COVID-19 Updates: Arizona Employment Law Issues
Following the COVID‑19 pandemic, many parties and jurisdictions grappled with how shutdown orders affected their private contract rights. Our commentary from March 2020 is still a good starting point for evaluating these...more
The ongoing conflict in Ukraine has had a significant impact on commercial activity for many organizations on a local and international scale. Organizations with commercial operations in the region (both Ukraine and Russia)...more
Rapid material price escalation is a costly reality of today’s construction industry. How long this escalation will be a reality is anyone’s guess. In the meantime, there are workable solutions; but those pressing for...more
The Russian military’s invasion of Ukraine, coupled with the considerable economic sanctions levied against Russia and certain Russian entities and individuals, has significantly impacted businesses worldwide. Recognizing the...more
Traditionally, industry in Germany has enjoyed close commercial ties with Russia and Ukraine. The ongoing conflict in Ukraine and the resulting sanctions imposed on Russia—and by Russia—will inevitably affect these business...more
The 51st Annual International Council of Shopping Centers (ICSC) U.S. Law Conference was held earlier this month in San Francisco from November 3 – 5, 2021. Chaired by our own David Rabinowitz, the event hosted more than 700...more
CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed...more
The lingerie brand Victoria’s Secret (“VS”) has struggled in recent years. VS’ overtly sexy aesthetic has failed to keep up with shifting consumer tastes towards comfort and gender and size inclusivity....more
The increase in loan and lease defaults in the wake of COVID-19 has brought to the forefront numerous legal defenses by borrowers and tenants, such as force majeure, impossibility, and frustration of purpose. Force majeure...more
As discussed in previous updates, courts across the country continue to grapple with the application of the legal doctrines of impossibility, frustration of purpose, and impracticability in breach of contract actions...more
It’s hard to read the news these days without seeing the dramatic effect of COVID-19 on professional and collegiate sports. Among others, a number of professional athletes have opted out of their respective seasons, Major...more
Force majeure clauses and the doctrines of impossibility and/or impracticability remain among the most-discussed legal topics of the COVID-19 pandemic. ...more
New York courts are resuming some operations, but eviction proceedings, including for violations of commercial leases, are still suspended. However, those contracts — and the obligations they created — still exist. ...more
The COVID-19 pandemic has resulted in dramatic shifts in the way many companies operate. A recent spate of government restrictions have closed or limited nonessential businesses, and, although they vary by state, many of...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
As the novel coronavirus has and continues to wreak havoc on so many lives, so does it affect contracts, whether they be those between landlord and tenant, buyer and seller, or otherwise. As addressed by my esteemed colleague...more
Sweepstakes, contests, raffles, and other promotions can be a fantastic way to engage with your customers and build brand awareness. Many companies have launched such promotions prior to COVID-19 and may now wish to cancel or...more
As COVID-19 spreads throughout the United States and governors issue “shelter-in-place” orders and mandate the closure of non-essential businesses, landlords and tenants have encountered new and evolving challenges in meeting...more
As COVID-19 continues to cause widespread disruption to commercial activity around the world, there is an increased focus on the effectiveness of contractual force majeure provisions and the availability of relief under...more
This presentation provides a brief overview of common employment issues Arizona companies are currently facing as they navigate the unforeseeable consequences COVID-19 has had on their businesses....more
The spread of the coronavirus infection (2019-nCoV) is causing parties to consider the need to amend or cancel their contracts. They will also likely be giving thought to the allocation of liability and expenses in connection...more
While the new coronavirus disease (COVID-19) outbreak has already caused unprecedented and far-reaching negative consequences, foremost for many businesses is the difficulty or impossibility of carrying out contractual...more
The coronavirus COVID-19 health crisis has interfered with ongoing and future business arrangements throughout New Jersey. As a result, New Jersey businesses that are parties to existing contracts may have rights in the event...more
COVID-19 has upended our everyday lives and business operations around the country. Many states have taken drastic steps to curb the spread of the virus by ordering businesses to close and/or individuals to shelter in place....more
Will Financial Impacts from COVID-19 Pandemic Suffice to Breach a Contract Under a Force Majeure Clause?Force majeure clauses in contracts are intended to allow performing parties to avoid liability if certain natural or...more