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Early on in the COVID-19 pandemic, many businesses began to scrutinize force majeure clauses in their commercial contracts and leases. Such contractual clauses, when engaged, either permanently or temporarily relieve the...more
Business Continuity Planning (“BCP”) is the process of creating a system of prevention and recovery from potential interruptions and other threats to an organization. Among the key elements that make up a typical BCP are...more
In the wake of government shutdowns necessitated by the COVID-19 pandemic, insureds filed business-interruption and other claims with their commercial-liability insurers. As insurers denied those claims, insureds filed suit,...more
Since the start of the pandemic, hundreds of businesses of all sizes have been forced to file lawsuits against their property insurers for failing to honor their contractual obligations to provide business interruption, extra...more
Major League Baseball (MLB) is scheduled to begin its COVID-delayed season on July 23, but the MLB teams’ Minor League counterparts will have no 2020 campaign. Their season has been canceled. Many Minor League teams are now...more
While U.S. policyholders are primarily still in the early stages of the claim process and likely coverage litigation regarding COVID-19-related business interruption claims, a French court has struck an early blow against an...more
The short answer is, no one knows right now because the issues arising from COVID-19 are extraordinarily rare and distinguishable from more typical claims against retail, restaurants, and similar consumer facing businesses....more
A few weeks ago we were discussing what was believed to be the first COVID-19 lawsuit related to business interruption insurance and a handful of state legislative efforts to redefine the scope of coverage for businesses...more
If any events served as harbingers of the oncoming halt of social life as we know it, it may well have been the abrupt, mid-March cancellations of college basketball conference tournaments and interruption of the NBA season. ...more
New York courts have applied the common law doctrines of Impossibility of Performance and Frustration of Purpose narrowly and strictly and only in limited circumstances when raised by commercial tenants who refused to pay...more
The coronavirus (COVID-19) pandemic in France has led to travel bans and restrictions, including the quarantine of individuals. These measures have disrupted many businesses’ supply chains and operations, including factory...more
With the COVID-19 pandemic threatening people’s health and wreaking economic havoc in California and worldwide, parties to commercial contracts are asking whether force majeure and the closely related doctrines of commercial...more
Seyfarth Synopsis: In the wake of COVID-19, courts that deal with a high volume of commercial litigation, including the U.S. District Court for the Southern District of New York, the New York State Commercial Division, and...more
There are many litigation issues presented by the outbreak of and response to COVID-19 (the disease caused by the novel coronavirus). We address below several practical and legal issues to consider during this challenging...more
The COVID-19 viral disease (coronavirus) that has swept into at least 140 countries worldwide and infected more than 200,000 people was officially designated a pandemic by the World Health Organization. In addition to the...more