Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most...more
September 30th represents a number of things, the end of September, entry into Autumn, and, most critically, the end of the Federal Government’s fiscal year, to name a few. As such, the Government must have a budget in place...more
One of the questions in real estate law arising out of the pandemic is what impact the pandemic and related closure orders would have on commercial leases, and in particular a tenant’s obligation to pay rent. Many, if not...more
Hurricane Ida has now passed and many are still in damage assessment mode. What are the issues that are going to be facing maritime businesses and their insurers as we move forward? This update identifies some of the key...more
The federal courts have issued some significant environmental law rulings in the past few days. THE U.S. SUPREME COURT - U.S. Fish and Wildlife Service v. Sierra Club, Inc. On March 4, 2021, the court held that the...more
A recent decision from the Southern District of New York may pave the way for broader excuse of performance in COVID-19 force majeure litigation after finding the pandemic is a “natural disaster” that is beyond the parties’...more
The Coronavirus (COVID-19) pandemic continues to disrupt communities and businesses around the world. This unprecedented crisis has also focused major scrutiny on force majeure (FM) clauses in contracts, as parties struggle...more
As COVID-19-related force majeure litigation continues to arise in both common and civil law jurisdictions, we take a first look at the approach to force majeure in civil law jurisdictions as compared to the common law...more
In addition to the tragic human toll that it has caused, the coronavirus pandemic has also wreaked havoc on businesses throughout world, leaving countless companies and individuals unable to perform their contractual...more
The predicted wave of force majeure litigation related to COVID-19 has now become reality. Lawsuits are increasingly being filed by parties to contractual disputes, and practitioners are increasingly being called upon to...more
Causation in the context of force majeure, and how causation considerations may impact force majeure claims in the COVID-19 era. In most states, the force majeure event must have proximately caused the delay or deficiency...more
This client alert discusses whether the economic fallout of COVID-19 constitutes a force majeure event... Historically, courts have typically found that sudden economic downturns do not constitute force majeure events....more
This client alert will discuss the contours of the term “Act of God” and briefly cover new developments in case law regarding the doctrine of force majeure. Historically, “Act of God” was defined to encompass sickness, but...more
As the wave of reopening orders sweeps across the country, businesses see a light at the end of the tunnel. That light, however, in many instances is still yellow, and may be so for some time to come. ...more
By now, most North Carolina businesses have considered this question: Does the pandemic or a government stay-at-home order forgive our performance under a commercial contract? The simple, but unsatisfactory, answer is...more
Are employer mandatory screenings and medical evaluations enforceable in your jurisdiction? Yes, subject to certain requirements. Puerto Rico is covered by US federal law, including the Americans with Disabilities Act....more
The force majeure doctrine has heightened significance in a post-COVID-19 world. This first alert in a series examines the history and contours of the force majeure doctrine and its resurgence in application due to the...more
Email overload on whether COVID-19 triggers a force majeure clause? Whether you're considering a claim, worried about receiving one or busy drafting following the outbreak, here's our 10-point, jargon-free checklist on...more
This is the second in a series of alerts on Force Majeure and Common Law Defenses against failure to perform contracts. In our first alert, we discussed the elements of a force majeure clause and looked at how various states...more
ARGENTINA - A. Are employer mandatory screenings and medical evaluations enforceable in your jurisdiction? The rule is that employers cannot require employees to submit to mandatory screenings and medical evaluations,...more
The term “force majeure” takes us on a trip down memory lane to the law school classroom where our contracts professor spoke of antiquated doctrines of limited practical use. Or so we thought. As the COVID-19 outbreak...more
The conditions created by the coronavirus (COVID-19) pandemic and resulting government shutdown orders have raised questions across various industries regarding contractual rights and obligations during the crisis. One...more
As the COVID-19 pandemic continues to wreak havoc on our social, legal, financial, real estate, and healthcare systems, the widespread disruptions caused by the COVID-19 outbreak have in certain instances made it impossible...more
COVID-19 has placed many landlords and tenants between the proverbial rock and hard place. Tenants are trapped among rent, TICAM and other monetary obligations under their leases, as well as public health orders mandating the...more