After months of negotiations, on December 22, 2020, Congress overwhelmingly passed a bi-partisan COVID-19 relief package – the Consolidated Appropriations Act, 2021 (“CAA 2021”) – that includes approximately 900 billion...more
On September 4, 2020, the Center For Disease Control (the “CDC”) issued a broad, nationwide, moratorium on residential evictions on the basis that it is an effort to prevent further spread of the COVID-19 virus. The order ...more
With uncertainty surrounding efforts in the Senate to enact broad COVID-19-related immunity for all schools, colleges, charities and businesses in the Phase 4 Coronavirus relief act, the “HEALS Act,” organizations still need...more
A significant challenge for reopening the economy and returning to “normalcy” during the COVID-19 pandemic is addressing whether, when, and how schools and colleges will open this fall. As with the initial shelter-in-place...more
7/28/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Distance Learning ,
Educational Institutions ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Infectious Diseases ,
Public Health ,
School Closures ,
School Districts ,
State and Local Government
To date, all U.S. states have at least recommended that individuals wear cloth masks or face coverings (in line with the CDC’s recommendations) when in certain public spaces, especially when in situations where six feet of...more
Reopening the economy has had mixed results. Many types of businesses have reopened without triggering outbreaks in COVID-19. But, bars and other businesses are being linked to the June and July spikes in COVID-19 cases...more
On Friday, June 26, 2020, the Georgia Legislature passed a broad COVID-19 immunities bill that applies to health care providers and other business entities in the State of Georgia (Georgia SB 359). The protections go into...more
We previously wrote several alerts addressing contract defenses, including force majeure, frustration of purpose and impracticability, available in several states. These alerts address how parties to a contract may allocate...more
Navigating the decision as to when to reopen businesses may be just as daunting as navigating the closures caused by the pandemic. Resuming business operations will require significant preparation, constant monitoring of the...more
5/27/2020
/ Americans with Disabilities Act (ADA) ,
Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
NLRA ,
OSHA ,
Personal Protective Equipment ,
Re-Opening Guidelines
We previously wrote about the contract defenses that business may rely on when an epidemic or government orders impairs contractual performance and recently analyzed these defenses under California, Colorado, Florida,...more
We previously wrote about the contract defenses that business may rely on when an epidemic or government orders impairs contractual performance and recently analyzed the force majeure defense under Georgia, North Carolina,...more
You want to reopen your place of business, and certainly do not want to harm your customers or employees in doing so. Safety from COVID-19 in your establishment is simply not something you can offer, however. No organization...more
The fluidity of the COVID-19 situation will require businesses to consider a myriad of issues as they navigate the decision as to whether, when, and how to reopen their facilities to employees and the public. The following...more
We previously wrote about the contract defenses that business may rely on when an epidemic or government orders impairs contractual performance (here and here) and recently analyzed the force majeure defense under Georgia,...more
We previously wrote about the contract defenses that business may rely on when an epidemic or government orders impairs contractual performance and recently analyzed the force majeure defense under Georgia, North Carolina,...more
We previously wrote about the contract defenses that business may rely on when an epidemic or government orders impairs contractual performance and recently analyzed the force majeure defense under Georgia, North Carolina,...more
Force majeure, which means superior force, is a defense to a failure to perform contractual obligations because of an “act of God” event or some other event beyond the parties’ control. The COVID-19 pandemic has caused, and...more
Force majeure is a defense to non-performance of contractual obligations because of an “act of God” event or other event beyond the parties’ control. The COVID-19 pandemic, declarations of emergency, and issuance of...more
Relief for Small Businesses -
The federal CARES Act, if enacted in its current form, would contain several provisions which are intended to provide assistance and resources for small businesses impacted by the current...more
The COVID-19 pandemic has presented virtually unprecedented health challenges to the United States and the world at large. But the pandemic also may present both civic and business opportunities. One of the most immediate and...more
In response to COVID-19, state and local governments have issued public health orders that restrict business, travel, and social activities in order to slow the spread of the virus and prevent hospitals from being overrun...more
In response to the COVID-19 coronavirus, several state and local governments have issued public health orders to limit the number of people infected. These orders establish restrictions on business operations and travel....more
State and local governments are taking aggressive actions to contain the COVID-19 virus by limiting the number of people exposed. ...more
The new coronavirus (“COVID-19”) has prompted the World Health Organization to declare a pandemic, for President Trump to declare a National Emergency, for Italy to quarantine the entire country and for many other countries...more