COVID-19 and Force Majeure: Potential Impact on Transactions and Projects in Real Estate and Hospitality

Program Date: 07/31/2020
Description
As the coronavirus (COVID-19) outbreak continues to have an impact on society, it is impacting construction projects and real estate transactions across the country, giving rise to a wide variety of complex contract and other business disputes.
Paul M. “Tad” O’Connor III and Jennifer McDougall, litigation partners at Kasowitz Benson Torres LLP with significant experience in real estate and hospitality related disputes, will discuss the following:
• The invocation and enforceability of force majeure, impossibility, and frustration of purpose clauses when businesses are unable to perform their contractual obligation
• Drafting and negotiating commercial agreements to include such clauses
• The enforceability of term sheets and similar agreements in real estate and hospitality disputes
• Real world case studies depicting the litigation and negotiation necessary to support or oppose the applicability of force majeure, impossibility, and frustration of purpose clauses.
Available in states
California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, Texas Self Study
Credit Information
50 minute credit hour - 1.0 General CLE credit, based on a 50 minute credit hour
60 minute credit hour - 1.0 General CLE credit, based on a 60 minute credit hour
State Program Numbers
Program Categories
Administrative Law & Regulations
Complex Litigation
Covid-19
Federal Courts
Florida Eligible
Hospitality Law
In-House Counsel
Litigation & Litigation Skills
Litigation and Appeals
Real Estate
Trial Skills
Presenters
![]() Jennifer McDougall, Esq. Kasowitz Benson Torres |
Jennifer McDougall’s practice primarily focuses on commercial real estate, securities, and complex financial products litigation, where she represents both plaintiffs and defendants in state and federal courts at the trial and appellate levels, as well as in arbitrations. She also has experience in matters involving creditors’ rights and bankruptcy. Jennifer has a successful track record of recovering or defending against claims for hundreds of millions of dollars for the firm’s clients. Jennifer’s clients include some of the largest real estate developers, hotel owners and developers, and real estate and hospitality companies in the country, including JDS Development, Aman Resorts, OKO Group, and Hudson Realty Capital. Jennifer also works with Kasowitz’s Real Estate Transactions group to counsel clients concerning the litigation implications of their agreements. Jennifer also devotes her time to pro bono work. She leads Kasowitz’s efforts in providing pro bono representation to marginalized and vulnerable Westchester residents through a partnership with the Legal Services of the Hudson Valley. Jennifer has represented a number of Westchester’s most vulnerable families in eviction and foreclosure cases, preventing them from losing their homes. |
![]() Paul 'Tad' M. O'Connor III, Esq. Kasowitz Benson Torres |
Paul “Tad” M. O’Connor is a distinguished first chair trial and appellate litigator focusing on complex commercial cases. He is regularly cited for his legal knowledge by publications including The Wall Street Journal, The American Lawyer and Law360. Tad’s clients have included, among others, private equity powerhouse TPG, Fortress Investment Group, a lender in a dispute relating to Liverpool Football Club, and many major international real estate and hospitality companies including Related, JDS, L and L Holdings, Maximus, InterContinental Hotels Group, Crowne Plaza, Morgans, sbe, Hilton and Aman Resorts. Tad represents private equity firms, hotel owners and developers, major corporations and wealthy individuals in federal and state courts around the country and before arbitration tribunals in the United States and Europe. He has been involved a number of times in obtaining discovery outside the United States under international conventions and treaties. As a result of his work, Tad has been appointed by courts to serve as a bankruptcy trustee and as a director of a facility administering large product liability settlements. He has been recognized by Chambers USA, The Legal 500 and Benchmark Litigation as one of the top litigators in the United States. |
Categories
- (ADR) Alternative Dispute Resolution
- Administrative Law & Regulations
- Advertising
- Aircraft Law
- Alcohol and Beverage Laws
- Antitrust Law
- Arbitration & Alternative Dispute Resolution
- Art Law
- Artificial Intelligence
- Asset Protection
- Aviation Law
- Banking & Finance Law
- Bankruptcy Law & Creditor Rights
- Biotechnology & Life Sciences
- Business Law
- Business Organizations & Contracts
- California Consumer Privacy Act (CCPA)
- California Participatory MCLE Programs
- Cannabis Law
- Colorado Homestudy
- Communication Skills
- Communications and Media Law
- Complex Litigation
- Complex Resolution Strategy
- Computer, Internet & E-Commerce Law
- Constitutional Law
- Construction Law Series
- Consumer Protection Laws
- Contracts
- Copyright Law
- Corporate and Commercial Law
- Corporate and Securities Law
- Counterfeiting
- Covid-19
- Criminal Law & Procedure
- Criminal Law & White Collar
- Criminal Practice & Procedure
- Cryptocurrency
- Cybersecurity
- Data Security and Outsourcing
- Discrimination Law
- Dispute Resolution
- Diversity, Inclusion and Elimination of Bias
- Document Review
- Domestic Relations
- Drone Law
- E-Discovery
- Education Law
- Elder Law
- Election, Campaign & Political Law
- Elimination of Bias--Special ethics
- Employee Benefits & Compensation
- Employment & Labor Law
- Energy
- Entertainment/Arts
- Environmental Law
- Estate Planning
- Estate Planning & Probate
- Ethics & Professionalism
- Family Law
- Fantasy Sports Gaming
- Fashion Law
- Federal Courts
- Financial Regulatory
- Financial Services
- FinTech
- Florida Eligible
- Forensic
- Fraud Schemes
- Gaming
- Government Claims & Military Law
- Government Contracting
- Green Technology
- Health Care Law
- Hospitality Law
- Immigration and Naturalization Law
- In-House Counsel
- Information Technology
- Insider Trading
- Insurance Law
- Intellectual Property Law
- International Law
- International Law & Global Trade
- Jury Selection Skills
- Labor & Workforce Management Law
- Labor Law
- Law Practice Management
- Legal Management
- Legal Writing
- Litigation & Litigation Skills
- Litigation and Appeals
- Media & Communication Law
- Mediation
- Medical Malpractice
- Mergers & Acquisitions
- Negligence, Malpractice & Personal Injury
- Negotiation Skills
- New York Accredited
- New York Privacy Law
- North Carolina
- Not Available for CLE Credit
- Oil & Gas Law
- Other States - Consult Your State Bar
- Patent Law
- Personal Injury
- Pharmaceutical Law
- Privacy and Data Security
- Privacy Law
- Professional Development
- Real Estate
- Regulatory and Administrative Law
- Religious Diversity
- Securities & Investing
- Securities and Antitrust Litigation
- Skills
- Social Media Law
- Speciality Credit
- Sports Law
- State Specific - CA
- State Specific - CA (Qualifies for Substance Abuse)
- State Specific - DE
- State Specific - NY
- State Specific Programs
- State Specific: CA (qualifies for Elimination of Bias)
- State, Local and Municipal Law
- Substance Abuse
- Substance Abuse & Bias
- Tanenbaum on Technology Law
- Taxation Law
- Technology Law
- Telemedicine
- Terrorism
- Texas Participatory CLE Programs
- Tourism and Gaming
- Trademark Law
- Trial Skills
- W Records
- White Collar
- Workplace training
- Wrongful Death