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Civil Litigation

Sep. 20, 2021

Pandemic used as excuse to invoke force majeure, say plaintiffs’ attorneys

Production event company TEN6 Creative Ltd. said in a cross complaint filed this month in San Mateo County, that Genesys Telecommunications Laboratories, a call center software company, used the pandemic as an excuse to invoke a force majeure clause and break a contract to have TEN6 produce future events.

A force majeure clause is at the center of a cross complaint filed this month by a U.K. production company that says a Silicon Valley software company used the pandemic as an excuse to break their contract to host future company events and hire another firm.

Force majeure clauses -- provisions allowing parties to excuse or delay the performance of contract obligations in the event of an unforeseen event or act of God -- have been thrust to...

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