The Bottom Line Vigilance in understanding the potential roadblocks and deadlines is key to ensuring rights to coverage under an insurance policy are preserved.Neglecting and overlooking suit deadlines can mean the forfeiting of policy rights and a policyholder’s ability to bring suit against its Continue Reading
Property and Business Interruption Insurance in Light of COVID-19
The Bottom Line In light of COVID-19, companies should review their insurance policies to make certain they are updated to improve their chances of triggering coverage for future pandemics. As countless business interruption claims have been asserted with limited success, companies should Continue Reading
How New York’s COVID-19 Executive Orders Affect Limitations Periods in New York
The Bottom Line Parties in New York may have limitations periods tolled at least until May 15. However, parties would be wise to exercise caution rather than relying on Executive Orders because:Courts previously construed such orders narrowly, though the current language differs markedly from Continue Reading
Best Practices for Litigating in the Virtual World
The Bottom Line Virtual court appearances should be treated with the same approach as in person appearances.Build in a cushion for discovery deadlines to allow for delays related to collecting data remotely.Keep confidentiality and privilege top of mind in litigating virtually. Be cognizant of when Continue Reading
How the COVID-19 Crisis Impacts Contract Obligations
The Bottom Line Businesses need to consider if fulfilling their contractual obligations is possible during the COVID-19 crisis. If performance truly is not possible, a party may be excused from performing based on the following legal doctrines:Force MajeureFrustration of purposeBecause access Continue Reading
Enhancing Enforceability of Restrictive Covenants Against Terminated Employees
The Bottom Line Employers seeking to enforce post-employment restrictions against terminated employees will face an uphill battle if they are unable to demonstrate that the employee was terminated with cause. There are two ways for employers to mitigate this situation. First, they should maintain Continue Reading
New York Appellate Court Enforces Lease Provision Waiving Commercial Tenants’ Right to Seek Yellowstone Injunction, Strengthening Landlords’ Right to Evict
The Bottom Line Commercial tenants entering into new leases should review draft agreements carefully for explicit waivers of the right to seek Yellowstone relief and less obvious waivers of that right that are drafted more vaguely, such as provisions that:waive a tenant's right to seek Continue Reading
New York Courts Reaffirm That They Will Not Consider Extrinsic Evidence When Interpreting Unambiguous Contracts
The Bottom Line While parties to a contract may develop an understanding of their agreement based on discussions during contract negotiations, under New York law, a court should not consider evidence of that understanding if the ultimate agreement is unambiguous.As reaffirmed by the recent Continue Reading
“Dialing It Back?” Federal Courts Weigh in on “Autodialers” After Appeals Court Strikes Down FCC Interpretation of TCPA
The Bottom Line In the aftermath of the DC Circuit's ruling striking down the FCC's interpretations of what constitutes an ATDS under the TCPA, ambiguity abounds. While the Herrick ruling represents a very positive development for marketers and their agencies, the Reyes ruling demonstrates that Continue Reading
New Jersey Supreme Court Rejects No-Harm TCCWNA Claims, Dealing Blow to Consumer Class Actions Under the Act
The Bottom Line The New Jersey Supreme Court's recent holding is expected to eliminate no-harm class actions under the TCCWNA. Violations of the statute, unaccompanied by any injury to the consumer, will no longer be sufficient to support a claim. The need for class action plaintiffs to prove Continue Reading