COVID-19 Focus on Contracts | Holland & Knight

Commercial Litigation

Our litigation attorneys regularly handle complex commercial litigation, class actions, international litigation, securities litigation, bankruptcy and creditors' rights matters, product liability cases, white collar defense cases, and labor and employment matters. Whether you are a large, medium-sized or small company evaluating claims you are considering bringing, or facing potential litigation arising from a COVID-19-related issue, we have the resources available to evaluate and assess the risk, develop a strategy to respond, and vigorously advocate on your behalf.
Primary Contact: Christopher Kelly

Force Majeure

With the widespread cancellation of large events and companies facing reduced workforce availability to fulfill project delivery schedules, contracts are at risk. Our litigation attorneys have performed a large-scale analysis of the defense contract performance of force majeure in numerous U.S. jurisdictions. The research indicates that in ruling on the applicability of a force majeure defense that excuses performance, courts conduct an in-depth, fact-specific analysis, focusing primarily on the express language of the particular force majeure clause. Understanding your contract language and defense options is critical to your business.
Primary Contact: Eric Ray

Consumer Protection – Advertising & Marketing

COVID-19 has placed many consumer-facing companies – across a wide range of industries – in dire straights when it comes to promoting the relevancy of their products or services trying to get precious consumer dollars. As social distancing restrictions lessen, promotional activities will likely get more aggressive as efforts are made to make up for lost time and revenue. These promotional activities and communications with consumers are (and will be) under scrutiny now more than ever. Specifically, we have already seen a keen focus on issues such as price gouging, claim exaggeration (e.g., health products), and contracts/transactions with consumers that are potentially "unfair" or fail to disclose all essential terms and conditions "clearly and conspicuously." Moreover, the marketing channels used to reach consumers (i.e., social media platforms, telephone, TV) have regulations and laws that must be followed. Holland & Knight's team has decades of experience helping clients navigate these issues and is primed to help during this crisis.
Primary Contacts: Anthony DiResta and Kwamina Williford

Consumer Protection Insights

Holland & Knight’s multidisciplinary COVID-19 Response Team is available to help clients respond to a variety of business and legal issues they may be facing.

Additional COVID-19 Resources for your Business