LawCatalog remains OPEN and operational.

Our expert-written resources are available in digital and print formats to best suit your specific situation. We realize that many of you are working from home and may not have access to the resources you need. Please do not hesitate to contact customercare@alm.com with questions regarding access to print and/or digital formats.

COVID-19 as a Trigger for Force Majeure: A Global Survey

As low as $399.00 Regular Price $699.00
In stock
SKU
ONLY738
Succinct key questions and answers to issue of impact of pandemic on contractual obligations under force majeure across US and global jurisdictions

For a limited time, save $300 off the list price ($699) for this NEW title from Law Journal Press! Get our current price guarantee until Sep 23, 2020.
--

Businesses in all industries and locations are facing contract performance and enforcement issues right now. Although force majeure clauses are most common in construction and real estate contracts, as a result of COVID-19, more businesses are likely to add such clauses and to ask for insurance coverage. Be prepared with guidance that directly addresses the multi-jurisdictional variations—in the US and globally.

COVID-19 as a Trigger for Force Majeure: A Global Survey is an FAQ eBook providing answers to key questions such as:

  1. How does COVID-19 affect contractual obligations, including insurance policies?
  2. How are force majeure provisions, especially the ones in insurance contracts, interpreted in the jurisdictions in which a business operates?
  3. What types of events qualify as force majeure in those jurisdictions? Under what circumstances will an event be considered a “qualifying event”?
  4. Do courts there construe force majeure clauses broadly or narrowly and on what basis?
  5. What insurance coverage for business interruption might be available to a claim of force majeure?
  6. What steps should you take if you think force majeure might apply to your contracts?
  7. Are there additional contract provisions or principles that a party can leverage to excuse its lack of performance in that jurisdiction?
  8. What should you do if you receive a force majeure notice?
  9. Are there additional remedies for the counterparty?
Updates: The pandemic is continually changing the environment, and the long-term effects on businesses and their agreements will be reviewed for months to come. COVID-19 as a Trigger for Force Majeure: A Global Survey will be updated quarterly (with more frequent updates released depending on emerging litigation or other developments).
Additional Information
SKU ONLY738
Brand Law Journal Press
Publication Date June 23, 2020
Jurisdiction National, International
ISBN 978-1-58852-441-6
Page Count 193
Author Jason D. Krieser, Shawn C. Helms, Lisa M. Richman, and Matthew R. Cin, McDermott Will & Emery
Write Your Own Review
Only registered users can write reviews. Please Sign in or create an account

TABLE OF CONTENTS

About the Authors........................................ 3

Introduction.................................................. 6

 

UNITED STATES

California...................................................... 8

District of Columbia................................... 13

Delaware.................................................... 18

Florida........................................................ 22

Georgia...................................................... 28

Illinois......................................................... 33

Maryland.................................................... 41

Massachusetts........................................... 47

New Jersey................................................ 54

New York................................................... 61

North Carolina............................................ 68

Pennsylvania............................................. 75

Tennessee................................................. 86

Texas......................................................... 91

Virginia....................................................... 97

Washington.............................................. 102 

Citations: United States........................... 167

Citations: Around the World..................... 188

 

AROUND THE WORLD

Belgium.................................................... 108

Canada.................................................... 112

People’s Republic of China..................... 120

France...................................................... 126

Germany.................................................. 132

India......................................................... 139

Italy.......................................................... 145

Japan....................................................... 151

Mexico..................................................... 157

United Kingdom....................................... 162

 

Jason D. Krieser

Jason Krieser is the co-head of the Firm’s Technology & Outsourcing Practice, and the office managing partner for Dallas and Houston. He advises clients on all aspects of technology transactions, outsourcing matters, telecommunications and other complex commercial contracts, including artificial intelligence and robotic process automation arrangements. He is an internationally recognized advisor on outsourcing matters, including information technology (IT), business process (finance and accounting, human resources, logistics and facilities management) and offshore issues. He also handles technology development and licensing matters, joint ventures, strategic alliances, manufacturing agreements, key supply and distribution agreements, other complex service agreements, Internet of Things (IoT) and e-commerce matters. He has handled cloud-computing transactions for the past 20 years, including software as a service (SaaS), infrastructure as a service (IaaS) and platform as a service (PaaS) transactions.

Jason is the co-author of a legal treatise on outsourcing law titled Outsourcing: Law and Business published by Law Journal Press (the treatise publishing arm of American Lawyer Media). This treatise gives detailed treatment to all material legal and business issues associated with outsourcing transactions. The form of master outsourcing services agreement developed by Jason and his co-author, and featured in the treatise, is publicly available and widely used in the outsourcing industry.

Shawn C. Helms

Shawn C. Helms is co-head of the Firm’s Technology & Commercial Transactions and Outsourcing Groups. Shawn has broad experience in the areas of information technology, outsourcing and telecommunications. He focuses his practice on complex transactions involving technology and intellectual property, including blockchain, business process outsourcing (BPO) and information technology outsourcing (ITO), licensing, cloud computing arrangements (infrastructure as a service (IaaS), software as a service (SaaS) and platform as a service (PaaS)), technology maintenance and services, technology development/customization (including iPhone, Android and other mobile device applications and systems), wireless infrastructure, robotic process automation (RPA), artificial intelligence, social media issues, strategic alliances, e-commerce, distribution, internet of things (IoT), confidentiality, strategic sourcing and data security/privacy. He also advises clients on transition services and technology and intellectual property matters relating to the acquisition or divestiture of businesses. Shawn also has significant experience in advising clients through contract lifecycle management processes, software audits and related negotiations and settlements, open source software issues and software escrow matters.

Shawn has written widely on the topics of technology and outsourcing. Shawn is the co-author of a legal treatise on outsourcing law, Outsourcing Law and Business published by Law Journal Press (the treatise publishing arm of American Lawyer Media). It is the only comprehensive treatise on outsourcing law. This treatise gives detailed treatment to all material legal and business issues associated with outsourcing transactions. The treatise also covers changes in the outsourcing industry (e.g., RPA, cloud computing and smaller transactions) and suggests new tools and a modern approach for dealing with these changes. Learn more at www.outsourcingtreatise.com.

Previously, Shawn was a partner at an international law firm, in-house counsel at Sprint Nextel Corporation and the director of information technology at Williams & Connolly. Shawn earned bachelor’s degrees in computer systems, business administration and economics.

Shawn worked as part of a team to create free, downloadable form Master Outsourcing Service Agreements (MOSA) for United States and German law. 

Lisa M. Richman

Lisa M. Richman focuses her practice on international dispute resolution matters, with a particular emphasis on international commercial arbitration and public international law. She has experience representing clients in a broad range of matters, including in the areas of international commercial and investment arbitrations, securities enforcement, securities litigation, general commercial litigation disputes and insurance coverage.

Lisa’s clients have included investors, governments, corporations, corporate officers and directors, and individuals in disputes seated in common law and civil law jurisdictions worldwide. Her work has included disputes conducted under ICC, ICSID, ICSID AF, AAA/ICDR, SIAC, HKIAC, JAMS, DIS, LCIA, CPR, Swiss Rules and UNCITRAL Rules as well as pure ad-hoc arbitrations. She has handled disputes in a wide variety of industries with a particular focus on disputes relating to energy, oil and gas, intellectual property, pharmaceutical, infrastructure, licensing, securities, telecommunications, joint ventures and construction.

Lisa also has represented corporations, corporate officers and directors, and individuals in international and domestic arbitrations and litigations in the US and around the world. Complementing her dispute resolution expertise, Lisa has managed internal investigations worldwide and has helped a variety of companies to resolve government investigations, including World Bank Sanctions proceedings. Lisa is listed on the arbitrator list of the Vienna International Arbitral Centre (VIAC), in the LCIA’s database of neutrals and is a member of the SIAC Users Counsel, the ITA Americas Committee and the DIS Rules Revision Committee. She is a native German speaker, and also speaks Spanish and French.

She has received recognition for her expertise as a dispute resolution specialist by, among others, Global Arbitration Review, Who’s Who Legal, Benchmark Litigation, the Commercial Arbitration Expert Guide, the National Law Journal, the American Lawyer, Juve, Super Lawyers and Law360.

While in law school, Lisa was a notes and comments editor for The Tax Lawyer. Following law school, Lisa was a law clerk for the Honorable A. Franklin Burgess, Jr. of the District of Columbia Superior Court.

Matthew R. Cin

Matthew Cin advises a broad range of clients on global privacy and data security issues, and on technology transactions, outsourcing matters and other complex commercial contracts. He represents technology companies, cloud service providers, healthcare providers, health information technology vendors, retailers, financial institutions, consumer products manufacturers and consumer analysis providers with US and international privacy, security and security breach response issues, including navigating the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Telephone Consumer Protection Act (TCPA), General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), Children’s Online Privacy Protection Act (COPPA), Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act, and other international, federal and state laws. Matthew also counsels clients on global product launches and product and mobile app reviews.

Matthew counsels clients on national data breach response matters and protecting personally identifiable information and infrastructure, including compliance with the Payment Card Industry Data Security Standards. He also helps clients implement biometric technologies, beacon tracking devices, and internet of things devices and services. He has a wealth of experience advising key industry players on compliance with the Illinois Biometric Privacy Act and other similar biometrics laws.

While in law school, Matthew interned at a top international social networking company.