Was the classic song “Over The Rainbow” plagiarized? How about a claim of copyright infringement against the script for “The Holdovers?” AI Legal strategies switch to claims of CMI removal
Energy Contracting and the Hidden Power of the Force Majeure Clause - Energy Law Insights
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Force Majeure Revisited
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Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)
Commercial/Retail Therapy: Assessing the Pandemic’s Impact on Real Estate
COVID-19 Commercial Leasing Trends (Part One)
Monthly Minute | Due Diligence Considerations Related to COVID-19
Williams Mullen's COVID-19 Comeback Plan: Landlord and Tenant Negotiations for Existing Commercial Leases Amid the COVID-19 Pandemic
AF COVID-19 Podcast: Mediation & Force Majeure
Blakes Continuity Podcast: Litigation Fever – Part I: What Lies Ahead?
Construction Delays in the Time of Coronavirus: A Legal Perspective
Coronavirus, An Unforeseeable Circumstance: Does Your Contract Protect You Under Force Majeure Clauses?
What is a Force Majeure Clause, and Why Can You Expect to Hear Much More About It?
Force Majeure Provisions During the COVID-19 Pandemic
AF COVID-19 PODCAST: Force Majeure, Impossibility, and Impracticability After Coronavirus
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
The advent of the COVID-19 rapid antigen test launched at-home diagnostics to the forefront of conversation in the life sciences industry. Many believe this is only the beginning. As the share of telehealth services...more
The Dartmouth men’s basketball team voted to unionize Tuesday in an unprecedented step toward forming the first labor union for college athletes and another blow to the NCAA’s deteriorating amateur business model....more
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
Perhaps nothing has proven the indispensable value of commercial sterilizers more than the devastating worldwide COVID-19 pandemic. Without the highly effective and efficient commercial sterilizer ethylene oxide (EtO), we...more
Nearly four years after the depths of the COVID-19 pandemic, issues concerning the legal consequences of executive and legislative orders shutting down business operations are still working their way through appellate courts...more
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
As a response to member feedback relating to the COVID-19 pandemic and following a period of consultation with its members beginning in 2022, the International Swaps and Derivatives Association (ISDA) has published a number...more
The International Swaps and Derivatives Association, Inc. (“ISDA”) has published a form of amendments to the Notices provision and the alignment of treatment of English law and New York law governed Credit Support Annexes...more
One of the questions in real estate law arising out of the pandemic is what impact the pandemic and related closure orders would have on commercial leases, and in particular a tenant’s obligation to pay rent. Many, if not...more
Last week, Florida’s Second District Court of Appeals handed down a pro-landlord decision arising out of the COVID-19 pandemic. See Fitness International, LLC v. 93FLRPT, LLC, No. 2D22-1182, May 10, 2023. One week later...more
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
In recent years, brick-and-mortar businesses faced hardship with government shutdowns forcing them to pay expenses without revenue. Desperate for relief, tenants sought court help but were consistently denied and required to...more
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
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
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
Climate factors' impact on a debtor's ability to honor its obligations has been recognized for over 4,000 years. It was the Code of Hammurabi in Mesopotamia that first mandated a deferral of principal repayment and...more
We set out below a number of interesting English court decisions and market developments which have taken place and their impact on M&A transactions. This review looks at these developments and gives practical guidance on...more
The Appellate Division of the Singapore High Court recently provided the construction industry with interesting, and somewhat unexpected, guidance regarding COVID as a force majeure event in the context of construction...more
Over the last two years, the widespread shortages, stoppages, and other disruptions affecting much of the global supply chain have led manufacturers, suppliers, and buyers alike to examine their contract terms for an...more
Perhaps since the very first executive order came out ordering businesses to close amid the early stages of the Covid-19 pandemic, attorneys have been holding their breath, waiting to see how Covid-19 would play out in terms...more
With disruptions affecting every aspect of the supply chain, companies are increasingly encountering legal arguments offered to justify a failure to meet supply obligations. This article in the Supply Chain Disruption Series...more
Partner Brian Gaudet recently presented on “Hot Topics in Construction Contracting” at the Association of Corporate Counsel Houston Chapter Meeting. With the continuing impact of Covid-19, the supply chain crunch, world...more
Kilpatrick Townsend Partner Brian Gaudet recently presented on “Hot Topics in Construction Contracting” at the Association of Corporate Counsel Houston Chapter Meeting. With the continuing impact of Covid-19, the supply chain...more
It was announced that UCLA will receive a settlement payment in an amount of approximately $67.5 million from sports apparel manufacturer Under Armour to resolve a lawsuit stemming from the termination of a sponsorship deal....more