Recorded Wed, May 20, 2020 12:00 pm (EDT)
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    Join us for an informative webinar on:

    Force Majeure:
    Redefining "Act of War" in the 21st Century

    Wednesday, May 20th, 11 a.m. - noon , CDT

    On May 4th, 2020, the Department of Homeland Security (“DHS”) intelligence service issued an unclassified four page report which stated in part:
    [DHS Intelligence Service] assess the Chinese Government [“Peoples Republic of China” (“PRC”)] intentionally concealed the severity of COVID-19 from the International community in early January while it stockpiled medical supplies by both increasing imports and decreasing exports," the May 1 DHS report states. (emphasis added).[1]

    The DHS report stated that the PRC dramatically increased its imports of medical supplies while cutting exports of the same items — even as it played down the gravity of the epidemic to the rest of the world.

    Will U.S. Government Investigations and U.S. Lawsuits Effectively Re-Define an “Act of War”?

    The above-referenced DHS Intelligence Report directly and unequivocally states that the acts and omissions of the PRC further exacerbated the worldwide spread of the deadly coronavirus “COVID-19”. Can such a determination alone, or compounded by future evidence, ever be enough to satisfy the Force Majeure term of art of Act of War?

    This presentation will cover:

    • What is a Force Majeure Provision?
    • Why should a commercial contract contain a Force Majeure Provision?
    • Are all Force Majeure provisions created equal?
    • Classic examples of Force Majeure provisions being invoked

    Force Majeure provisions in the 21st Century

    • National events that should be included in Force Majeure definitions
    • Economic events that should be included in Force Majeure definitions
    • Global events that should be included in Force Majeure definitions

    Read George's recent article on the topic:

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