September 30th represents a number of things, the end of September, entry into Autumn, and, most critically, the end of the Federal Government’s fiscal year, to name a few. As such, the Government must have a budget in place...more
One of the questions in real estate law arising out of the pandemic is what impact the pandemic and related closure orders would have on commercial leases, and in particular a tenant’s obligation to pay rent. Many, if not...more
A recent decision from the Southern District of New York may pave the way for broader excuse of performance in COVID-19 force majeure litigation after finding the pandemic is a “natural disaster” that is beyond the parties’...more
The Coronavirus (COVID-19) pandemic continues to disrupt communities and businesses around the world. This unprecedented crisis has also focused major scrutiny on force majeure (FM) clauses in contracts, as parties struggle...more
As COVID-19-related force majeure litigation continues to arise in both common and civil law jurisdictions, we take a first look at the approach to force majeure in civil law jurisdictions as compared to the common law...more
In addition to the tragic human toll that it has caused, the coronavirus pandemic has also wreaked havoc on businesses throughout world, leaving countless companies and individuals unable to perform their contractual...more
The predicted wave of force majeure litigation related to COVID-19 has now become reality. Lawsuits are increasingly being filed by parties to contractual disputes, and practitioners are increasingly being called upon to...more
Causation in the context of force majeure, and how causation considerations may impact force majeure claims in the COVID-19 era. In most states, the force majeure event must have proximately caused the delay or deficiency...more
This client alert discusses whether the economic fallout of COVID-19 constitutes a force majeure event... Historically, courts have typically found that sudden economic downturns do not constitute force majeure events....more
This client alert will discuss the contours of the term “Act of God” and briefly cover new developments in case law regarding the doctrine of force majeure. Historically, “Act of God” was defined to encompass sickness, but...more
Are employer mandatory screenings and medical evaluations enforceable in your jurisdiction? Yes, subject to certain requirements. Puerto Rico is covered by US federal law, including the Americans with Disabilities Act....more
The force majeure doctrine has heightened significance in a post-COVID-19 world. This first alert in a series examines the history and contours of the force majeure doctrine and its resurgence in application due to the...more
Email overload on whether COVID-19 triggers a force majeure clause? Whether you're considering a claim, worried about receiving one or busy drafting following the outbreak, here's our 10-point, jargon-free checklist on...more
This is the second in a series of alerts on Force Majeure and Common Law Defenses against failure to perform contracts. In our first alert, we discussed the elements of a force majeure clause and looked at how various states...more
ARGENTINA - A. Are employer mandatory screenings and medical evaluations enforceable in your jurisdiction? The rule is that employers cannot require employees to submit to mandatory screenings and medical evaluations,...more
The term “force majeure” takes us on a trip down memory lane to the law school classroom where our contracts professor spoke of antiquated doctrines of limited practical use. Or so we thought. As the COVID-19 outbreak...more
The conditions created by the coronavirus (COVID-19) pandemic and resulting government shutdown orders have raised questions across various industries regarding contractual rights and obligations during the crisis. One...more
As the COVID-19 pandemic continues to wreak havoc on our social, legal, financial, real estate, and healthcare systems, the widespread disruptions caused by the COVID-19 outbreak have in certain instances made it impossible...more
COVID-19 has placed many landlords and tenants between the proverbial rock and hard place. Tenants are trapped among rent, TICAM and other monetary obligations under their leases, as well as public health orders mandating the...more
Do Force Majeure Clauses Include the Coronavirus? The COVID-19 pandemic generated sweeping changes for all California businesses. The state-wide stay-at-home order has forced many businesses to stop operating altogether,...more
As the issues related to the mandated school closures in response to the COVID-19 crisis continue to rapidly evolve, the Governor extended the closure through April 7, and in all likelihood, Illinois schools will remain...more
Confusion and uncertainty abound in the business world, with many business owners unable to meet a variety of contractual obligations as a result of the COVID-19 pandemic, and related government shut downs, employee...more
Imagine these scenarios: - Your company cannot perform a contract because of the COVID-19 pandemic. - A vendor informs you that she cannot provide your company with necessary goods because of supply chain issues caused...more
In these difficult times, we are certain that you are focused on the health and safety of your families and employees. At the same time, we understand you are concerned about the devastating impact that restaurant or...more
Although Act of God days between March 17 and March 30 will not be made up and are not instructional days, “the employer can expect school district employees to participate in work activities,” including stipend work, “in...more