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COVID-19 and Force Majeure: Potential Impact on Transactions and Projects in Real Estate and Hospitality



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Description: As the coronavirus (COVID-19) outbreak continues to have an impact on society, it is impacting construction projects and real estate transactions across the country, giving rise to a wide variety of complex contract and other business disputes.
 
Paul M. “Tad” O’Connor III and Jennifer McDougall, litigation partners at Kasowitz Benson Torres LLP with significant experience in real estate and hospitality related disputes, will discuss the following:
  • The invocation and enforceability of force majeure, impossibility, and frustration of purpose clauses when businesses are unable to perform their contractual obligation
  • Drafting and negotiating commercial agreements to include such clauses
  • The enforceability of term sheets and similar agreements in real estate and hospitality disputes
  • Real world case studies depicting the litigation and negotiation necessary to support or oppose the applicability of force majeure, impossibility, and frustration of purpose clauses.
 
Presenter Bios 

Paul “Tad” M. O’Connor is a distinguished first chair trial and appellate litigator focusing on complex commercial cases.  He is regularly cited for his legal knowledge by publications including The Wall Street Journal, The American Lawyer and Law360.  Tad’s clients have included, among others, private equity powerhouse TPG, Fortress Investment Group, a lender in a dispute relating to Liverpool Football Club, and many major international real estate and hospitality companies including Related, JDS, L and L Holdings, Maximus, InterContinental Hotels Group, Crowne Plaza, Morgans, sbe, Hilton and Aman Resorts.
 
Tad represents private equity firms, hotel owners and developers, major corporations and wealthy individuals in federal and state courts around the country and before arbitration tribunals in the United States and Europe.  He has been involved a number of times in obtaining discovery outside the United States under international conventions and treaties.

Tad also has significant experience handling real estate disputes related to commercial and hotel properties around the country, including the representation of hotel operators in disputes with owners.  His successful work in this area has been instrumental in the firm Real Estate and Hotel Litigation Practice Group being recognized as a Tier 1 practice in the “Litigation – Real Estate” category from U.S. News – Best Lawyers.
 
As a result of his work, Tad has been appointed by courts to serve as a bankruptcy trustee and as a director of a facility administering large product liability settlements.  He has been recognized by Chambers USA, The Legal 500 and Benchmark Litigation as one of the top litigators in the United States.
 
Jennifer McDougall’s practice primarily focuses on commercial real estate, securities, and complex financial products litigation, where she represents both plaintiffs and defendants in state and federal courts at the trial and appellate levels, as well as in arbitrations.  She also has experience in matters involving creditors’ rights and bankruptcy.  Jennifer has a successful track record of recovering or defending against claims for hundreds of millions of dollars for the firm’s clients.
 
Jennifer’s clients include some of the largest real estate developers, hotel owners and developers, and real estate and hospitality companies in the country, including JDS Development, Aman Resorts, OKO Group, and Hudson Realty Capital.  Jennifer also works with Kasowitz’s Real Estate Transactions group to counsel clients concerning the litigation implications of their agreements.
Jennifer has been recognized as a Rising Star by Legal Media Group: Expert Guides in the area of Litigation.
 
Jennifer also devotes her time to pro bono work.  She leads Kasowitz’s efforts in providing pro bono representation to marginalized and vulnerable Westchester residents through a partnership with the Legal Services of the Hudson Valley.  Jennifer has represented a number of Westchester’s most vulnerable families in eviction and foreclosure cases, preventing them from losing their homes.


Practice Areas: Business Organizations & Contracts
Online Media Type: Audio
Production Date: 07/31/2020
Level: Intermediate
Category: Standard
Duration: 1 Hours, 5 Minutes
Online Format: On Demand

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AK, AL, AR, AZ, CA, CEU, CO, CT, DE, FL, GA, GU, HI, IL-EXPER, IL-NEWADMIT, IN, ME, MO, MS, MT, NC, ND, NH, NJ, NM, NV, NY-EXPER, NY-TRANS, OK, ON, PA, PR, QC, RI, TN, UK-BSB, UK-SRA, UT, VI, VT, WI, WV
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Total Credits: 1
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Status: Reciprocal Credit Available
Expiration: 07/30/2023
Training Type: Online

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Speakers:
Paul 'Tad' O'Connor III - Kasowitz Benson Torres
Jennifer McDougall - Kasowitz Benson Torres
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.


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