Josh Sandler Quoted in Law360 Article on Force Majeure Clauses in M&A Deals
During the current pandemic, companies may attempt to use “Act of God” or force majeure clauses to cancel the transaction and other elements of a contract. LPHS partner Josh Sandler talked to Law360 about force majeure clauses in M&A deals and what attorneys should think about. "The best advice is to give the other party reasonable notice if you're invoking force majeure, and to show that you have acted reasonably, including by trying to mitigate damages," Sandler said. "Courts like to see people acting reasonably, and you should document your mitigation efforts so you can show at every stage you did try and prevent the damages."
Read the entire article here.