Litigating Updated Force Majeure Provisions and Impossibility Issues: New Developments and Strategies
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will discuss how the courts have addressed such defenses as force majeure, impracticability, and impossibility, and "change of law" clauses in breach of contract cases. The panel will also review drafting strategies that parties may use to protect themselves from price increases resulting from uncontrollable events such as supply chain disruptions, tariffs, and governmental actions.
Outline
- Force majeure clauses and related doctrines
- Impracticability and impossibility
- Change of law clauses
- Types of cases in which they have been raised
- Industries in which the doctrines appear most frequently
- The relative success of arguments made
- Timeliness and waiver
- What facts must be shown
- Whether an objective or subjective standard applies to the definition of impossibility
- Whether the party invoking the defense contributed to the event
- In what fact patterns have force majeure proved most valuable
- Conflict of laws issues
- Settlement
- Recent cases
Benefits
The panel will review these and other critical matters:
- How force majeure clauses and related doctrines of impracticability and impossibility are similar and different
- Notice requirements and deadlines
- How and when such defenses are best raised
- Burdens of proof
- Likely fact issues
- Choice of law issues
- Best drafting practices for revising force majeure provisions
Faculty
Mark A. May
Shareholder
Dentons
Mr. May is a shareholder at Dentons. He is a litigator with 25+ years of experience. Mr. May actively represents... | Read More
Mr. May is a shareholder at Dentons. He is a litigator with 25+ years of experience. Mr. May actively represents clients in complex, commercial litigation matters. He has extensive experience in using mediation, appraisal, arbitration, and litigation to obtain and monetary and non-monetary recoveries, settlements, awards, and verdicts for his clients. Mr. May has the unique experience of litigating on behalf of insurance companies and policyholders. He has secured significant dismissals of insurance coverage actions brought against his insurance company clients.
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Amy L. Mitchell
Of Counsel
Spencer Fane
Ms. Mitchell represents clients through a wide range of personal injury, construction defect, and commercial litigation... | Read More
Ms. Mitchell represents clients through a wide range of personal injury, construction defect, and commercial litigation matters, effectively managing all aspects of casework from inception to conclusion. During nearly four decades as an attorney, she has handled more than 3,000 litigation cases and successfully tried over 80 trials by utilizing her multifaceted skills as a powerful trial advocate and certified arbitrator to achieve favorable outcomes both in and out of the courtroom.
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