COVID-19: Litigating Force Majeure, Impossibility and Other Contractual Performance Issues

An encore presentation featuring live Q&A

A 90-minute CLE webinar with interactive Q&A

Tuesday, July 14, 2020 (in 4 days)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926
Program Materials

This CLE webinar will explore resolving disputes over and litigating the rarely-invoked force majeure clause and related doctrines of impracticability and impossibility when performance is delayed or becomes too difficult or is not possible.


To allocate the risk of non-performance when circumstances arise that are beyond the their control, parties usually include a force majeure clause in their contracts.

Closely related to force majeure, is the impossibility doctrine that may apply if something necessary for performance is destroyed, or if government mandates render performance illegal.

Although these doctrines have seldom been invoked and the applicable contract provisions may vary, the current COVID 19 pandemic has made them of great interest.

Listen as our authoritative panel discusses what litigating force majeure defenses would involve, the ramifications of settlement, the nuts and bolts of statutes of limitations, discovery issues, notice requirements, deadlines that have been or may be triggered, and damages.



  1. Force majeure clauses and related doctrines
    1. Types of cases in which they are most likely to arise
    2. Industries in which the doctrines appear most frequently
  2. Timeliness and waiver
  3. What facts must be shown
    1. Whether and objective or subjective standard applies to the definition of impossibility
    2. Whether the party invoking the defense contributed to the event
  4. Conflict of laws issues
  5. Settlement


The panel will review these and other critical matters:

  • How force majeure clauses and related doctrines of impracticability and impossibility are similar and different
  • Notice requirements and deadlines
  • How and when such defenses are best raised
  • Burdens of proof
  • Likely fact issues
  • Choice-of-law issues

An encore presentation with live Q&A.


Nielsen, Matthew
Matthew G. Nielsen


Mr. Nielsen represents companies, boards, executives, and securities firms and professionals in internal and government...  |  Read More

Shargel, David
David A. Shargel


Mr. Shargel is a business litigator with extensive experience representing clients in complex commercial disputes and...  |  Read More

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