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Force Majeure Clauses Are Taking Center Stage In Uncertain Times
"Force majeure" is the contract provision that describes events the parties agree are reasonably unforeseeable, unavoidable and outside of either party's control. Events triggering force majeure may include things like acts of God, political unrest, natural disasters and labor disruptions. A force majeure event allows a party to get away with failing to perform without liability to the other party.
Force majeure, previously dismissed as inconsequential boilerplate language, was thrust into the limelight in 2020. For many transactional attorneys, COVID-19 was the Ctrl+F heard around the world. Event cancellations, government mandates and other virus-related disruptions sent counsel digging through their contracts to make sure words like "pandemic, epidemic and public health emergency" were explicitly included in their force majeure clauses.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.