Attorneys Elizabeth C. Brandon and Chauncey Lane of Reed Smith LLP will discuss how parties to commercial contracts can assess and manage their exposure to counterparties through force majeure provisions and other contractual provisions properly tailored for significant public health events like the Coronavirus exposure. Throughout the presentation, they will explore safeguards that parties to commercial contracts should consider in tailoring force majeure provision, and will offer guidance on how courts have typically interpreted and applied force majeure and other protective provisions to give attendees a realistic view of how these provisions have been tested in litigation. Finally, they will examine other options available to parties to commercial contracts to limit commercial liability related to public health epidemics, such as protections available under the common law and proper public disclosure.
This program is presumptively approved for 1.0 general CLE credit in California, Illinois, New Jersey, Pennsylvania, Texas and West Virginia. For lawyers licensed in New York, this course is eligible for 1.0 credit under New York’s Approved Jurisdiction Policy. Please allow four weeks after the program to receive a certificate of attendance.