COMMERCIAL LANDLORDS COVID-19: Force Majeure Clauses in Contracts – NY Court Decision We previously noted that most commercial leases contain Force Majeure clauses, that is, a provision in the lease that allows the tenant or landlord to be released from performance if there is an act of god or some...
♥ WORKPLACE LOVE AFFAIRS ♥ Workplace ‘spouse’ relationships, where employees have a close working relationship is one thing, but what about when workplace relationships blossom into a Cupid Romance – what liability does the employer suffer? Results of a Society of Human Resource Management survey conducted earlier this year...
BANKRUPTCY COURT – If Debtor is Solvent, Default Interest and ‘Make-Whole’ Contract Provisions are Enforced With the impending onslaught of bankruptcies, now is the time to consider the terms in your agreements with those who owe you money. A recent bankruptcy in Texas confirms that: Contract default judgment terms...
REMINDER: CAL/OSHA REQUIRES EMPLOYERS TO POST 2020 ANNUAL SUMMARY OF WORK-RELATED INJURIES AND ILLNESSES BY FEBRUARY 1ST While we would like to eloquently summarize this for you again, the CA Department of Industrial Relations issued a release that does it quite well: If there are problems with how this message...
EMPLOYER GETS INDICTED FOR NO POACHING SENIOR EMPLOYEES AGREEMENTS WITH COMPETITORS Employers rarely get entwined in antitrust actions, but that is exactly what happened on January 7th of this year. The Department of Justice indicted Surgical Care Affiliates LLC, which operates outpatient medical care facilities throughout the country. The indictment...
Bankruptcy: New U.S. Supreme Court Case on Automatic Stay Holding Property To Maintain Status Quo Does Not (Necessarily) Violate Automatic Stay: Bankruptcy courts in most jurisdictions have held over the years that merely keeping property of a debtor after the debtor filed a bankruptcy petition violated the automatic stay provisions...
NEW LANDLORD PROTECTIONS - COVID BANKRUPTCY FILINGS BY TENANTS The newly enacted Consolidated Appropriations Act, 2021 (“CAP”) makes several amendments to the Bankruptcy Code based upon the severe financial hardships suffered by both tenant debtors and landlords as a result of the COVID-19 pandemic. The amendments relate to the deferral...
COVID 19: Business Interruption Insurance Coverage Update Insurers for shuttered businesses have almost uniformly denied claims for business interruption. But, insureds across the country have challenged the denials. Those lawsuits are starting to come to conclusion and while judges have sided with the insurance companies in many cases, restaurants in...
PPP LOANS – ROUND 2 Please note the Eligibility for a loss in revenue is 25 percent for any quarter of 2020. On December 27, the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (“PPP2 Act”) came into law, changing rules for Paycheck Protection Program (“PPP”) loans, including...
COVID 19: Should Employers Mandate Employees Take the Vaccine? The first COVID-19 vaccines are being administered and while it may be quite some time before the vaccines will be available to most of us, employers may well want to begin considering whether to have a vaccine policy. Why? In other...