The COVID-19 pandemic presents unprecedented challenges to the conduct of our everyday lives. With the CDC and independent epidemiologists’ projections that the virus is only in its nascent stages in the United States, businesses and individuals will likely continue to feel the painful side effects of COVID-19 for the foreseeable future. While necessary and prudent, the recent (and constantly evolving) mandates by federal, state and local governments promoting social distancing and restricting non-essential activities undoubtedly compound the pandemic’s economic effect on businesses and individuals alike. When businesses or individuals are unable to perform their contractual duties as a result of COVID-19 and such restrictions, force majeure clauses and the defense of impossibility become paramount.
For more information with respect to the foregoing, please read a memo drafted by Zachary M. Seelenfreund, Jeanne R. Solomon and Philip T. Simpson, by clicking the following link: Force Majeure, Impossibility, and Frustration of Purpose In the Era of COVID-19.
The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Robinson Brog representative. This material may be considered advertising under certain rules of professional conduct.