I. Introduction.
Often given short shrift in contract negotiations, force majeure clauses surged to the forefront of many attorneys’ discussions with their clients regarding their legal rights and remedies with the advent of the COVID-19 era. Many a client was likely surprised to learn that these seldom-litigated clauses can have a tremendous impact on their company’s operations. As discussed below, the explosion of recent lawsuits with force majeure clauses as a central legal tenant is worth examining to determine how companies can model these clauses to best serve their needs in the new COVID-19 era.