Recent Litigation of Force Majeure and Other Contract Defenses During COVID-19

This program, presented by Baker Hostetler partner Gilbert S. Keteltas and associate Kyle T. Cutts, will discuss recent developments regarding the enforceability of force majeure clauses, and other contract defenses, to excuse performance impacted by the COVID-19 pandemic. The course will benefit attorneys advising clients on their contractual rights and obligations during the pandemic, as well as counsel responsible for drafting new contracts in the time of COVID-19.

1. Assess recent case law addressing the enforceability of force majeure provisions in light of the pandemic
2. Consider the viability of other defenses to contract performance and how those defenses have been interpreted in light of COVID-19
3. Address how these case developments impact force majeure language in new contracts going forward