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Litigation COVID-19 Coronavirus as a Force Majeure Defense to Contractual Non-performance

One often doesn’t know the extent of one’s insurance coverage until a calamity occurs. So it is with force majeure provisions in contracts Typically, force majeure provisions are included in contracts to excuse a party from contractual obligations if some unforeseen event beyond its control prevents performance of its contractual obligations. As of March 2, […]

Litigation Welcome Anti-SLAPP Guidance for California Courts and Litigants

This article was first published by Law360 in February 2018 and is reprinted with permission.  In Gaynor v. Bulen,1 California’s Court of Appeal recently articulated the proper approach for determining whether allegations constitute protected activity under the anti-SLAPP statute,2 a standard most recently clarified by the California Supreme Court in Baral v. Schnitt (“Baral“),3 and Park […]

Litigation The Delaware Rapid Arbitration Act: The Return of Arbitration as a Quick and Cost-Effective Way for Businesses to Resolve Their Disputes Privately

Arbitration was originally created to provide parties with a speedy and less expensive forum for resolving disputes outside of the courts, but has eroded over the years to become equally, if not more, expensive and time consuming than litigation. To curb that trend, one state has enacted an innovative statutory scheme whose express purpose is […]