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As the pandemic has evolved, so too has the number and complexity of the questions arising in force majeure disputes. Regardless of whether a party is seeking to invoke, or defend against invocation of, a force majeure...more
More than six months into the pandemic, there is still no easy or definitive answer to the question many retailers are asking about whether there is coverage for their business interruption losses related to COVID-19....more
As employers nationwide continue to grapple with the longstanding impact of the COVID-19 pandemic, a looming obstacle that awaits in early Fall 2020 is an employer’s obligation to provide WARN Act notices to employees who...more
As the COVID-19 pandemic continues, owners and developers find themselves facing the prospect of continued project disruptions. While almost every governmental shutdown order has allowed construction activities to continue as...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
On April 14, 2020, California Insurance Commissioner Ricardo Lara issued a notice to insurers titled "Requirement to Accept, Forward, Acknowledge, and Fairly Investigate All Business Interruption Insurance Claims Caused by...more
Key Points - - The 2002 ISDA Master Agreement has a force majeure clause, but the 1992 ISDA Master does not. - A force majeure defense is unavailable unless payment/delivery is actually prevented. - Under a Force...more
No pandemic has impacted the global and US economies on such a scale in so short a period of time as COVID-19. The effects of the virus and business disruptions are being felt across all industry sectors. ...more
As the Coronavirus (COVID-19) spreads, a growing number of employers are considering terminating or furloughing employees. This has raised a number of Maryland unemployment compensation questions that, although not...more
As part of a flurry of employment-related laws enacted over the past two years in New Jersey, a recent amendment to the Millville Dallas Airmotive Plant Job Loss Notification Act (commonly known as the New Jersey WARN Act)...more
Coronavirus contamination has disrupted the work force, supply chains, and transportation. Official bans on large public gatherings across the country, and the ordered closures of restaurants and bars implemented by many...more
We are living in a state of uncertainty. As the COVID-19 coronavirus pandemic spreads, many state and local authorities are issuing orders to limit social gatherings, temporarily close schools and some businesses —...more
The Situation: On the evening of July 13, 2019, a massive blackout struck Manhattan's West Side, prompting the cancellation of 26 out of 30 Broadway performances and postponement of the second night of Jennifer Lopez's...more
Last week, Hurricane Michael devastated the Florida Panhandle. The hurricane was the third strongest to strike the United States and the largest to ever make landfall on the Florida Panhandle. Some of Florida’s most historic...more
Some guiding principles, taken from decades of experience representing insurance policyholders in California and around the globe - The Wine Country fires, and the uncertainty of their cause, may complicate insurance...more
An unexpected or catastrophic loss can force any company out of business, even if it is insured. You must understand your company’s risks and how your insurance policies cover those risks in order to manage them and maintain...more
Hurricane Irma’s epic scope and wind speed suggest that affected businesses and other organizations take immediate and proactive steps to maximize insurance recovery....more
While insurance claims may be far from the first priority for clients affected by Hurricane Harvey, a new law takes effect on Sept. 1, 2017, that may affect first-party property insurance claims stemming from Harvey, floods...more
Hurricane Harvey and its associated rainfall have simply devastated much of southeastern Texas. Many areas were left inaccessible, or without water or power services. Evacuation and curfew orders limited travel and...more
This month's WannaCry "ransomware" attack—the first truly global incident of its kind—is believed to have affected at least 300,000 computers in over 150 countries, claiming among its victims many large corporations and...more
- It is essential to keep track of deadlines mandated under policies. - Keep in mind that several types of insurance—not just property insurance—may cover flood and storm-related losses (such as property damage, loss of...more
Just before fireworks exploded across the sky to usher in 2016, a massive fire engulfed the Address Downtown Hotel in Dubai. At nearly 1,000 feet tall, this five-star hotel and luxury apartment building —with about 200 hotel...more
South Carolina was recently pummeled by a devastating storm that Governor Haley described as happening “once in a thousand years.” Compounding the resultant flooding, many dam breaks exacerbated the catastrophic losses South...more