Author Archives: Peter Costa

The outbreak of COVID-19 is having an unsettling effect worldwide, and many businesses have been negatively impacted by stringent lockdowns and waning consumer confidence. Unexpected events, such as the COVID-19 outbreak, can trigger the material adverse change (MAC) clause in contractual agreements. MAC clauses can be triggered when a buyer has signed, but not executed, […]

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Last week, three major U.S. department stores, J.C. Penney, Macy’s, and Kohl’s, topped analysts’ fourth quarter earnings and revenue estimates. Despite exceeding expectations (which were already tempered by a generally soft Holiday season), notable risks still loom for large brick and mortar retailers. The hazards are well documented: consumers have changed purchasing habits to favor […]

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