In most states, the force majeure event must have proximately caused the delay or deficiency in performance. In Tour de Force: When Is COVID-19 the Cause of Nonperformance?, colleagues Andrew C. Smith, Anne C. Lefever, Brian L. Beckerman, Stephanie S. Gomez, Colin Davis, and Eugenie Dubin discus how causation considerations may impact force…
Virginia has adopted statewide emergency workplace safety standards, the first in the nation, to prevent and mitigate the spread of COVID-19. In client alert “Virginia Adopts First COVID-19 Workplace Safety Mandates“, colleagues Mario F. Dottori, Julia E. Judish, Sarah Konnerth and Kristina Sgambati discuss the Coronavirus-related workplace safety mandates adopted by…
Illinois Governor’s Executive Order prohibited sale of food or beverages for on-premises consumption held to partially excuse restaurant tenant’s rent payment obligations. In “Court Holds COVID-19 Executive Order Triggers Lease’s Force Majeure Clause, Excusing Some Rent Obligations,” colleagues David L. Miller, Patrick J. Potter, Jessica H. Lee, and Katherine Sauter examine the…
On May 1, Texas began Phase I of its economic reopening, permitting certain businesses to begin operating again. Many states have since followed. As state governors look to continue to reopen with additional safety precautions in place, several (including California, Kansas, Texas, Ohio and Delaware) have implemented rules that require…
In responding to the COVID-19 pandemic, CIOs across all industries may decide to undertake IT initiatives to enhance business resiliency and capabilities while containing costs. Some of these initiatives may involve large, complex migrations and implementations of technologies that require the assistance of experienced systems integrators. In “Post-Pandemic Contracting with…
As COVID-19 cases continue to be reported by the hundreds on a daily basis, and as businesses begin the process of returning to the worksite, it is imperative that property managers—both commercial and residential—understand their duties and responsibilities with respect to disclosure of COVID-19 cases. As difficult as it may…
In the wake of the COVID-19 pandemic, states are beginning to pass new legislation designed to protect and reassure businesses facing unknown and significant liability risks. At this point, every state has begun some form of phased reopening following lengthy business shutdowns and stay-at-home orders. However, COVID-19 cases continue to…
Historically, “Act of God” was defined to encompass sickness, but the concept has evolved, and it is unclear whether, in the absence of an express reference to epidemics in a force majeure clause, courts will find COVID-19 to be an Act of God. In “Tour de Force: What Constitutes an…
As we approach the next phase of the COVID-19 pandemic, many states and cities around the country have proposed safety measures for construction projects during the pandemic. These guidelines range from a single page of suggestions to multipage requirements handed down by state public health officers. In “DC Real Estate…
From mask-wearing to physical separation to staggered schedules and crowding-related transit incentives, implementing the new CDC guidelines may reshape office life. In “Updated CDC Guidelines Impact Business Districts, Office Buildings and Their Tenants, and Users,” colleagues Caroline A. Harcourt, Shani Rivaux and Amanda G. Halter outline how these guidelines contemplate a…