Celesq® Programs

Beyond Force Majeure: Preparing Your Business for Contracting and Dispute Resolution Issues During the COVID-19 Era

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COVID-19 has focused businesses on contract performance obligations in an unprecedented way—including the extent to which a business must continue performing its obligations, how to mitigate risk going forward and the recourse and remedies available in the event a counterparty fails to perform its obligations. While much attention has understandably been devoted to the scope and effect of force majeure clauses, the economic fallout from COVID-19 triggers issues and disputes between contracting parties that will require interpretation and application of a number of other contract provisions, some of which may have been an afterthought during contract negotiations and many of which are less frequently interpreted and applied by courts. This CLE program will first examine the key contracting issues that are likely to arise as the pandemic continues to disrupt commercial activity around the world in addition to force majeure, we will look at common contractual provisions that are likely to be implicated, such as limitation of liability, indemnification, “time is of the essence, notice and dispute resolution clauses. We will also review the effect of common law doctrines, such as impossibility and frustration of purpose, on contract performance. Next, we will examine how the pandemic has affected litigation around the country, from extending statutes of limitations to the closing of courthouse doors, and offer practical tips for businesses to prepare for future contracting disputes.

Available in States

  • California
  • Georgia
  • New Jersey
  • New York
  • Texas Self Study

Program Categories

  • (ADR) Alternative Dispute Resolution
  • Business Organizations & Contracts
  • Complex Litigation
  • Complex Resolution Strategy
  • Contracts
  • Corporate and Commercial Law
  • Covid-19
  • Dispute Resolution
  • Federal Courts
  • Litigation & Litigation Skills
  • Litigation and Appeals
  • Regulatory and Administrative Law
  • Trial Skills