Rachel Clingman recently was featured in Houston Chronicle business columnist Loren Steffy’s article, “Who should pay when drilling stops?”
From the article:
“Force majeure provisions are generally drafted to address the loss imposed by events such as hurricanes or acts of war in a foreign venue,” said Houston attorney Rachel Clingman, who represents Transocean, the owner of the Deepwater Horizon, in the oil spill litigation pending in New Orleans. That case doesn’t involve force majeure issues.
“While the moratorium was arguably as unexpected or unusual as a natural disaster and was obviously costly, it is not what most parties would contemplate as a force majeure event, and this case and others will test stretching the concept of force majeure.”
