The COVID-19 outbreak will have a major and long-lasting impact on the rights and obligations of parties under commercial and strategic agreements. WilmerHale hosted a webinar with Partners Joe Conahan, Robert Finkel and John Trenor, as well as Counsel Jenna Ventorino, for participants to learn about the potential impacts of COVID-19 on existing contracts and related relationships and about strategies for negotiating and drafting contract provisions going forward.
Specific topics included:
- force majeure and common law doctrines regarding excusing performance, including the importance of governing law;
- material adverse change (MAC) and material adverse event (MAE) clauses in M&A, loan and other agreements; and
- earn-outs/milestone obligations.
*CLE credit is not available for those who watch webinar recordings.