06
May

The impact of the novel coronavirus disease 2019 (COVID-19) has been felt across all industries.  Government-ordered shutdowns of non-essential work closed many businesses.  Those that continue (and perhaps even grow) nonetheless suffer from COVID-19 related disruptions.  As a result, many companies and individuals are struggling or unable to fulfill their contractual obligations. Lawyers have written extensively about the force majeure provisions in some contracts that explicitly excuse performance when extraordinary events within their scope preclude performance.[1]  Depending on the ...

25
Jun

In this era of tightening federal budgets and periodic government shutdowns, there can be no guarantee that any particular federal courthouse will be open for business—or even in existence—at the time an agreement spawns litigation. Under a recent Ninth Circuit decision, such a closure could be more than inconvenient: it could cut off a party’s bargained-for access to federal court. In a matter of first impression, the U.S. Court of Appeals for the Ninth Circuit recently held that a venue-selection clause ...