Courts in seemingly every jurisdiction are facing a wave of insurance coverage litigation arising out of the COVID-19 pandemic which requires them to address the extent to which typical business insurance policies apply (or...more
The question of whether businesses may be able to recover for COVID-19-related losses under their insurance policies continues to be an important topic for many as the pandemic continues. A federal court in New York recently...more
1/12/2021
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Litigation ,
Policy Exclusions ,
Policy Terms
The United States District Court for the Southern District of New York recently found that three laws enacted by the City of New York in response to the COVID-19 pandemic were constitutional, and dismissed a challenge to the...more
12/7/2020
/ Anti-Harassment Policies ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Constitutional Challenges ,
Contracts Clause ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
First Amendment ,
Free Speech ,
Harassment ,
Infectious Diseases ,
Landlords ,
Rental Property ,
State and Local Government
As discussed in previous updates, courts across the country continue to grapple with the application of force majeure provisions in contracts, as well as the related legal doctrines of impossibility, frustration of purpose,...more
10/29/2020
/ Breach of Contract ,
Business Interruption ,
Carriage Disputes ,
Contract Terms ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Force Majeure Clause ,
Infectious Diseases ,
Insurance Claims ,
Performance Standards ,
Policy Terms
As discussed in our last update, the legal landscape continues rapidly to evolve in response to COVID-19. Six recent decisions, summarized below, highlight the continuing uncertainty as to the application of certain laws and...more
8/12/2020
/ Business Disputes ,
Contract Terms ,
Coronavirus/COVID-19 ,
Force Majeure Clause ,
Foreclosure ,
Frustration of a Common Purpose ,
Landlords ,
Real Estate Market ,
Right To Cure ,
Safety Standards ,
Tenants
Three recent decisions demonstrate how the legal landscape continues rapidly to change and evolve in response to COVID-19. These decisions highlight certain developing uncertainties in the law, including the impact of...more
On May 26, 2020, two bills recently passed by the New York City Council were signed into law by New York City Mayor Bill de Blasio. The new laws, among other things, restrict Landlord’s rights under existing commercial leases...more
As part of the ongoing executive and legislative efforts to address the COVID-19 pandemic, New York has issued emergency regulations temporarily suspending the cancelation of property and casualty insurance policies for...more
In the wake of the recent COVID-19 pandemic, and its economic disruption, some contracting parties may seek to be excused from performance under their contracts. For contracts subject to New York law, including insurance...more
3/23/2020
/ Business Interruption ,
Contract Drafting ,
Contract Negotiations ,
Contract Terms ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Force Majeure Clause ,
Infectious Diseases ,
Performance Standards ,
Public Health ,
Risk Management ,
Supply Chain
During the ongoing COVID-19 emergency, some may wonder whether they are covered for losses stemming from the pandemic under certain insurance policies. For business or property owners, the most common policies insureds turn...more
A recent decision from a New York state court should serve as a warning to parties litigating in New York: if you over-designate documents “Attorneys’ Eyes Only” in discovery, you face the risk of sanctions. The decision was...more
1/27/2020
/ AEO ,
Confidential Communications ,
Confidential Documents ,
Depositions ,
Discovery ,
Discovery Disputes ,
Google ,
Litigation Strategies ,
Sanctions ,
Sensitive Business Information ,
Testimony
A procedural device known as a “confession of judgment” has long been an important tool in New York state. Section 3218 of New York’s Civil Practice Law and Rules (known as the CPLR) allows a party to sign an affidavit...more
Parties structuring transactions or business relationships often attempt to shift risk to their counter-party by having such party included as an additional insured on the counter-party’s insurance policies. In the real...more
12/29/2016
/ Additional Insured ,
Additional Insured Endorsements ,
Appeals ,
Commercial Insurance Policies ,
Construction Industry ,
Construction Managers ,
Contract Terms ,
Insurance Industry ,
Prime Contractor ,
Privity of Contract ,
Reversal ,
Subcontractors