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How COVID-19 has Affected Contractual Expectations Across the Globe

By Heidi Culbertson
January 28, 2021
3 min read

Burg Simpson shareholder David P. Hersh is a trial lawyer and one of the Practice Group Leaders of the firm’s Commercial Litigation department. In this recent video, he discusses how the coronavirus pandemic has affected contractual expectations across the globe.

Over the past year, COVID-19 and the CDC directives and government orders developed to contain it have created challenges for individuals and businesses relative to the fulfillment of commercial contracts. How do these limits on commercial activities impact legal obligations under commercial contracts, and what can be done about it? How do the terms of the contract, such as a force majeure clause, for example, impact the legal outcome and effect of that contract? How do the legal doctrines of impossibility or restitution fit into this analysis?  How has COVID impacted the concept of “commercially reasonable” under such contracts?

When individuals and businesses find themselves challenged by the impact of COVID on their commercial contracts, the trial lawyers at Burg Simpson are available to assist.  Please feel free to contact the trial lawyers at Burg Simpson if you are in need of our advice.  We are ready to evaluate your case and work together with you to find the best solution.

View the video here.

About David P. Hersh

Dave Hersh is a civil trial lawyer with the skill, passion, and experience to win your case. When your business or health is on the line, Dave is the advocate you want in your corner, fighting for you.  For more than 35 years Dave has focused his practice on civil trial work.  Dave thrives on handling complex civil cases, presenting them simply, effectively, and persuasively to a jury. Dave has tried well over 145 civil jury trials to verdict and has “tried” scores of civil arbitrations and bench trials to their conclusion, with an outstanding “win” record in all venues. Dave has dedicated his life to advocating for others in their time of need.

Dave is the practice group leader of the business and commercial litigation department of Burg Simpson. He focuses his practice on complex commercial matters involving contract disputes, breach of fiduciary duty, ownership disputes, construction matters, “bet your company” litigation, COVID-19 Business Interruption Claims, and professional negligence. Admitted to practice before the United States, Colorado, and Wyoming Supreme Courts, as well as numerous Federal Courts, Dave has tried civil jury trials to verdict throughout the United States. In addition, he has served as lead counsel in a substantial number of complex commercial litigation cases as well as a number of catastrophic personal injury cases, including cases involving claims for brain injury, paraplegia/quadriplegia, severe burns and disfigurement, and limb loss. Dave has handled a number of “toxic torts”, including being appointed class counsel for more than 65,000 residents of Colorado Springs to redress contaminated groundwater.

A skilled and experienced trial lawyer, Dave excels in the courtroom, expertly handling all aspects of litigation through his creative problem solving, persuasive communication, and outstanding analytical skills. He believes that the benchmark of his success comes from his passion for the law and steadfast mission to be the best advocate possible for his clients.    

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