Duedall, Macklin in ‘Corporate Counsel’ on Force Majeure Contract Clauses

Atlanta Partner Mark Duedall and San Francisco Partner Meryl Macklin were featured March 20 in Corporate Counsel magazine concerning the legal issues related to force majeure contract clauses and COVID-19. The two also presented the first in BCLP’s “COVID-19 in 19” teleconference series on the topic to more than 650 registrants. Duedall said lawyers are in “uncharted waters” on whether force majeure covers this pandemic and that the first step in assisting clients “is helping them understand the process.” Macklin said BCLP has compiled a 50-state survey of differences in force majeure law that shows most states followed a predictable pattern in past cases, although there are a few notable exceptions. “Right now it’s an open question of whether an ‘act of God’ includes a pandemic,” Macklin said. “We found nothing [in the cases] that looks like the situation we are in now.”