Force Majeure Clauses in Contracts: Drafting and Enforcing Provisions for U.S. and International Agreements
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will focus on drafting force majeure clauses to address the issues and factors required by U.S. courts for enforcement and address the international reach and interpretation of what "superior force" may mean on a global level. The panel will guide counsel on the precise nature of the language needed, what constitutes unforeseeable, the causation between an event and nonperformance, and evidence that effects are so severe that obligation cannot be performed.
- Elements of force majeure
- Definitions of acts of God
- Severity of event
- Prior global force majeure events and court decisions
- Global enforcement
- European Union
The panel will review these and other key issues:
- What are the necessary elements of force majeure provisions?
- How might the definition of unforeseeable impact enforcement?
- How is the nexus between the inability to perform and the force majeure event determined?
- How does global enforcement of force majeure provisions vary in China and the European Union?
Michael W. Massiatte
Mr. Massiatte focuses his practice on labor and employment matters, including employee relations, employee benefits,... | Read More
Mr. Massiatte focuses his practice on labor and employment matters, including employee relations, employee benefits, and obligations arising in connection with mergers and acquisitions. He also counsels clients on litigation, commercial transactions, corporate compliance and ethics, and risk management matters and he frequently conducts high-level internal investigations. Mr. Massiatte provides advice and counseling to entities of all sizes, ranging from Fortune 100 companies to startups, on a wide range of business and employment-related issues. He regularly works with employers to review and update employment policies and to provide training on a wide range of topics.Close
Crystal Jamison Woods
Ms. Woods has a diverse legal practice involving labor and employment and complex commercial litigation, with a primary... | Read More
Ms. Woods has a diverse legal practice involving labor and employment and complex commercial litigation, with a primary focus on litigating disputes and counseling on matters implicating trade secrets, restrictive covenants and fiduciary duties.Close