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21 Sep 2020

Everything you say can and will be used against you: creating unintended US litigation risk in times of distress

As the COVID-19 pandemic has made it difficult for some parties to meet their obligations, many have begun to seek extensions of contractually imposed deadlines or other contractual modifications. In response to these requests, contractual counterparties will want to offer soothing words to customers, suppliers, and others whom the pandemic has affected personally and professionally. A company representative may, for example, tell a worried counterparty, “We are extending credit to everyone; I am sure we’ll extend you credit, too.” But while nice in theory, soothing words might be mistaken for promises that the speaker does not intend. And those promises might later form the basis of a legal claim.


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