Eric Gambrell Quoted in The Texas Lawbook on Legal Responses to Coronavirus

The Texas Lawbook has quoted Akin Gump litigation partner Eric Gambrell in the article “Task Forces, Portals & Hotlines, Oh My! Firms Address COVID-19 Concerns in Full Force (Litigation Edition).” The article looks at what Texas firms are doing to advise clients on the uncertainty caused by the coronavirus outbreak.

The Lawbook reports on Akin Gump’s COVID-19 Resource Center and advisory group, which was formed to address client concerns. Gambrell as well as fellow litigation partner Lizzy Scott, the article notes, are both members.

Gambrell said one concern among clients entails, not only inquiring on what businesses’ force majeure clauses cover, but also how to word them in the future.

“The days of drafting force majeure clauses in contracts using boilerplate cut-and-paste may well be over,” Gambrell said. He also predicted that, “we are on the precipice of a wave of suits in Texas centered on force majeure clauses.”

“Proactivity in carefully drafted provisions, including specificity to surgically address a client’s particular business or industry, choice of law considerations and thoughtful forecasting of the complexion of potential future litigation, may prove pivotal in later disputes,” Gambrell added.

In terms of legal issues related to coronavirus being directed at Texas general counsel, Gambrell said those who are “not already inundated with these issues” will be in great need of Texas trial lawyers who are versed, not only in the Texas courts, but also New York and Delaware law on force majeure and related contract issues—in addition to insurance issues. He added that GCs will also be looking to outside lawyers for advice on “drafting advice for a wide span of transactional and settlement agreements.”