News & Analysis as of

Business Litigation Coronavirus/COVID-19

Butler Weihmuller Katz Craig LLP

North State Deli: A New Outbreak of COVID-19 Litigation?

Civil-authority “stay-at-home” orders issued in the wake of the COVID-19 pandemic were just one layer of the outbreak’s sweeping impact on people and businesses worldwide. The pandemic has resurfaced in North Carolina in...more

Farella Braun + Martel LLP

Judges Wipe Out Business Interruption Policyholders’ First (And Only) COVID Win

Out of the 1,199 (and counting) trial court rulings addressing Covid business interruption lawsuits, only one of them resulted in a victory for the policyholder. Back in 2022, Baylor College of Medicine won $12 million from...more

Freiberger Haber LLP

The First Department Dismisses COVID-19 Based Frustration of Purpose and Impossibility Related Defenses In Rent Arrears Action

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Among the problems resulting from COVID-19, is the pandemic’s effect on business. Numerous businesses were forced to close due to lock downs and supply chain issues. The economic slowdowns and business closures caused by...more

Bennett Jones LLP

Force Majeure Clauses and COVID-19 Pandemic Impacts—An Assessment of Ontario Judgments Three Years On

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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

Perkins Coie

The Number of False Claims Act Cases Reach Record High, But DOJ’s Recoveries Drop to $2.2 Billion in Fiscal Year 2022

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The U.S. Department of Justice (DOJ) obtained more than $2.2 billion in civil False Claims Act (FCA) judgments and settlements in fiscal year (FY) 2022, the lowest such annual total since 2008 and a significant drop from a...more

Perkins Coie

University of Colorado System Scores COVID-19 Property Insurance Coverage Win

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A Colorado state court recently joined a growing chorus of courts across the country rejecting insurance companies’ arguments that there is no coverage for COVID-19-related losses and costs under commercial property insurance...more

Conyers

Getting Ready for the Big Day – Keys for Planning a Successful Virtual Trial

Conyers on

British Virgin Islands (“BVI”) companies are widely used as corporate vehicles for joint ventures in Asia, especially at their pre-listing stage. There are over 450,000 active BVI companies set-up by users around the world....more

Farrell Fritz, P.C.

Necessity Is the Mother of Innovation: The Option of Virtual Evidentiary Hearings and Non-Jury Trials Goes from Provisional to...

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As we all are acutely aware, during the last 21+ months, the normally slow-to-change practice of law has been thrust into overdrive, forcing lawyers and courts to quickly pivot from a largely in-person practice to virtual....more

Farrell Fritz, P.C.

Even as Pandemic Wanes, Remote Depositions Remain the New Normal

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In March 2020, the New York State Courts and attorneys’ offices all over the state shut down as part of the public’s broad effort to slow the spread of the Coronavirus, and the legal profession quickly transitioned to remote...more

Gray Reed

The Pandemic is not a MAE; Is the Ordinary Course Covenant the New MAE?

Gray Reed on

Recent Delaware cases appear to make two things clear. First, it remains extremely unlikely that a court will find an event or occurrence to fall within the general provisions of a Material Adverse Effect condition and as a...more

Steptoe & Johnson PLLC

First Look: Spring 2021 Newsletter

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In the wake of government shutdowns necessitated by the COVID-19 pandemic, insureds filed business-interruption and other claims with their commercial-liability insurers. As insurers denied those claims, insureds filed suit,...more

Pillsbury - Policyholder Pulse blog

Reopening Workplaces: Employer Insurance Coverage for Sexual Harassment Claims Against Employees

For both good and ill, the COVID-19 pandemic has altered every facet of personal and professional life. For example, many employees have enjoyed unprecedented freedom to work remotely. However, with vaccines becoming more...more

Wilson Sonsini Goodrich & Rosati

Delaware Court of Chancery Issues Additional Guidance on Busted Deals

On April 30, 2021, then-Vice Chancellor (now Chancellor) Kathaleen S. McCormick of the Delaware Court of Chancery issued a post-trial decision addressing an array of important topics in the "busted deal" context following a...more

Hogan Lovells

2021 securities, shareholder, and M&A litigation outlook - April 2021

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One year ago, when we were finalizing our outlook for 2020, the world was in the early throes of the COVID-19 pandemic. While we anticipated that 2021 would bring many new challenges, few, if any, of us predicted at the time...more

Rumberger | Kirk

COVID-19 Litigation: What Alabama Businesses Need to Know

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It has been one year since the COVID-19 pandemic began and during that time more than 9,500 COVID-19 related lawsuits have been filed across the United States. Out of these 9,500 lawsuits, more than 1,800 employment-related...more

Esquire Deposition Solutions, LLC

Should Cost Considerations Drive Broader Use of Remote Depositions?

The COVID-19 pandemic taught the legal community that technology can be deployed to effectively serve clients and resolve disputes remotely, if necessary. Suddenly stripped of their ability to meet in-person, lawyers and...more

Saiber LLC

District of New Jersey Extends Standing Orders Responding to COVID Crisis for Several More Months

Saiber LLC on

As part of the District of New Jersey’s continuing response to the ongoing public health emergency and in light of the current resurgence of COVID-19 in the state, on March 12, 2021, Chief Judge Freda L. Wolfson of the...more

Nutter McClennen & Fish LLP

BLS 2020 Year in Review: Five Key Takeaways

A few weeks ago, the Social Law Library sponsored its annual review of the BLS. Like most events over the past year, the 2020 Year in Review was conducted virtually with Judge Kenneth Salinger and BLS practitioners logging on...more

Farrell Fritz, P.C.

Depositions in shorts after the pandemic? Remote depositions are likely becoming the norm, but dress-down shouldn’t

Farrell Fritz, P.C. on

The legal industry has adapted rather quickly in order to minimize the pandemic’s impacts on the practice of litigation by enacting orders, rules, and practices to keep the wheels of justice turning.  This includes the...more

Rumberger | Kirk

30(b)(6) Discovery in the Age of COVID-19

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Defending corporate representative depositions in the new reality. If there is one lesson all trial lawyers have learned over the last year, it’s that life and the practice of law must go on, even in the face of upheavals...more

Farrell Fritz, P.C.

The Secret’s Out: COVID-19 May Not Excuse Commercial Rent Obligations

Farrell Fritz, P.C. on

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

Rumberger | Kirk

Proposed Florida Legislation Sets Out to Curb COVID Litigation and Frivolous Claims, Protect Businesses

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On January 6th, lawmakers in the Florida House of Representatives and Senate introduced identical bills (HB 7 and SB 72) aimed at protecting businesses from frivolous litigation related to the COVID-19 pandemic.  According to...more

Shutts & Bowen LLP

Court takes hard line on late rent payment into court registry during COVID-19

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Under a particular Florida statute, in a commercial eviction, where there is a court order requiring the tenant to pay rent into the court registry during the lawsuit and the tenant fails to pay, the tenant is considered to...more

Seyfarth Shaw LLP

New Decisions Give Further Guidance on Frustration of Purpose, Impossibility, and Related Doctrines

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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

Farella Braun + Martel LLP

[Webinar] Wine Industry Roundtable - November 5th, 10:00 am - 11:30 am PT

COVID, fires, shut downs, smoke taint: 2020 has brought one challenge after another to the wine industry. With our roots in the industry we ourselves are dealing, and are seeing our clients and friends deal, with many novel...more

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