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COVID-19: Assessing Decisions on Performance and Exposure in Commercial Agreements and Credit Facilities

PROGRAM Date:3/23/2020

Program Overview:

As the COVID-19 virus continues to impact the world, companies are under pressure to make difficult and time-sensitive decisions regarding their performance under many different types of agreements, including credit facilities. They are also facing delayed or partial performance or complete non-performance by their counterparties. Companies are having to analyze large volumes of contracts and are looking to develop methodologies for prioritizing agreements. In addition, companies are taking potential tort claims into account. This webinar will discuss a number of considerations, including the impact on operating performance, material adverse change, force majeure and other contractual clauses, as well common law doctrines on excuses for performance, such as impossibility and frustration. Our panel also will discuss using artificial intelligence and machine learning to extract key clauses for analysis and pairing the clauses with other data points to perform an effective risk assessment. Finally, we will describe the litigation landscape for potential third-party tort claims and the potential ramifications of emerging legislative proposals to compensate business losses.

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Speakers

Julie Bédard

Partner, International Litigation and Arbitration

Skadden

John H. Beisner

Partner, Litigation; Mass Torts, Insurance and Consumer Litigation

Skadden

Scott D. Musoff

Partner, Securities Litigation; Complex Litigation and Trials

Skadden

COVID-19: Assessing Decisions on Performance and Exposure in Commercial Agreements and Credit Facilities
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