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Pandemic Is Changing Compassionate Release Calculus

The risk of becoming infected with COVID-19 while incarcerated is significant and widely documented in the U.S. On Thursday, the Federal Bureau of Prisons reported that 4,718 federal inmates and 2,049 bureau staff members...more

Southern District of New York: COVID-19 Can Constitute A Natural Disaster Justifying Force Majeure Defense, But The Contract...

Case law is beginning to take shape on the relationship among the COVID-19 pandemic, related government-mandated shutdowns, and force majeure clauses in contacts. There have been very few reported decisions in this arena,...more

Verdict In First SDNY White-Collar Jury Trial Since Start Of Pandemic

After four days of deliberations, a jury returned a verdict against two former MiMedx Group Inc. executives for their involvement in an alleged fraud scheme. The three-week trial before U.S. District Judge Jed Rakoff marked...more

Mounting A Successful COVID-19 Force Majeure Argument

As the economic effects of COVID-19 rage on, litigants are seeking to excuse contractual performance by invoking force majeure clauses. To date, there is a limited universe of applicable decisions, and the rulings reaffirm...more

Covid-19, Force Majeure, And Impossibility—Still A High Bar To Win

In the wake of Covid-19, litigants have increasingly sought to excuse contractual performance by invoking force majeure clauses or the doctrine of impossibility. Yet despite the numerous (and creative) Covid-19-related...more

PPP Loan Scrutiny Requires Immediate Borrower Attention

Just one day after lending under the Paycheck Protection Program reopened, Treasury Secretary Steve Mnuchin warned that the Small Business Administration would audit all loans over $2 million. The announcement follows...more

How To Avoid Federal Criminal And Civil Penalties In Connection With Applications For PPP Loans

The Small Business Administration’s (SBA) Paycheck Protection Program (PPP) is a forgivable loan program created by the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The purpose of the PPP, which has a $349...more

How Will Courts Interpret Force Majeure Clauses in the COVID-19 Crisis Response? Look to 2008 Recession Fallout for Clues

As the COVID-19 crisis continues to unfold, businesses nationwide are struggling to meet their existing contractual obligations. While companies may attempt to rely on force majeure clauses to exempt performance, they are...more

Two Weeks Into a Pandemic: A Fresh Look at Force Majeure

While the new coronavirus disease (COVID-19) outbreak has already caused unprecedented and far-reaching negative consequences, foremost for many businesses is the difficulty or impossibility of carrying out contractual...more

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