As discussed in our prior updates, courts continue to hear challenges to the constitutionality and statutory validity of COVID-19-related restrictions and programs. PPP loans, restrictions on debt collection efforts, “stay at...more
Much has been written about the general applicability of the frustration of purpose, impossibility, and impracticability doctrines to performance of leases and other contracts in the wake of COVID-19....more
As the weeks under shelter or stay at home orders approach months, more courts are trying to resume closer to “normal” operations, while acknowledging in some cases that certain procedures are still not viable due to the...more
We continue to track the impact of COVID-19 on court operations and parties in civil litigation across the country. As the weeks pass, COVID-19’s impact on civil litigation is becoming more varied, and sometimes is yielding...more
As the pandemic continues, courts are addressing COVID-19-related constitutional challenges. The most recent cases address the eligibility requirements for Paycheck Protection Program loans (“PPP” loans), gubernatorial orders...more
4/27/2020
/ Ballots ,
CARES Act ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Due Process ,
E-Signatures ,
First Amendment ,
Freedom of Religion ,
Government Lockdown ,
Governor Wolf ,
Guidance Update ,
Inverse Condemnation ,
Just Compensation ,
Non-Essential Businesses ,
Paycheck Protection Program and Health Care Enhancement Act ,
Personal Protective Equipment ,
Political Campaigns ,
Political Candidates ,
Right to Peaceful Assembly ,
State of Emergency
Many landlords of commercial and residential buildings in New York City have been looking into possible ways to address the health and safety of individuals at their premises. Although New York courts have not yet weighed in...more
4/23/2020
/ Banking Sector ,
Banks ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Essential Functions ,
Executive Orders ,
Financial Services Industry ,
Forbearance Agreements ,
Governor Cuomo ,
Healthcare ,
New York ,
NYDFS ,
Operators of Essential Services ,
Paid Leave ,
Quarantine ,
Retailers ,
Shelter-In-Place ,
Sick Leave ,
State and Local Government
We continue to track the impact of COVID-19 on court operations and parties in civil litigation across the country. (You can read our most recent update here.) Many courts seem to have shifted from the earlier pauses and...more
4/20/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Court Closures ,
Court Schedules ,
Defense Strategies ,
Depositions ,
Discovery ,
Electronic Filing ,
Electronically Stored Information ,
Federal Court Litigation ,
Filing Deadlines ,
Litigation Strategies ,
New Jersey ,
New York ,
Service of Process ,
State Courts ,
Teleconferences ,
Trial Attorneys ,
Videoconference ,
Virtual Meetings
The campaign of a political candidate and several small businesses jointly challenged COVID-19-related governmental measures, asserting that the Governor of Pennsylvania exceeded his statutory powers, and violated various...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
As discussed in prior updates, lawmakers in New York previously introduced bills that would, if enacted, temporarily suspend rent payments for certain residential and small business commercial tenants unable to pay rent due...more
4/13/2020
/ Borrowers ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Debt-Relief Industry ,
Eviction ,
Landlords ,
Lenders ,
Moratorium ,
New York ,
Nonprofits ,
Relief Measures ,
Rent ,
Rental Property ,
Small Business ,
State and Local Government ,
Tenants ,
Waivers
We continue to track the impact of COVID-19 on court operations and parties in civil litigation across the country. The COVID-19 pandemic continues to slow down most civil cases throughout the United States, and is impacting…...more
As set forth in our prior update, commercial tenants in New York may not be able to establish a breach of the covenant of quiet enjoyment because of the ongoing pandemic, subject to specific lease language....more
4/6/2020
/ Commercial Leases ,
Coronavirus/COVID-19 ,
Eviction ,
Foreclosure ,
Landlords ,
Moratorium ,
Mortgage Lenders ,
Mortgages ,
Property Owners ,
Release of Liability ,
Relief Measures ,
Rent ,
Rental Property ,
Residential Leases ,
Small Business ,
State of Emergency ,
Tenants
We are continuing to track the impact of COVID-19 on courts and parties in civil litigation across the country. Many courts have moved to restrict certain filings in civil litigation, whether by…...more
As discussed in our prior update, the New York Legislature is considering a pair of bills that would waive rent payments for a period of 90-days for those residential tenants that have lost their jobs or small business...more
Many leases for commercial property contain an express covenant of “quiet enjoyment,” which typically provides that the property owner may not interfere with the tenant’s use and occupancy of the property so long as the...more
We are continuing to track the impact of COVID-19 on courts and parties in civil litigation across the country. The COVID-19 pandemic is affecting every aspect of civil litigation, not only in-person proceedings…...more
The New York Legislature is considering a pair of bills that would provide relief for some of those residential or commercial tenants that have either lost their jobs or been forced to close during the current crisis. ...more
The ongoing COVID-19 pandemic raises the question of whether landlords having leased properties for commercial uses can be held liable for injuries sustained when someone—whether employees of the commercial tenant or someone...more
Courts and parties across the country continue to figure out how to move civil litigation forward in pending matters given the current pandemic. As discussed in our prior updates, federal and state courts continue to take…...more
3/25/2020
/ Depositions ,
Discovery ,
Discovery Disputes ,
Evidence ,
Federal Court Litigation ,
Litigation Strategies ,
Pending Litigation ,
State and Local Government ,
Trial Preparation ,
Uniform Standards ,
Witness Preparation
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
In the wake of the ongoing COVID-19 pandemic, courts and parties across the United States are scrambling to figure how, or even if, to move civil litigation forward in pending matters given the current circumstances. As...more
In the wake of the ongoing COVID-19 pandemic, courts and parties across the United States are scrambling to figure how, or even if, to move discovery forward in pending matters given the current circumstances....more
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
At the end of 2019, the Second Circuit finally weighed in on an issue that has divided federal courts considering applications for discovery pursuant to 28 U.S.C. § 1782, through which a litigant can obtain an order from a...more
2/10/2020
/ 28 U.S.C. § 1782 ,
Discovery ,
Document Productions ,
e-Discovery ,
Electronically Stored Information ,
Evidence ,
Extraterritoriality Rules ,
Federal Rules of Civil Procedure ,
Foreign Jurisdictions ,
International Litigation ,
Litigation Strategies
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