The use and enforcement of material adverse effect clauses in transactions is another area of law with a renewed focus in the aftermath of the COVID-19. The clause may come into play if, as anticipated, businesses find themselves in the positon of having a pending transaction terminate due to the pandemic.
In this episode of the Harris Beach podcast, Kelly Foss, a partner in the Harris Beach Business and Commercial Litigation Practice Group, shares perspective on how MAE clauses are applied and interpreted by the courts and addresses the key question – the extent to which COVID-19 qualifies as a material adverse effect.
Kelly Foss Bio – https://bit.ly/2ZqqpgD
Business and Commercial Litigation Practice Group – http://bit.ly/3909Av8 Download Episode Transcript