Category: Coronavirus
Force Majeure and COVID-19
Force Majeure and COVID-19 The COVID-19 pandemic is bringing new relevance to an old contractual principal, “Force Majeure.” This clause discharges certain contractual obligations upon the occurrence of a force majeure event. What obligations are discharged and under what circumstances depend on the language of the specific force majeure clause. These clauses are often included […]
READ MOREINDEPENDENT CONTRACTORS IN CALIFORNIA DURING COVID-19
COVID-19 is having a once in a generation impact on businesses and their operations. During this dynamic and uncertain time, how a business classifies its workers has become ever more important, as businesses explore switching to independent contractors to reduce payroll costs, and as employees rely even more on healthcare benefits and eligibility for unemployment […]
READ MORERESOLVING DISPUTES BY ARBITRATION DURING THE COVID-19 PANDEMIC
RESOLVING DISPUTES BY ARBITRATION DURING THE COVID-19 PANDEMIC Anyone who has ever been involved in litigation understands the long, gruesome process of getting their case to trial. However, this already lengthy process has been turned upside down by the COVID-19 pandemic, which has caused courthouse closures and trial suspensions throughout the State. While it is […]
READ MORECause of Non Performance In Force Majeure Contract Disputes
A force majeure clause in a contract may excuse a party’s performance if there is an unpreventable occurrence that disrupts contract performance. The COVID-19 pandemic may be such an occurrence as well as many of COVID-19’s affects. For any of these events to trigger force majeure, however, they must be the actual cause of non-performance. […]
READ MOREProtecting Trade Secrets Under Coronavirus COVID-19 Work From Home Policies
Proprietary information that belongs to a business can be considered a “trade secret” or protected confidential information. The law provides protection for trade secrets. These assets are a form of valuable business property or “intellectual property”. Employees can be required to keep trade secrets confidential. They must not to turn around and sell those secrets […]
READ MOREImpossibility of Performance and the Commercial Frustration During COVID-19
Impossibility of Performance and the Commercial Frustration During COVID-19 COVID-19 is having a once in a generation impact on businesses and their operations. During this dynamic and uncertain time, business owners may be faced with no choice but to breach a contractual obligation, or be on the other side of a broken contract. Can the […]
READ MOREPursuing and Defending COVID-19 Claims and Lawsuits
With the COVID-19 outbreak spreading across the globe and causing untold health and economic damage prompting legal action by businesses, consumers, workers, homeowners and many others. These so-called “coronavirus lawsuits” will come in all shapes and sizes. Some legitimate, some frivolous. From breach of contract claims to commercial frustration to employment and wrongful termination cases, […]
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