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An Act Of God?

ALM announced Tuesday the release of COVID-19 as a Trigger for Force Majeure: A Global Survey, a resource to quickly answer key questions about the impact of force majeure on contractual obligations during and in the aftermath of the pandemic. The authors are McDermott Will & Emery lawyers who worked with ALM to produce a Q&A that readers can immediately download and put to use on behalf of their companies and clients.

The survey covers 10 countries and 16 U.S. jurisdictions including California, New York, Illinois, Florida, Georgia, Pennsylvania, Massachusetts, New Jersey, Texas, and Washington, D.C. The international sections help lawyers and clients assess the contractual obligations in Belgium, Canada, China, Germany, France, India, Italy, Japan, Mexico, and the United Kingdom.

"We are particularly pleased with this collaboration because the McDermott Will & Emery authors delivered a highly practical approach to addressing complex issues through a Q&A method that will allow firms and legal departments to quickly get to the root of the issue as well as the key authority and steps they should take," noted Molly Miller, Chief Content Officer at ALM.

Using McDermott's global platform, authors Lisa Richman, Shawn Helms, Jason Krieser and Matthew Cin collaborated with firm colleagues throughout the 16 US jurisdictions and ten other countries outlined in this survey to fully engage businesses to respond to and best leverage contractual obligations amid the pandemic.

"During this time of COVID-19, we have responded to an unprecedented need for practical advice around force majeure and related contract performance excuse issues from companies seeking to enforce or avoid contracts. My co-authors and I produced a practical, quick reference guide for any company dealing with force majeure matters, whether it be COVID-19 related or another major event," said Lisa Richman.

Co-authors Jason Krieser and Shawn Helms provide high-level force majeure issues in outsourcing agreements in their treatise "Outsourcing: Law and Business" and view this Global Survey as a significant and needed expansion of that guidance, also published by ALM.

"This report responds to the complex questions we have heard from our most important business partners, our clients. Our intention here is to provide indispensable, forward thinking and practical advice for dealing with force majeure issues and we are thrilled to partner with ALM on this effort," added Jason Krieser.

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

* Q&A for 16 US jurisdictions and 10 international jurisdictions.

* Focus on immediate questions with expert guidance including relevant precedent.

* Consistently framed questions to allow for easy comparison for companies doing business in multiple jurisdictions.

* Detailed but easy-to-digest answers that include 'what you should do if you receive a force majeure notice' as well as additional remedies available by jurisdiction.

"Providing clear and actionable content for attorneys and businesses is part of a long standing tradition at ALM," says Annie Cavlov, Vice President & General Manager of ALM's Regulated Markets. "COVID-19 as a Trigger for Force Majeure provides just that and in an easy to use e-book and online format with linking to citations. We welcome this valuable resource as part of the over 200 titles we offer for the legal and insurance professionals community."

The title will be updated at least quarterly with industry-specific guidance as well as new precedent as it becomes available.


See also:
* JD Supra: Recent Bankruptcy Court Case The First To Provide Pandemic-Related Rent Relief To A Tenant Under A Force Majeure Clause.

* LaingBuisson: Force Majeure For The Healthcare Sector.

* Law 360: COVID-19 May Make Incomplete Contracts Renegotiable.


Comments welcome.


Posted on June 24, 2020

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