Force Majeure and Common Law Doctrines in the COVID Aftermath: Litigation Strategies and Drafting Solutions, Webcast Panel Discussion Hosted by ALI-CLE
Corporate Litigation and Counseling Partner, Emily V. Burton, will be participating in a webcast panel discussion entitled "Force Majeure and Common Law Doctrines in the COVID Aftermath: Litigation Strategies and Drafting Solutions," on September 22, 2021 beginning at 2:30 p.m. ET. Ms. Burton will be joined on the webcast by Partner Jayne E. Juvan, Tucker Ellis LLP and George P. Bernhardt, Managing Counsel – Global Real Estate, Baker Hughes Company. The program is hosted by American Law Institute Continuing Legal Education ("ALI-CLE").
Designed for both commercial litigators and transactional lawyers grappling with force majeure issues, this webcast will give you the latest information and practical approaches before you take on your next case or draft your next commercial contract.
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 litigations or disputes
- Relevant doctrines including indemnification, impossibility, frustration of purpose, ordinary course and notice provisions that might provide client protections absent excused performance under force
- Whether courts are enforcing FM 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
For additional information, visit the ALI-CLE website at Force Majeure and Common Law Doctrines in the COVID Aftermath: Litigation Strategies and Drafting Solutions (ali-cle.org)