In The Press April 21, 2020

Satisfying ‘Commercially Reasonable Efforts’/'Best Efforts’ Clauses in Today’s Environment (Westlaw)

The novel coronavirus has upended the marketplace and imposed upon industries, companies, and their workforce new and often unanticipated challenges and delays. Many deal and commercial contracts contain provisions requiring one party to provide performance consistent with its “best efforts,” “commercially best efforts,” “commercially reasonable efforts,” or some other “efforts” qualification. Goodwin’s Joseph Rockers, Bethany Withers, Tucker DeVoe and Maddie Cleghorn discuss how the application of these flexible, and often uncertain, standards to the COVID-19 crisis has broad implications in sale and commercial agreements. Read the by-line in Westlaw here