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Part 2: Interpreting force majeure clauses under Missouri law and applying them to the COVID-19 pandemic

Given the common law or statutory doctrines of commercial impracticability and frustration, parties typically address the risk of supervening events by including a force majeure or other “escape clause” in their contract. Because these clauses are enforceable under Missouri law, the place to start is the contract itself.

Read More » What’s in a (domain) name

On June 26, 2020, the U.S. Supreme Court issued its ruling in United States Patent and Trademark Office et al. v. B.V. The high court held that the fact a term is a generic descriptor when standing alone does not dictate that a domain name featuring the same term with a .com appendage is similarly generic.

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The COVID-19 Pandemic: When is contractual performance excused under Missouri law on force majeure, commercial impracticability and commercial frustration?

The COVID-19 pandemic is inflicting human misery and wreaking economic havoc. In most areas — including Missouri — local and state governments ordered non-essential businesses to shut down and required non-essential workers to work from home, if possible, in an effort to slow the spread of infection.

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Lessons learned from ‘Sweet History’

I have been practicing law for more years than I care to count. During the course of my career, the type of work that has made up the bulk of my practice has changed, virtually year to year. The firm ...

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Will the recall effort against the Ferguson mayor pass judicial scrutiny?

There is an open question — and possibly conflicting statutes — as to whether Ferguson Mayor James Knowles III can be recalled for his leadership of the city. There may also be a question of how many signatures are actually needed for the recall. The problem here is that the state law may conflict with the local law.

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