News & Analysis as of August 29, 2025

Contract Interpretation

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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

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

Bradley Arant Boult Cummings LLP on 10/6/2023

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

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

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

Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)

Troutman Pepper Locke on 3/15/2021

Please join Troutman Pepper for the second installment of its COVID-19 Commercial Leasing Trends Podcast series on legal and business issues confronted by companies in light of the COVID-19 pandemic. Moderated by Troutman...more

Bouncing Back January 28, 2021 | Issue No. 20 - English Courts Consider Material Adverse Effect Clause Invoked by the Effects of...

Cadwalader, Wickersham & Taft LLP on 2/15/2021

In the recent case of Travelport Ltd v Wex Inc [2020] EWHC 2670 (Comm) (the “Travelport Case”), the High Courts of England considered the construction of a material adverse effect clause (“MAE Clause”) in which a party sought...more

Force Majeure And The Coronavirus Pandemic A Case Law Update

Jaburg Wilk on 2/12/2021

I have previously written about the impact of the coronavirus (COVID-19) pandemic on force majeure provisions in a commercial contract. A force majeure clause may excuse a party from performing its contract because of an...more

English Court Rules On COVID-19 Material Adverse Effect In M&A Transaction

Goodwin on 10/22/2020

On 12 October 2020, the Commercial Court handed down judgment in the first case in which the English courts have had to consider whether COVID-19 resulted in a material adverse effect (“MAE”) (Travelport Ltd & Ors v WEX Inc...more

WEX Win Interpreting COVID-19 Material Adverse Effect Shows M&A Drafting Traps

Skadden, Arps, Slate, Meagher & Flom LLP on 10/17/2020

On October 12, 2020, in Travelport Ltd & Ors v WEX Inc [2020] EWHC 2670, Justice Cockerill of the English High Court held that WEX had in large part correctly interpreted the terms of the material adverse effect (MAE) clause...more

Is There a Fix for COVID Business Interruption and Event Cancellations Losses on the Horizon?

Moore & Van Allen PLLC on 8/17/2020

The losses sustained by American businesses in the wake of the COVID-19 pandemic will be measured at a level that may never be seen again in our lifetime. On July 30th, the U.S. Bureau of Economic Analysis issued an advance...more

The MAE Clause Faces Off With COVID-19 in the Delaware Courts—What Comes Next?

Seyfarth Shaw LLP on 7/9/2020

While the novel coronavirus (COVID-19) continues to disrupt the global economy, it is also causing the number of disputes over pending mergers and acquisitions transactions to rise....more

[PODCAST] Resolving Business Interruption Disputes Caused by the Coronavirus (COVID-19)

JAMS on 7/8/2020

Business interruption is on the minds of many, especially now as the COVID-19 pandemic has created unprecedented legal and business challenges. In this new podcast from JAMS, two well-respected neutrals with extensive...more

Will COVID-19 Qualify as a ‘Material Adverse Effect’?

Harris Beach Murtha PLLC on 5/27/2020

The pandemic and associated lockdown orders changed economic projections virtually overnight. As a result, organizations which were under contract at the onset of COVID-19 – e.g., to merge with or acquire another entity or...more

How Will Courts Interpret Force Majeure Clauses in the COVID-19 Crisis Response? Look to 2008 Recession Fallout for Clues

Lowenstein Sandler LLP on 4/6/2020

As the COVID-19 crisis continues to unfold, businesses nationwide are struggling to meet their existing contractual obligations. While companies may attempt to rely on force majeure clauses to exempt performance, they are...more

Interpreting the Force Majeure Clause in Your Contract

Partridge Snow & Hahn LLP on 3/20/2020

As businesses contend with the uncertainty caused by the novel coronavirus (COVID-19), evidenced by warnings of an imminent recession and empty grocery store shelves, one potential source of relief is the force majeure clause...more

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