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The Future of FFCRA 2021 Brings a Shift from Mandatory to Voluntary Leave Through March

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

Broad Moratorium on Residential Evictions Issued by the CDC Faces Judicial Challenge

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

COVID-19: Chart of State Immunity Statutes

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

COVID-19: School Reopening Jujitsu For Employers

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

Masks and COVID-19: Statewide Requirements and Recommendations

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

COVID-19 Reopening Issues Taking Advantage of the State Immunities Whether or Not Your State Has Enacted COVID-19 Immunities...

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

Georgia Legislature Passes Broad COVID-19 Immunities Legislation

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

The Philadelphia Commerce Court Establishes a Temporary Financial Monitor Program

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

COVID-19 Reopening Guidebook

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

Impact of the COVID-19 Pandemic on Contract Defenses Under Washington Law

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

Impact of the COVID-19 Pandemic on Force Majeure Defenses Under Illinois Law

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

COVID-19: Read This Before You Take the Temperatures of Your Customers, Visitors or Employees

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

COVID-19: Re-Opening Issues Checklist

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

Impact of the COVID-19 Pandemic on Force Majeure Defenses Under California Law

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

Impact of the COVID-19 Pandemic on Force Majeure Defenses Under Florida Law

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

Impact of the COVID-19 Pandemic on Force Majeure Defenses Under Colorado Law

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

Impact of the COVID-19 Pandemic on Force Majeure Defenses Under Delaware Law

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

Impact of the COVID-19 Pandemic on Force Majeure Defenses Under New York Law

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

CARES Act - Look Here First for Financing: Coronavirus Aid, Relief and Economic Security (CARES) Act

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

Practical Considerations for Manufacturers Pivoting to PPE Production to Combat COVID-19 Pandemic

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

Checklist for Evaluating the Applicability of State and Local Shelter in Place Orders

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

Cutting Through the Fog: How to Navigate Federal, State, and Local Orders and Guidance to Determine Whether Your Business Must...

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

Excused Non-Performance-Governments Order Construction to Halt Amid COVID-19 Outbreak

State and local governments are taking aggressive actions to contain the COVID-19 virus by limiting the number of people exposed. ...more

COVID-19: Contract Defenses

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

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