In previous posts, we reported on several of the many lawsuits across the country in which students have sued their colleges and universities for tuition reimbursement as a result of not receiving certain services during (in...more
1/21/2022
/ Breach of Contract ,
Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Government Agencies ,
Infectious Diseases ,
Motion to Dismiss ,
Refunds ,
Reimbursements ,
Sovereign Immunity ,
Students ,
Tuition ,
Universities
On November 5, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an emergency temporary standard (“ETS”) that implemented a “vaccinate-or-test” mandate for large, private employers. The ETS spurred a...more
1/4/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Oral Argument ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Millions of homeowners have signed up for a forbearance under the CARES Act, which gives homeowners with a federally-backed mortgage loan the right to obtain a temporary reduction or suspension of mortgage payments by way of...more
10/12/2021
/ CARES Act ,
Coronavirus/COVID-19 ,
Failure To Disclose ,
Fair Lending ,
Fannie Mae ,
Forbearance Agreements ,
Foreclosure ,
Homeowners ,
Infectious Diseases ,
Mortgages ,
PNC ,
Putative Class Actions ,
Relief Measures ,
RESPA ,
Statutory Violations ,
Truth in Lending Act (TILA) ,
Unfair or Deceptive Trade Practices
On February 27, 2021, the Centers for Disease Control and Prevention (the “CDC”), the United States Department of Health and Human Services (the “HHS”), and the United States of America (collectively the “Government”)...more
3/17/2021
/ Centers for Disease Control and Prevention (CDC) ,
Commerce Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Enforcement Authority ,
Eviction ,
Financial Distress ,
Infectious Diseases ,
Interstate Commerce ,
Landlords ,
Moratorium ,
Police Power ,
Relief Measures ,
Rent ,
Rental Property ,
Tenants
Two more university tuition refund cases were recently decided at the pleadings stage, with mixed results for the university defendants. The U.S. District Court for the Southern District of New York ruled in the matter of...more
Business interruption insurance claims keep coming, cutting across a broad array of industries. The entertainment and media sectors are certainly not immune from pandemic-related losses. Last month, ViacomCBS became the...more
2/24/2021
/ Breach of Contract ,
Business Interruption ,
Business Losses ,
CBS ,
Coronavirus/COVID-19 ,
Covenant of Good Faith and Fair Dealing ,
Financial Services Industry ,
Infectious Diseases ,
Insurance Claims ,
Policy Exclusions ,
Policy Terms ,
Viacom
COVID-19 class actions continue to increase and are expected to spread to additional areas of law. Higher education has been one of the prime subjects of class actions thus far. To date, over 250 class action lawsuits have...more
2/10/2021
/ Article III ,
Breach of Contract ,
Class Action ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Infectious Diseases ,
Refunds ,
Standing ,
Tuition ,
Universities ,
Unjust Enrichment
More than 40 U.S. business groups, including the National Association of Manufacturers, National Restaurant Association, American Hotel and Lodging Association, and the U.S. Chamber of Commerce, requested on February 1 that...more
2/3/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
A vexing question for many businesses is whether to make COVID-19 vaccinations mandatory for employees once those vaccinations become more widely available. Though the health and safety benefits of such a policy may seem...more
On September 4, the Centers for Disease Control (CDC) imposed a moratorium on residential foreclosures and evictions through the end of this year. The move quickly followed comments by the Trump administration that it would...more
9/23/2020
/ CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Eviction ,
Fannie Mae ,
Federal Housing Administration (FHA) ,
Financial Distress ,
Foreclosure ,
Freddie Mac ,
HUD ,
Infectious Diseases ,
Landlords ,
Moratorium ,
Mortgages ,
Public Health ,
Relief Measures ,
Rent ,
Rental Property ,
Tenants
Governor DeSantis previously issued Executive Order 20-94 on April 2, 2020, suspending and tolling any statute providing for a mortgage foreclosure or residential eviction due to non-payment of rent that, after several...more
8/5/2020
/ Coronavirus/COVID-19 ,
Eviction ,
Executive Orders ,
Financial Distress ,
Florida ,
Foreclosure ,
Governor DeSantis ,
Landlords ,
Moratorium ,
Mortgages ,
Relief Measures ,
Rent ,
Rental Property ,
State and Local Government ,
Tenants
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
As state and local governments throughout the country attempt to find a balance between re-opening the economy and sheltering in place, fears persist that the COVID-19 pandemic has already set in motion the next financial...more
In March, the Florida Legislature passed CS/HB 873, approving the Uniform Commercial Real Estate Receivership Act (“UCRERA”). First drafted in 2015 by the Uniform Law Commission, UCRERA has already been adopted by seven...more
Businesses that receive forgivable loans through the Paycheck Protection Program (PPP) would get additional time and greater flexibility to make use of those funds under proposed legislation approved last week by the U.S....more
Talk of a broader “re-opening” of the economy has led to a fierce debate in Congress about whether it would be advisable to include, as part of a new COVID-19 legislative relief package, provisions creating certain immunities...more
On April 20, 2020, Colorado Governor Jared Polis laid out an ambitious plan to dramatically reduce the restrictions on personal movement and business operations created by last month’s “Stay-at-Home” Order....more
In response to the severe economic disruptions caused by COVID-19, Congress took unprecedented fiscal steps to inject liquidity into the economy. One of Congress’ most significant actions was the CARES Act, which included the...more
A proposed class action filed in federal court in California on April 20 demands refunds for all fans who purchased tickets to Major League Baseball (MLB) games that have been postponed indefinitely due to the coronavirus...more
In the mortgage industry, as in many others, uncertainty abounds as companies attempt to adjust to the “current normal.” One thing residential mortgage loan originators and servicers believe is clear, however, is that they...more
What can companies expect from their funding sources as COVID-19 does damage to the economy? In at least some instances, perhaps, opportunistic attempts by lenders to illegally take control of business assets....more
The disastrous health effects of the novel coronavirus, and the extraordinary economic problems it is creating, are becoming all too familiar for companies around the world. Unfortunately, the problems spawned by COVID-19 do...more
Earlier this week, we noted that COVID-19 might be the pin that bursts a corporate debt bubble. Unfortunately, corporate debt is not the only type of debt poised to explode, particularly under mounting pressure from COVID-19...more
The effects of the novel coronavirus on individual businesses and the larger economy cannot be forecasted with precision, but are virtually certain to be profound. As companies await a better understanding of the specifics of...more
As the world grapples with the health threat posed by the novel coronavirus (COVID-19), the secondary threats of the coronavirus—including economic and financial consequences—have come into clear view....more
3/18/2020
/ China ,
Coronavirus/COVID-19 ,
Corporate Bonds ,
Debt ,
Dow Jones ,
Economic Downturn ,
Federal Reserve ,
Financial Markets ,
Financial Services Industry ,
Infectious Diseases ,
Interest Rate Adjustments ,
Mortgages ,
Public Health ,
Recessions ,
Stock Prices