Force Majeure Clauses in Contracts:Drafting and Enforcing Provisions for U.S. and International Agreements (2024)

Force majeure enforcement is also highly contingent on the country of implementation and, in this circ*mstance, the impact of a particular event on a region's supply chain and workforce. China and the European Union use varying definitions for enforcement, and anticipating issues that may arise in a default informs counsel on how to draft the optimal provision to protect a business from future catastrophic losses.

Neil C. Schur is a shareholder in Anderson Kill’s Philadelphia office. He is a leading commercial litigator in state and federal courts and a frequent speaker and writer on various litigation topics. He also serves as the co-chair of Anderson Kill’s Antitrust and Unfair Competition Group.

Neil has litigated cases at the trial court and appellate levels in several states. He represents clients in matters involving contracts, fraud, antitrust and unfair competition, the Sherman Act, the Robinson-Patman Act, the Lanham Act, and the False Claims Act. He has substantial experience in antitrust and unfair competition matters, franchise litigation and environmental litigation. Neil also has considerable experience counseling clients regarding a variety of antitrust compliance issues, such as appropriate pricing policies. This includes minimum advertised price (MAP) policies, resale price maintenance (RPM) policies, and Colgate policies, as well as evaluating antitrust risk of contemplated business transactions.

Among his successful prior representations, Neil recently represented a Netflix reality television star in a complex business divorce dispute regarding financial matters and a stock transfer. He also represented a high-level official of the City of New York facing criminal charges, including bribery. In another case, he obtained a unanimous verdict in favor of two clients on all counts brought against them, following a nine-day jury trial in Essex County, New Jersey (Fioravanti v. Ettere). Finally, as part of a multi-firm team, he successfully represented a student loan provider accused of improper billing to the U.S. Department of Education. (U.S. ex rel. Oberg v. Pennsylvania Higher Education Assistance Agency).

Neil has recently spoken or written on non-compete clauses, force majeure clauses, non-disclosure agreements, confidentiality, trade secrets, mechanic’s liens, and the FTC chair’s efforts to rein in Big Tech via federal antitrust law.

Neil is a member of Anderson Kill’s Financial Services and Construction Industry Groups. He has substantial experience representing the financial services industry, having represented several banks and a lender in various matters, including lender liability, derivative actions and class actions. He also has experience litigating a construction dispute related to a subcontractor’s construction of a "curtainwall” for a project in Princeton, New Jersey, and has co-written articles on mechanic’s liens from the perspectives of both a contractor and a property owner.

As the son of a small business owner in the manufacturing of boxed chocolates, Neil understands and appreciates the realities of manufacturing, distributor issues and competition. He loves the excitement of making products and creating new ones. He has represented and advised manufacturers of flooring and industrial batteries, as well as baby products, such as car seats and strollers.

Before becoming a lawyer, Neil worked as a reporter for The Philadelphia Inquirer and the Associated Press, and as a teacher for the Houston Independent School District, as part of Teach for America.


Joshua Wurtzel is counsel at high-end litigation boutique Schlam Stone & Dolan LLP. Mr. Wurtzel’s practice focuses on high-stakes, complex commercial litigation and corporate governance disputes, including sophisticated commercial landlord-tenant disputes arising out of the COVID-19 pandemic. Mr. Wurtzel has successfully represented public and private companies and prominent individuals in both federal and state court. Through his focus on aggressive litigation and his ability to develop creative and novel solutions to complex disputes, Mr. Wurtzel brings a unique and out-of-the-box perspective to his clients’ most pressing legal needs.

Mr. Wurtzel received his B.A. from SUNY Binghamton in 2010, where he graduated summa cum laude. He received his J.D. from the Benjamin N. Cardozo School of Law in 2013, where he graduated first in his class and served as Business Manager of the Cardozo Law Review. Before joining the firm, Mr. Wurtzel practiced as an associate in the Securities Litigation and Corporate Governance group at Weil, Gotshal & Manges LLP. Mr. Wurtzel also previously worked as an intern for the Honorable Kiyo A. Matsumoto of the Eastern District of New York.


Nicholas Ellis is a commercial litigator and supply chain attorney. His practice is focused on commercial contracting and disputes in manufacturing and supply chains. He is a partner in the firm’s Business Litigation & Dispute Resolution Practice and a member of the Automotive Industry Team.

Nicholas has experience litigating disputes in state and federal courts on a wide range of matters, including warranty claims, breach of contract, tortious interference, misappropriation of trade secrets, breach of non-compete agreements, and other complex commercial disputes. He regularly litigates disputes in various arbitration forums, including the American Arbitration Association (AAA), the International Center for Dispute Resolution (ICDR), JAMS, and the Swiss Chambers’ Arbitration Institution (SCAI).

In addition to his work as a litigator, Nicholas also routinely counsels clients on a variety of commercial contract issues, including pricing and stop shipment disputes, the Uniform Commercial Code (UCC), and warranty claims.