American Law Institute Continuing Legal Education (ALI-CLE) will present the webcast “Force Majeure and Common Law Doctrines in the COVID Aftermath: Litigation Strategies and Drafting Solutions” on Thursday, June 2, from 12:30 to 2 p.m.
Force majeure, impossibility, frustration of purpose, and related defenses were less controversial in pre-pandemic times. Now, the invocation of these seldom looked at contract clauses and defense theories is commonplace, causing the judiciary and business parties negotiating transactions to scrutinize them, as well as the factors triggering their applicability.
Previous case law demonstrates a higher bar for claim satisfaction, however, evolving COVID-related jurisprudence is changing the landscape in Delaware and across the country.
Designed for both commercial litigators and transactional lawyers grappling with force majeure issues in today’s shifting environment, this timely webcast will give you the latest information and practical approaches you need to know before you take on your next case or draft your next commercial contract.
During this presentation, attendees will learn where force majeure interpretation and enforcement is expanding, contracting, or staying the same. Faculty will then highlight how force majeure and related litigation landscapes should influence drafting contract clauses for new transactions, as well as changing ones.
Topics of discussion include:
• Operating in the shadow of force majeure litigation and lessons learned from AB Stable and subsequent decisions
- The nexus between communication concerns and the way notice provisions operate in real time to trigger ordinary course and non-ordinary provisions
- How clients should adapt existing operations in light of ongoing disputes
• Relevant doctrines including indemnification, impossibility, frustration of purpose, ordinary course and notice provisions that might provide client protections absent excused performance under force majeure
• Whether courts are enforcing force majeure provisions as narrowly as they did pre-COVID
• Post-COVID drafting obstacles and solutions for your next force majeure clause
• Business interruption and other insurance considerations: A deal’s insurance requirements, insurance provision changes, the specificity required within your deal package, and whether coverage acquired
adequately covers losses
• Other important negotiation strategies and drafting approaches
This program will benefit lawyers who litigate commercial contract disputes arising out of COVID-19, as well as transactional lawyers who draft commercial contracts.
Cost for the webcast is $199. To register, visit www.ali-cle.org.
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Subscribe to the Legal News!
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Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
