Mar

    Pandemics, Natural Disasters, Unrest: Litigating Force Majeure Clauses in Franchise Agreements[CC]

    1 PM EDT

    A comprehensive overview of key things to consider when litigating force majeure clauses and other defenses for non-performance.

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    In these difficult and uncertain times due to the pandemic, franchisees and franchisors are attempting to stem the impact by shuttering doors, engaging in lay-offs, or ceasing or curtailing operations. These actions may impact obligations to franchisors or franchisees as well as creditors, employees, customers and clients. This webinar will explore force majeure clauses as a possible defense to the enforcement of various types of contracts such as leases and franchise agreements and the opposition to such clauses as well as similar common law defenses. The expert panel will analyze litigating force majeure issues, including the scope of different language used in force majeure provisions and whether the language in the force majeure clause includes COVID-19 cases; whether COVID-19 constitutes an unforeseeable or unavoidable occurrence as required for most force majeure clauses; the use of expert testimony in asserting or defending against the force majeure clause; and whether force majeure may be implied even where no provision is contained in the agreement. This panel will also discuss similar common law defenses, such as the doctrines of impossibility of performance, impracticability, or frustration of purpose as potential defenses. This panel is intended for franchise attorneys and other business attorneys who work with franchisee clients or other corporate clients, such as commercial landlords who work with franchisees.

    Event Details

    Duration

    90

    Format

    Web

    Date

    Mar 24, 2021

    2021-03-24T13:00:00-04:00 2021-03-24T14:30:00-04:00 Pandemics, Natural Disasters, Unrest: Litigating Force Majeure Clauses in Franchise Agreements[CC]

    A comprehensive overview of key things to consider when litigating force majeure clauses and other defenses for non-performance.

    Sponsors

    Panelists

    Adam G Wasch

    Frank James Sciremammano

    Megan B Center

    MCLE Information

    The ABA will seek 1.50 general CLE credit hours in 60-minute-hour states, and 1.80 general CLE credit hours in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.

    View - MCLE Details

    Deaf/Hard of Hearing Attendees

    CART (Communication Access Realtime Translation) service provides instant accessibility for the deaf and hard of hearing by delivering the spoken word as a realtime stream of text. CART service for this program is firewall-friendly and works in almost any network environment with Internet access, and is compatible with all major web browsers.

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