COVID-19 Update: FAQ and Other Information for Clients

Articles Posted in Contract Disputes

Illustration of business paperwork by Megan RexazinMany businesses have now turned to the force majeure clauses present in their contracts—invoking the idea that the COVID-19 pandemic is an unforeseeable “act of God” that has hindered the ability of parties to perform their duties as agreed.

In the May 14, 2020 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “Force Majeure During a Pandemic and Potential Contractual Disputes

In light of the ongoing COVID-19 pandemic, businesses and individuals alike have struggled with following through on contracts that were agreed upon long before the novel coronavirus was even discovered, let alone foreseen as the cause of a worldwide health crisis. Many have now turned to the force majeure clauses present in their contracts—invoking the idea that the COVID-19 pandemic is an unforeseeable “act of God” that has hindered the ability of parties to perform their duties as agreed. For those who do not have such clauses present in their contracts, can the same concept be invoked in a court of law?

Graphic shows two hands. One holding a contract that shows Force Majeure and the other hand signing.As a commercial transactional lawyer, I often speak to my clients and colleagues about contract management. While I am usually heavily involved in many stages of the contract lifecycle – most notably, negotiations, drafting, closings and amendments – the real work (and most problems) arise during contract performance, which is the time the contracting company is typically “on its own.”  I stress to my clients that competent management of contracts post-execution is critical: your management team needs to know its contractual obligations: due dates and milestones, payment terms, and areas of performance. Who’s doing what, when, and for how much?  I recommend companies appoint a contract manager to maintain each contract and its pertinent information, and create a database of performance, payment, and other obligation information, along with applicable deadlines and a “tickler” system.

Now, in the wake of COVID-19 and its tremendous impact on businesses, it is important to pull out those databases, and update them with information particular to the current state of operations – yours and your contracting partners. Continue reading ›

On April 18, 2019, Kang Haggerty member Jackie Fetbroyt will be a featured speaker for NBI’s Business Contracts in 10 Simple Steps for the National Business Institute. The CLE will take place at the Hilton Garden Inn Philadelphia Center City, 1100 Arch Street, from 9 am until 4:30 pm.

In this comprehensive seminar on business contracts, you’ll get real-world pointers on how to draft, review and negotiate business contracts in 10 simple steps. Acquire the skills you need to avoid risk, minimize liabilities, ensure enforceability and maximize protections. Don’t miss out on this practical program that will equip you with the foundational aspects of contracts every business attorney needs to know. Continue reading ›

Kang Haggerty is proud to share that Jacklyn Fetbroyt will be presenting at the National Business Institute (NBI) seminar “Negotiating Business Contracts” on September 21, 2018. Jacklyn Fetbroyt will speak on the following topics and more:

Contract Risk Allocation Secrets: Safeguard Clients and Preserve Business Relationships

  1. How Key Risk-Shifting Provisions Interrelate

Gregory H. Mathews, EsquireKang Haggerty & Fetbroyt is pleased to announce that Gregory H. Mathews, Of Counsel, has been selected for inclusion in the 2018 edition of The Best Lawyers in America one of the most respected peer-review publications in the profession.

Mathews is named to the list for his distinguished contributions to the practice area of commercial litigation. Commercial litigation involves any type of dispute that can arise in the business context, including breach of contract cases, SEC and NASD claims, class actions, business torts, civil RICO claims, breach of fiduciary duty allegations, and shareholder issues. Successful commercial litigators, such as Mathews, are able to assess the merits of a dispute and scale either a prosecution or defense that fits the legal and business needs of their clients.

Best Lawyers was founded in 1983 and is published in 70 countries and all 50 states. Its methodology employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. The 24th edition of The Best Lawyers in America highlights the top 5% of practicing attorneys in the United States, based on more than 7.4 million evaluations, recognizing attorneys in 140 practice areas.

On March 22, 2016, Kang Haggerty client Vizant Technologies received a $2.25 million judgment in the United States District Court for the Eastern District of Pennsylvania.

In the case, Vizant Technologies, LLC, et al. v. Julie P. Whitechurch, et al., Vizant asserted claims for breach of contract, defamation, and tortious interference with existing and prospective business relationships.

Continue reading ›

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