D&O Insurance Myths (Part 1)
What to Do if Your Suppliers Are in Distress - Is It Time to Find a New Supplier?
What to Do if Your Suppliers Are in Distress - Candid Conversations with Suppliers in Distress
What to Do if Your Suppliers Are in Distress - Identifying Suppliers in Distress
The Calm Before the Storm: Planning for Catastrophic Weather Events
Out With a Bang: Current State of Play on Coverage for COVID-Related Losses
Regulating the Internet of Things
The Intersection of Insurance and Bankruptcy – Part 2
On-Demand Webinar | Impacts of COVID-19 on Litigation Economic Damages
On-Demand Webinar | Insurance Issues Faced by Employers in Times of COVID-19
COVID-19 in the Workplace - PPP Update, COVID Plans from the Biden Transition Team, Higher Education Relief Package Provision, COVID WARN Act Developments
How an Am Law 200 Firm is Working Towards Solutions to 2020’s Challenges with Jeremy Sacks: On Record PR
Second-Wave Contingency Planning and Risk Mitigation Strategies - Diagnosing Health Care Podcast
COVID-19 Business Interruption Insurance Claims: A Practical Perspective
WEBINAR: COVID-19 Insurance Coverage Class Actions
Compliance Perspectives: Compliance During a Business Interruption
Butler's Thursday Tips #3 | Handling Business Loss Claims
AF COVID-19 Podcast: Business Interruption Coverage, Do You Have a Claim?
Lifting the Fog Over Lobbying Compliance - updated with impact of COVID-19 on NYS lobbying community
Litigation and COVID-19: How to Protect Your Business in This Time of Crisis
On Aug. 6, the Colorado Court of Appeals recently addressed a question that had never been definitively answered in the state: whether a prevailing party can recover attorney fees incurred to enforce a contractual...more
VFLA Eventco, LLC v. William Morris Endeavor Entertainment, LLC, 2024 WL (March 6, 2024) involved the loss of $6 million in deposits that had been paid to secure the performances of various artists at a two day musical...more
A fundamental premise of contract law is that promises must be kept. If legally enforceable promises or “contracts” are not kept, courts may step in to enforce them by ordering performance, awarding damages, or granting some...more
Last week, Florida’s Second District Court of Appeals handed down a pro-landlord decision arising out of the COVID-19 pandemic. See Fitness International, LLC v. 93FLRPT, LLC, No. 2D22-1182, May 10, 2023. One week later...more
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
A recent decision from Justice Robert Reed of the Manhattan Commercial Division in J.P. Morgan Ventures Energy Corporation v. Miami Wind I, LLC, Goldthwaite Wind Energy LLC demonstrates how parties have the ability to excuse...more
In what some may regard as a surprising outcome, the English Court of Appeal has held that a force majeure clause was not triggered because the affected party could have accepted performance that was not in accordance with...more
Applying Minnesota law, the United States District Court for the District of Minnesota has denied an insured’s motion to amend its coverage litigation complaint to add a claim for bad faith, holding that coverage under the...more
The Second Circuit has now joined the Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits in holding that no insurance coverage exists for business interruption losses caused by the Covid-19 pandemic and the...more
In a highly anticipated decision, the Ontario Superior Court of Justice – Commercial List held that Cineworld wrongly terminated its arrangement agreement to acquire Cineplex, which was awarded substantial damages....more
Racking up three more victories at the U.S. Court of Appeals for the Ninth Circuit, insurers have now prevailed in the first six decisions of United States Court of Appeal. Each of these decisions have affirmed the dismissal...more
COVID-19 has had an enormous impact on businesses of all kinds. But organizations in the real estate sector—both commercial and residential—have been hit particularly hard. The fallout from the pandemic has sparked numerous...more
The principles of jurisdiction and venue are paramount when determining not only where a proceeding will be conducted, but also which particular laws will govern the proceeding. ...more
The Financial Conduct Authority v Arch Insurance (UK) Ltd and others [2021] UKSC 1 - What was it about? ..The Supreme Court gave its view on various business interruption insurance policy clauses. ..The case was...more
As the pandemic has evolved, so too has the number and complexity of the questions arising in force majeure disputes. Regardless of whether a party is seeking to invoke, or defend against invocation of, a force majeure...more
Two more federal court judges in the Northern District of Ohio have weighed in on whether insurance carriers in the cases pending before them must cover claims for damages caused by the COVID19 pandemic. In both cases, the...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
"It cannot be seriously disputed that the COVID-19 pandemic is a natural disaster." This seemingly straightforward conclusion has only been reached in a small number of reported court decisions since the start of the...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
Corona virus as a force majeure event in hotel lease agreements - Rent payment and business interruption insurance - Since the hotel industry is severely affected by the current situation due to the new corona virus...more
Millions of people across the country are waiting to get the COVID-19 vaccine. For businesses, immunity is sought not against the virus but against liability, and, in some cases, businesses have been successful in invoking...more
The COVID-19 pandemic upended the class actions landscape in 2020, with over 30 COVID-19 related class actions launched in Canada since the pandemic took hold in March. While that number pales in comparison to the hundreds of...more
If Canceling or Postponing Your Wedding, Bar/Bat Mitzvah, Anniversary Party or Event, Look For These When Reviewing Your Vendor Contracts....more
As COVID-19-related force majeure litigation continues to arise in both common and civil law jurisdictions, we take a first look at the approach to force majeure in civil law jurisdictions as compared to the common law...more
An Israeli court recently rendered an interesting ruling on the impact of COVID-19. The case is question involved the lease agreement for the operation of a hotel. The lease agreement, executed in February 2020, provided...more