Contracts and Deals Under Stress

Force majeure, material adverse effects, and contract rights when a counterparty goes bankrupt.

5:23

Brief

Is COVID-19 a Force Majeure Event?

How force majeure clauses are drafted, read narrowly by courts, and applied to a pandemic

4:18

Brief

COVID-19 Contract Defenses

Force majeure, impossibility, and frustration of purpose: when a crisis can excuse a contract.

10:54

Brief

Material Adverse Effects after COVID-19

How AB Stable v. MAPS reshaped MAE clauses and ordinary-course covenants in M&A agreements after COVID-19.

4:08

Brief

Termination for Bankruptcy Myth

Why contract clauses letting a party terminate on bankruptcy or insolvency usually fail in Chapter 11.

6:20

Brief

What Is Bankruptcy Mothballing?

How bankruptcy courts let retailers pause Chapter 11 cases and defer rent during the COVID-19 shutdowns.