Description
During this presentation, you 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