Drafting and Enforcing Force Majeure Clauses: Mitigating Liability for Unforeseen and Unprecedented Circumstances

Mr. Ellis’ practice focuses on manufacturing and supply chain disputes, UCC, warranty claims, contract law, and business tort law. He also routinely counsels clients on a variety of commercial contract issues. He is a member of the firm’s Business Litigation & Dispute Resolution Practice and the Automotive Industry Team. Mr. Ellis has experience litigating disputes in state and federal courts on a wide range of matters, including warranty claims, breach of contract, tortious interference, misappropriation of trade secrets, breach of non-compete agreements, and other complex commercial disputes.

Mr. Jeruchimowitz is a commercial litigator with an emphasis in the Real Estate, Construction, and Financial Services Litigation practices. He represents owners, developers, landlords and tenants in landlord-tenant and shopping center disputes, mechanics liens, foreclosures, and construction disputes, as well as banks and lenders in bank and mortgage litigation, such as mortgage fraud, commercial and residential foreclosures, mechanics lien and FDCPA issues. Mr. Jeruchimowitz also represents business owners in LLC and shareholder disputes, including direct and derivative claims. He has deep experience with post-judgment proceedings and asset-recovery litigation, including fraudulent transfer, alter ego and veil piercing litigation. Mr. Jeruchimowitz has a wide range of experience in trials in both state and federal courts, as well as arbitrations and mediation. 

Mr. Schur represents clients in litigation involving contracts, fraud, antitrust and unfair competition, the Sherman Act, the Robinson-Patman Act, the Lanham Act, and the False Claims Act.  He has substantial experience in antitrust and unfair competition matters, franchise litigation and environmental litigation. Mr. Schur also has considerable experience counseling clients regarding a variety of antitrust compliance issues, such as appropriate pricing policies. He has substantial experience representing the financial services industry, having represented several banks and a lender in various matters, including lender liability, derivative actions and class actions. Mr. Schur has recently spoken or written on non-compete clauses, force majeure clauses, non-disclosure agreements, confidentiality, trade secrets, mechanic’s liens, and the FTC chair’s efforts to rein in Big Tech via federal antitrust law.