Coronavirus and Contract Performance: Force Majeure and Related Doctrines

Program Number: 3098

Program Date: 03/31/2020

Description

COVID-19 (Coronavirus) continues to exact a significant toll on economies and supply chains globally. When do such disruptions excuse contract performance? How can your business protect its contracts and mitigate risks? Drawing on U.S. case law involving Avian Flu and other contagions, Dan and Shevon take a look at force majeure and other related doctrines, including impossibility, frustration of purpose, and commercial impracticability to help answer these questions and give participants guidance on actions they can take right now to better guard against contract performance risks related to the COVID-19 pandemic. They will also discuss the China Council for the Promotion of International Trade’s newly instituted force majeure certificate application process

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Available in states

California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, based on a 50 minute credit hour
60 minute credit hour - 1.0 General CLE credit, based on a 60 minute credit hour

State Program Numbers

Presenters


Daniel J. Brown, Esq.

Dorsey & Whitney LLP

A partner in the Trial Group, some of Dan’s areas of concentration include securities litigation, contract and intellectual contract disputes, insurance litigation, Directors and Officers liability insurance coverage issues, and litigation in the agricultural industry.

 

Shevon D.B. Rockett, Esq.

Dorsey & Whitney LLP

Shevon's practice focuses primarily on the defense of pharmaceutical, medical device, and other companies in complex litigation matters. She has represented AstraZeneca, Boehringer Ingelheim, Dentsply Sirona, Intuitive Surgical, Inc., Pfizer, Takeda, TASER International, Inc., and other large corporate clients in local, regional and national products liability and commercial litigation, as well as in government investigations and consumer fraud cases.

Shevon plays an integral role in case strategy and fact development, and has managed active dockets involving single suits, collections of individual lawsuits, class actions, and Multidistrict Litigations. She also has experience organizing and supervising large-scale document production and review projects.

Shevon develops trial strategy, and has successfully drafted and argued dispositive, in limine, and Daubert/Frye motions. She also has significant experience preparing expert witnesses and company employees from various backgrounds and areas of expertise for depositions and trial. In addition, Shevon conducts litigation risk assessments, establishes and manages e-discovery processes, implements compliance programs, and conducts trainings for in-house counsel and staff.

Shevon maintains an active pro bono practice that has included section 1983 prisoner civil rights litigation, divorce representation, and the successful obtainment of permanent residence status for immigrants through the Violence Against Women Act. She has also represented homeowners in premises liability matters, and successfully appealed the denial of an assistive technology petition for a disabled client. Shevon has been on the First Judicial District of Pennsylvania's Pro Bono Roll of Honor each year since 2009.

 

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