A video replay of the COVID-19: Navigating Forward Webinar Series session, “Lessons Learned from Recent Headlines and Court Rulings on Products Liability Cases Across Industries,” is available.
Duane Morris will be hosting the webinar, “Lessons Learned from Recent Headlines and Court Rulings on Products Liability Cases Across Industries,” on April 22, 2021, from 1:00 p.m. to 2:00 p.m. Eastern.
This is the seventh session of the Duane Morris COVID-19: Navigating Forward Webinar Series. For more information and the registration link, please visit the firm website.
A video replay of the COVID-19: Navigating Forward Webinar Series session, “Lessons Learned from Recent Headlines and Court Rulings on Contract Cases Across Industries,” is available.
Duane Morris will be hosting the webinar, “Lessons Learned from Recent Headlines and Court Rulings on Contract Cases Across Industries,” on March 11, 2021, from 1:00 p.m. to 2:00 p.m. Eastern.
This is the fourth session of the Duane Morris COVID-19: Navigating Forward Webinar Series. For more information and the registration link, please visit the firm website.
A video replay of the COVID-19: Navigating Forward Webinar Series session, “Inauguration 2021: Anticipated Government Policy Updates and Changes Regarding COVID-19 Concerns,” is available.
Duane Morris will be hosting the webinar, “Inauguration 2021: Anticipated Government Policy Updates and Changes Regarding COVID-19 Concerns,” on January 28, 2021, from 1:00 p.m. to 2:00 p.m. Eastern.
This is the first 2021 session of the Duane Morris COVID-19: Navigating Forward Webinar Series. For more information and the registration link, please visit the firm website.
COVID 19 is having a massive impact on supply chains and business continuity and, post lockdown, questions will be asked about who pays for this. The knee-jerk response of many businesses is that the pandemic is a unique, unforeseeable “Act of God” and that businesses which have furloughed staff or been forced to close during the lockdown or have had difficulties with their own supply chains or customers reducing purchase volumes, have no liabilities to or remedies against others for the consequent losses sustained. The reality is that on a case by case basis, businesses already adversely affected by this pandemic may find that contractual claims are being made against them or that they have a route to mitigate their losses by looking at their own contractual or statutory rights.
With most of the country under stay-at-home orders and practicing social distancing, COVID-19 has become a major disruptive force for the indefinite future. One of the many business areas severely hindered by COVID-19 is contractual relationships between parties. Consenting parties to a new contract may agree that a PDF signature page sent by email suffices in these times, but what about statutory requirements that have to be satisfied? Real estate deeds and mortgages generally need to be notarized to be accepted for recording and for title companies to insure them. A will or trust agreement drawn up during the pandemic may need to be notarized as well to be given effect. Usual notary requirements include in-person, physical presence before the notary. How does that work with social distancing?
To read the full text of this Duane Morris Alert, please visit the firm website.
Contractors should take steps that are suitably appropriate to manage the spread of Covid-19 first and foremost.
They are being urged to achieve between themselves and their employers an approach to coronavirus-related issues that is fair to both parties and avoids disputes down the line.
Guidance on NEC contractual matters came from UK-based lawyers working for the American legal firm Duane Morris. Continue reading “COVID-19 Based Contractual Rows Not Inevitable, Claim Lawyers”
Based on growing concerns over the spread of COVID-19, large public gatherings, such as conferences and other events, are being cancelled at an increasing rate throughout the United States, and internationally. More than 50,000 people signed an online petition requesting the cancellation of the multi-day South by Southwest event in Austin, Texas. That and other conferences and large events are being cancelled daily. With at least 3,300 world-wide deaths, and approximately 200 confirmed cases in the U.S., large public events will continue to be cancelled for the near future.
Impacting the decision to cancel conferences and other large public events, large corporations are issuing policies (changing almost daily) such as: no nonessential travel; employees can attend conferences only if the conference has a travel ban from certain countries (i.e., you, employee, can attend the conference, but only if the conference bans attendance of people from certain COVID-19 troubled countries); and no attending public events larger than 10 people (last week the policy was 1,000 people or more). Most recently, companies have issued bans on guests being allowed onto their premises, and/or issued a mandatory work from home policy.
What are the legal ramifications of each of these edicts? Or of cancellations of conferences and other large public events? What happens to the contracts for each of these events, such as contracts with the attendees, the site, the vendors, the airlines, consultants, speakers, performers etc. What are the legal ramifications and what will be the financial impact from these cancellations? Will you be able to make an insurance claim to protect you?
Insurance companies are starting to see numerous notifications under Event Cancellation insurance. But will the cancellation be covered by your policy? Are you trying to submit a claim for cancelling an event due to the attendees’ fear, or event organizer’s fear of spreading or catching COVID-19 even though there is no ban on the event going forward? That may not be a covered claim. While you may decide to cancel the event, just know that the cancellation may not be covered because the cancellation was not beyond the control of the event organizer. Additionally, the typical cancellation insurance policy likely contains exclusions that come into play (e.g., the Communicable Disease exclusion – excluding coverage where fear causes a cancellation due to the World Health Organization’s world epidemic determination). Don’t assume your Event Cancellation Insurance will cover your expenses related to canceling.
Other insurance companies are seeing notifications of claims for Business Interruption coverage. Presenting a covered claim under a Business Interruption Insurance policy may be difficult. The first question will be: Does the cause of loss qualify under the policy for coverage? Recently, the UK made COVID-19 a registered notifiable disease to allow insurance claims to be filed. What will happen in the U.S.? And, what is the “loss”? Are there applicable exclusions precluding coverage? Unless you have a specific and unusual insurance policy, recovering under an insurance policy for expenses due to COVID-19 may be very difficult.
These are just some of the legal issued to be sorted out in the coming months. But without recourse to insurance coverage, the contract disputes become even more key.
For more on Force Majeure Contract Clauses and COVID-19, see the March 4, 2020 Duane Morris Alert.