Force Majeure: Redefining "Act of War" in the 21st Century

Join us for an informative webinar on:

Force Majeure:
Redefining "Act of War" in the 21st Century


Wednesday, May 20th, 11 a.m. - noon , CDT

On May 4th, 2020, the Department of Homeland Security (“DHS”) intelligence service issued an unclassified four page report which stated in part:
[DHS Intelligence Service] assess the Chinese Government [“Peoples Republic of China” (“PRC”)] intentionally concealed the severity of COVID-19 from the International community in early January while it stockpiled medical supplies by both increasing imports and decreasing exports," the May 1 DHS report states. (emphasis added).[1]

The DHS report stated that the PRC dramatically increased its imports of medical supplies while cutting exports of the same items — even as it played down the gravity of the epidemic to the rest of the world.

Will U.S. Government Investigations and U.S. Lawsuits Effectively Re-Define an “Act of War”?

The above-referenced DHS Intelligence Report directly and unequivocally states that the acts and omissions of the PRC further exacerbated the worldwide spread of the deadly coronavirus “COVID-19”. Can such a determination alone, or compounded by future evidence, ever be enough to satisfy the Force Majeure term of art of Act of War?

This presentation will cover:

• What is a Force Majeure Provision?
• Why should a commercial contract contain a Force Majeure Provision?
• Are all Force Majeure provisions created equal?
• Classic examples of Force Majeure provisions being invoked

Force Majeure provisions in the 21st Century

• National events that should be included in Force Majeure definitions
• Economic events that should be included in Force Majeure definitions
• Global events that should be included in Force Majeure definitions

Read George's recent article on the topic: https://www.braumillerlaw.com/force-majeure-coronavirus/

[1]. https://www.nbcnews.com/politics/national-security/dhs-report-china-hid-coronavirus-severity-order-hoard-medical-supplies-n1199221