Force Majeure Clauses in Post-COVID-19 Contracts: Drafting and Enforcing Provisions
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will focus on drafting force majeure clauses to address the issues and factors required by U.S. courts for enforcement, as well as addressing 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 non-performance, 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
Ms. Rodriguez-Taseff has extensive experience as lead counsel handling state and federal jury and non-jury trials,... | Read More
Ms. Rodriguez-Taseff has extensive experience as lead counsel handling state and federal jury and non-jury trials, arbitrations and administrative trials. She is fully fluent in written and spoken Spanish and has actively represented corporate and individual interests in international matters and legal disputes involving Asia, Latin America and Europe. Lida has vast experience in the areas of project and litigation management, including leading litigation teams from the inception of matters to conclusion.Close