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What to Do When Your Distribution Checks Stop Arriving

For months, if not years, you received distribution checks from the business in which you own an interest. The funds came without question and like clockwork. You relied on them. Then suddenly, they stopped coming. Is this...more

New Jersey Appellate Division Qualifies Longstanding Arbitration Requirement That Waiver of Court Relief Must Be Express

Nearly a decade ago, the New Jersey Supreme Court in Atalese v. U.S. Legal Services Group, L.P., held that for an arbitration agreement to be enforceable, it had to contain an explicit waiver of the parties’ right to seek...more

Mission (Im)possible: Recent Cases Hold that Pandemic-Related Disruptions Do Not Relieve Contractual Performance

Due to the large-scale shutdowns triggered by the Coronavirus pandemic (“COVID-19”), many businesses were unable to operate fully, or not at all. Litigants across the country have sought to be relieved of their obligations...more

Q&A with EBG’s Managing Director, James P. Flynn: Lessons from a Virtual Bench Trial

We recently wrote about the pros and cons of the virtual deposition, a mechanism which saw its use burgeon during the pandemic. Epstein Becker & Green’s Managing Director, James P. Flynn, has taken the virtual experience to...more

Should Virtual Depositions Survive the Pandemic? The Answer Is Yes and No.

As the “new normal” of pandemic virtual legal proceedings appears to be waning, a question arises as to which, if any, practices initially born out of necessity, but no longer so, should continue to be utilized. One such...more

In COVID Coverage Dispute, Pennsylvania Court Hands Insured a Rare Win

Scores of insureds have sued their insurance carriers seeking coverage for business interruption losses stemming from the COVID-19 pandemic and related governmental closure orders. A vast majority have lost. Time and again,...more

Tavern’s COVID-19 Coverage Complaint Survives Preliminary Objection

In what can be considered a victory for the drinking classes (see Taps & Bourbon on Terrace, LLC v. Underwriters at Lloyds London, et al.), a Philadelphia judge recently ruled that a tavern’s lawsuit for business interruption...more

Cyber Coverage in the Age of COVID-19 Need Not Result in Pandemonium

While businesses and their employees continue to operate in the “new frontier” of working-from-home during the COVID-19 pandemic and the gradual reopening of the economy, a serious risk continues to present itself: the threat...more

No Quarter for PPP Lenders

Much ink has been spilled in recent weeks about how some recipients of Paycheck Protection Program (“PPP”) relief obtained their loans through mistakes or false pretenses. ...more

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