News & Analysis as of

Corporate Counsel Business Closures

Dechert LLP

WARN Act Decision Highlights Employment Risks for Private Equity Sponsors

Dechert LLP on

In considering whether two entities should be considered a “single employer” for purposes of the WARN Act, the Fifth Circuit concluded that “the question of de facto control is of such importance that liability might be...more

Proskauer - Labor Relations Update

Not A Clean Break:  Cautionary Tale for Employers Looking To Close Plants

In a very active end of summer for labor law, the National Labor Relations Board (“Board”) ruled in a 2-1 decision, in Quickway Transportation, Inc., 372 NLRB No. 127, that a company’s closure of a terminal where its drivers...more

Fisher Phillips

Comprehensive FAQs For Employers on Hurricanes and Other Workplace Disasters: 2022 Edition

Fisher Phillips on

This detailed set of Frequently Asked Questions, fully updated for 2022, addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations you need to...more

Ervin Cohen & Jessup LLP

Ninth Circuit Rejects Insurance Coverage for COVID Losses

On March 16, 2022, the Ninth Circuit joined other appellate courts in finding that restaurants were not entitled to insurance coverage for losses due to the COVID-19 pandemic shutdowns. A panel of judges issued an unpublished...more

Cozen O'Connor

Major Victories for Insurers in Fifth Circuit Regarding COVID-19 Business Interruption Claims

Cozen O'Connor on

The Fifth Circuit Court of Appeals has joined seven other Circuits in finding no coverage for COVID-19 business interruption claims. In Terry Black’s Barbecue, L.L.C. v. State Auto. Mut. Ins. Co., 2022 U.S. App. LEXIS 287...more

Miller Starr Regalia

No Relief For The Inn: Business Income Losses Due To Government’s Covid-19 Shutdown Orders Are Not “Physically Caused” By Covid-19...

Miller Starr Regalia on

Addressing an issue of first impression in California, the Court of Appeal for the Second District has confirmed that businesses compelled to cease operations as a result of governmental directives issued in response to the...more

Cozen O'Connor

Eleventh Circuit Becomes Second Federal Appellate Court To Hold No Coverage For COVID-19 Business Losses

Cozen O'Connor on

In the second federal appellate ruling on Covid-19 business losses, the Eleventh Circuit has joined the Eighth Circuit in holding that they do not trigger coverage because they do not involve “physical loss” or “physical...more

Jackson Lewis P.C.

Fourth Circuit Provides Guidance On How To Count Affected Employees Under WARN Act

Jackson Lewis P.C. on

A federal contractor that could not secure extended financing and suddenly laid off its workers when it could not make payroll was not a covered “employer” under the Worker Adjustment and Retraining Notification Act (WARN...more

Blake, Cassels & Graydon LLP

Clause d’arbitrage : rejet d’action collective fondée sur l’interruption des affaires en raison de la COVID-19

Le 14 janvier 2021, le juge Gary D.D. Morrison de la Cour supérieure du Québec (la « Cour ») a rendu une décision clé dans le cadre de laquelle il a décliné compétence à l’égard d’une demande visant à autoriser une action...more

Blake, Cassels & Graydon LLP

Court Applies Arbitration Clause to Dismiss Class Action Launched in the Wake of Covid-19 Business Closures

On January 14, 2021, Justice Gary D.D. Morrison of the Superior Court of Quebec (Court), issued an important decision, declining jurisdiction over an application to authorize (certify) a class action (Application) brought by...more

Fisher Phillips

December 2020: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Shaw LLP

Bankruptcy Court Denies Debtors’ Motion to Abate Rent Due To COVID-19 Government Shutdown Orders

Seyfarth Shaw LLP on

On December 14, 2020, Judge Marvin Isgur of the United States Bankruptcy Court for the Southern District of Texas, issued an important decision in the CEC Entertainment, Inc. (Chuck E. Cheese) bankruptcy case, Case No....more

Dechert LLP

UK Government’s Job Support Scheme – further changes and details announced

Dechert LLP on

On 22 October 2020, the UK Government announced further changes to the Job Support Scheme (JSS) which will replace the existing Coronavirus Job Retention Scheme (CJRS), also known as the furlough scheme, when that scheme...more

Perkins Coie

COVID-19 Business Interruption Litigation: Lessons Learned So Far

Perkins Coie on

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

Dunlap Bennett & Ludwig PLLC

Restaurant Group Gets a Break on Its Rent During COVID-19 Pandemic

On June 2, 2020, the Northern District of Illinois Bankruptcy Court addressed landlord-tenant debt obligations issues in light of the COVID-19 pandemic in its decision for In re: Hitz Restaurant Group. The Court held that the...more

Franczek P.C.

DOL Broadly Defines When a Summer Camp or Program is a Child’s Place of Care for FFCRA Leave

Franczek P.C. on

In Field Assistance Bulletin No. 2020-4, issued June 26, 2020, the United States Department of Labor, Wage and Hour Division, recognized a number of ways an employee can establish eligibility for Family First Coronavirus...more

Constangy, Brooks, Smith & Prophete, LLP

Protests Amid A Pandemic – What’s An Employer To Do?

A group of employees in California recently went on strike to protest their employer’s refusal to close its business despite the employer’s alleged knowledge of a rising COVID-19 infection rate among employees and its failure...more

Miller Canfield

Bankruptcy Court Says Force Majeure Clause Partially Excuses Rent Payment Due To COVID-19 Executive Order

Miller Canfield on

Restaurants, retail stores, and other businesses around the country have been uniquely hit by COVID-19 - and by the executive orders shuttering their in-person services that quickly followed in its wake. Recently, the United...more

Littler

Wave of COVID-19 Litigation Already Rising, Threatening Employers as They Return to Work

Littler on

The wave of COVID-19 litigation is not coming; it has arrived. Even before most states open back up for business, plaintiff’s lawyers are suing employers for a variety of alleged violations related to the virus, including...more

Brownstein Hyatt Farber Schreck

Do COVID-19 Closures Reset the Clock for Trademark Incontestability?

Temporary business closures due to COVID-19 have inevitably forced trademark owners to rethink their brand protection strategies. In a previous alert, we advised shuttered businesses to delay certain filings with the United...more

Ballard Spahr LLP

Pennsylvania Supreme Court Weighs In: COVID-19 Shutdown Is Not an Unconstitutional Taking

Ballard Spahr LLP on

On Monday, in Friends of Danny DeVito v. Wolf, a divided Pennsylvania Supreme Court rejected a constitutional challenge to Governor Tom Wolf’s executive order closing non-life sustaining businesses. ...more

Morgan Lewis

Japan Declares State of Emergency – What Does It Mean for Employers?

Morgan Lewis on

Shortly after the announcement that the 2020 Summer Olympics would be delayed until Summer 2021, the Japanese government on April 7 announced a state of emergency for Tokyo and six prefectures (Kanagawa, Saitama, Chiba,...more

Pillsbury - Gravel2Gavel Construction & Real...

Top 10 Tips for Identifying Essential Businesses and Complying with Stay-at-Home Orders

The Department of Homeland Security has outlined 16 critical infrastructure sectors which represent the types of businesses that can remain operational during the COVID-19 pandemic. However, each state—in some cases, local...more

Hinshaw & Culbertson - Insights for Insurers

Insights on the First COVID-19 Coverage Lawsuits

As the number of filings of COVID-19 coverage actions continue to increase, we thought it would be useful to review these cases for our insurer readership so they can better understand the issues and themes that are emerging...more

Littler

Ontario, Canada: At Critical Moment in Fight to Stop Spread of COVID-19, Government Narrows List of Essential Businesses

Littler on

On March 23, 2020, the Government of Ontario ordered the mandatory closure of all non-essential workplaces effective March 24, 2020 at 11:59 p.m. On April 3, 2020, in response to the advice of Ontario’s Chief Medical Officer...more

27 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide