To Renegotiate Contract Obligations or Litigate in the Wake of COVID-19: Guidance on Evaluating the Options and Possible Outcomes

$95.00

CLE credits earned: 1 General Credit (WA 1 Law and Legal)

By Edward H. Tillinghast, III and Jacqueline Simonovich, Sheppard Mullin Richter & Hampton, LLP

As COVID-19 has significantly affected businesses globally, contractual defenses, such a force majeure and frustration of purpose, have gained increasing attention. This seminar will provide an overview of how companies, with the help of inside or outside counsel, can better understand these defenses and renegotiate, rather than litigate, outstanding contractual obligations.

Key topics to be discussed:

• Overview of defenses, i.e., force majeure, frustration of purpose, for failure to perform due to COVID-19
• Factors companies and counsel should assess to decide whether to renegotiate vs. litigate outstanding obligations
• What companies and counsel should consider when deciding how to assert contractual defenses in negotiations to achieve the best results while factoring in the importance of the business relationship
• Practical next steps for any company facing outstanding obligations due to COVID-19

Date / Time: July 23, 2020

•   2:00 pm – 3:00 pm Eastern
•   1:00 pm – 2:00 pm Central
•   12:00 pm – 1:00 pm Mountain
•   11:00 am – 12:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 24 hours after the original recording date and are view-able for up to one year.

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Original Broadcast Date: July 23, 2020

Edward H. Tillinghast | Sheppard Mullin Richter & Hampton, LLP

Edward H. Tillinghast, III is a partner and Practice Group Leader of Sheppard Mullin Richter & Hampton, LLP’s Finance and Bankruptcy Practice Group. He specializes in U.S. and cross-border insolvencies, particularly involving Asia, Latin America, and other emerging and developing markets, and related creditors’ rights litigation.

Areas of Practice
Ed specializes in corporate reorganizations, cross-border insolvencies, creditors’ rights and related litigation, distressed acquisitions, and insolvency-related opinions. He advises clients in many jurisdictions throughout Asia, Australia, Europe, Russia, South America and the United States, and has been lead counsel for parties in cases in many courts, including the Supreme Court of the United States and cases in the Second and Third Circuit Courts of Appeal as well as many bankruptcy and district courts. He has represented debtors, committees, institutional lenders, indenture trustees, and distressed asset purchasers in many of the large U.S. chapter 11 cases.

Jacqueline Simonovich | Sheppard Mullin Richter & Hampton, LLP

Jacqueline Simonovich is an associate and member of Sheppard Mullin Richter & Hampton, LLP’s Business Trial Practice Group and the firm’s International Arbitration Team.

Areas of Practice
Jacqueline’s practice focuses on international commercial arbitration and complex civil litigation. She has litigated matters before international arbitral forums, including the ICDR and the ICC. Jacqueline graduated from Berkeley Law School and received the Prosser Prize in Health Law and Policy. During law school, she served as a publishing editor for the Berkeley Journal of International Law. Jacqueline also participated in Berkeley Law’s Death Penalty Clinic and wrote major portions of a Motion to Preclude Death Qualification, a practice that unfairly biases jurors against the defendant.

Accreditation Policy
myLawCLE seeks accreditation for all programs in all states. (Accreditation for paralegals sought thru NALA and NFPA paralegal associations.) Each attending attorney/paralegal will receive a certificate of completion following the close of the CLE program as proof of attendance. In required states, myLawCLE records attorney/paralegals attendance, in all other states attorney/paralegal is provided with the approved CLE certificate to submit to their state bar or governing association.

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Many states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, HI, CT, FL, ME, MO, MT, ND, NH, NM, VT, NJ, NY, and WV. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

I. Overview of defenses, i.e., force majeure, frustration of purpose, for failure to perform due to COVID-19 2:00-2:15
II. Factors companies and counsel should assess to decide whether to renegotiate vs. litigate outstanding obligations 2:15-2:30
III. What companies and counsel should consider when deciding how to assert contractual defenses in negotiations to achieve the best results while factoring in the importance of the business relationship 2:30-2:45
IV. Practical next steps for any company facing outstanding obligations due to COVID-19 2:45-3:00