SKJ Associate Julie O’Dell Moderates Panel at ABA Business Fall Meeting

Julie O’Dell moderated a panel at the ABA Business Law Fall Meeting in Chicago, titled “Good Faith and Fair Dealing: Can the Covenant Really Be Breached?”  The panel discussion included an analysis of the parameters of the covenant of good faith and fair dealing, an overview of how courts have been deciding covenant claims, and the differences between the covenant’s “good faith” and contractual “good faith” safe harbor provisions. The panel also discussed practical tips in drafting agreements, including LLC operating agreements relating to a “good faith” standard.