

Quarles & Brady LLP

Supply Chain Survival Series: Force Majeure (Article #9)

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In our previous article, we discussed anticipatory repudiation and demands for adequate assurances—legal concepts that may arise when a party to a contract expects that its counterparty may not perform its end of the bargain....more

Nutter McClennen & Fish LLP

M&A in Brief: Q2 2023

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Chancery Court Provides Additional Guidance on Disclosure Requirements for Corwin Analysis - One of the most significant decisions of the Delaware Chancery Court in the last 15 years was the court’s ruling in Corwin v....more

Bennett Jones LLP

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

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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

Latham & Watkins LLP

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

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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

BCLP

What a relief! High Court grants relief from forfeiture of an option to take a new lease

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This decision has confirmed that a court can grant relief from forfeiture in relation to a tenant’s option to take a new lease. It is a useful reminder for landlords that forfeiture does not apply solely to leases, and is a...more

Venable LLP

Is It Enrollment Season Already? Fine-Tuning Your Enrollment Contract for the 2023-2024 School Year

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​​​​​​​The enrollment contract sets the foundation and expectations for the relationship between the school and its community members. As such, it is important to ensure that your enrollment contract is well drafted and...more

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