Florida Adopts New COVID-19 Civil Liability Limitations

On March 29, 2021, Florida Governor Ron DeSantis signed into law Chapter 2021-1, designed to deter certain COVID-19-related lawsuits against a wide range of individuals, businesses, healthcare providers, and governmental and religious organizations. The legislation, which will be codified as sections 768.38 and 768.381 of the Florida Statutes, implements several new requirements applicable to a plaintiff bringing a “COVID-19-related claim.” This covers “a civil liability claim… which arises from or is related to COVID-19” or, in the case of a claim against a healthcare provider, “a civil liability claim” arising from, among other things, transmission of COVID-19; a diagnosis or treatment of, or failure to diagnose or treat, a person for COVID-19; the provision of a novel or experimental COVID-19 treatment; or delay or cancellation of a surgery or procedure due to a government-issued COVID-19-related health directive or guidance.

To read the full text of this Duane Morris Alert, please visit the firm website.

Webinar: Lessons Learned from Recent Headlines and Court Rulings on Products Liability Cases Across Industries

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.

Webinar: Lessons Learned from Recent Headlines and Court Rulings on Contract Cases Across Industries

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.

Cyber Risks: Learning from Months of Remote Work and Preparing for the Next Wave

Duane Morris will be hosting the webinar, “Cyber Risks: Learning from Months of Remote Work and Preparing for the Next Wave,” on February 11, 2021, from 1:00 p.m. to 2:00 p.m. Eastern.

This is the second session of the Duane Morris COVID-19: Navigating Forward Webinar Series. For more information and the registration link, please visit the firm website.

Florida Legislators Introduce Bills That Would Impose Strict Prerequisites to Bringing COVID-19 Personal Injury Claims

On January 6, 2021, Florida legislators introduced a pair of bills—H.B. 7 in the Florida House and S.B. 72 in the Florida Senate—intended to address civil liability for damages for personal injuries relating to COVID-19. (In a previous Alert, we discussed the Associated Industries of Florida’s recommendation for the state to address legal liability.) As described below, the bills would impose strict pleading, filing and proof requirements on plaintiffs pursuing COVID-19-related actions; shield from liability defendants who attempted to comply with applicable health standards and guidelines; and establish a framework for courts to quickly dispose of spurious claims.

To read the full text of this Duane Morris Alert, please visit the firm website.

CDC Advisory Committee Issues Recommendations for Initial COVID-19 Vaccine Prioritization

The afternoon of December 1, 2020, marked an important milestone in the fight against the coronavirus pandemic. The Centers for Disease Control and Prevention Advisory Committee on Immunization Practices (ACIP) voted 13-1 to approve recommendations to prioritize distribution of the initial doses of COVID-19 vaccines. ACIP took an unusual step, issuing the recommendations before the FDA issues emergency use approval (EUA) of any COVID-19 vaccines so that the recommendations could assist states in developing their own vaccine distribution plans.

To read the full text of this Duane Morris Alert, please visit the firm website.

Florida Industry Group Urges State to Limit Legal Liability for Florida Businesses

On November 30, 2020, the Associated Industries of Florida (AIF) released a 74-page report compiled by its Restore Economic Strength through Employment & Tourism (RESET) Task Force, highlighting a number policy proposals intended to help Florida’s economy “rebound from the effects of the coronavirus pandemic and any similar future economic slowdowns.”

To read the full text of this Duane Morris Alert, please visit the firm website.

Protecting Trade Secrets During Remote Work

The rapid transition to remote work in the spring of 2020 brought with it new risks for businesses managing their confidential information. Helpfully, existing trade secret law is designed to adapt to circumstances, and can cover the transition to remote work. For proprietary information to continent to qualify as a trade secret, the plaintiff must show that it took “reasonable measures” under the circumstances to protect the secrecy of the information.

To read the full text of this post by Duane Morris partner Gregory Bombard, please visit the Duane Morris Non-Compete & Trade Secrets Law Blog.