COVID-19 has significantly impacted many businesses’ ability to perform their existing commercial contracts and agreements as promised. In this two-part course, you will learn about specific contractual provisions that may provide relief as the parties seek to determine their rights to enforce (or to be excused from) performance and will examine external sources that clarify and define the parties’ rights and obligations when strict compliance with the contract isn’t possible.
Credits: 2 General, 0 Diversity/Inclusion PR, 0 MH/SA PR, 0 Other PR
Presented by: Lenné Eidson Espenschied, Next Level Contracts, Saint Simons Island, Georgia
Resolving COVID-19 Contract Disputes: Part 1 - Contractual Provisions that Bend and Flex
Examine specific contractual provisions that may provide relief as the parties seek to determine their rights to enforce, or to be excused from performance, under the contract because of the pandemic. Learn how to determine whether existing Force Majeure, Amendment, Conditions, Material Adverse Change, Limitations of Liability, Liquidated Damages, and Cooperation provisions are flexible enough to be relevant in COVID-19 situations, even though the provisions don't mention COVID. Get clear, practical recommendations for crafting language that builds flexibility to accommodate business disruptions going forward.
Resolving COVID-19 Contract Disputes: Part 2 -- Extra-Contractual Doctrines
Examine external sources that clarify and define the parties’ rights and obligations when strict compliance with the contract isn’t possible due to the effects of the pandemic. Understand UCC provisions regarding excuse by failure of presupposed conditions and anticipatory repudiation. Learn about the “nooks and crannies” filled by implied covenants of good faith and fair dealing and other Common Law doctrines the courts apply to resolve disputes.
Lenné Eidson Espenschied, Next Level Contracts, Saint Simons Island, Georgia
Lenné Eidson Espenschied has earned her status as one of the Top 3 contract drafting speakers in the country by continually striving for excellence and providing innovative, practical skills-based training for transactional lawyers. She practiced law in Atlanta, Georgia for 25 years, focusing on corporate and transactional representation of technology-based businesses. She is the author of two books published by the American Bar Association: Contract Drafting: Powerful Prose in Transactional Practice (ABA Fundamentals, 3rd Ed. 2019) and The Grammar and Writing Handbook for Lawyers (ABA Fundamentals, 2011). After graduating from the University of Georgia School of Law magna cum laude, Ms. Espenschied began her legal practice at the firm now known as Eversheds Sutherland; she also served as Senior Counsel in the legal department of Bank of America before eventually opening her own law office. As a law professor, Ms. Espenschied taught commercial law, contracts, and contract drafting. Her passion is helping lawyers acquire the skills they need to be successful in transactional practice.