Month: April 2020

CARES Act: Significant Changes to FCRA Credit Reporting Obligations

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law in response to the COVID-19 pandemic. The CARES Act includes significant changes for credit reporting agencies or any institutions that furnish information to credit reporting agencies regarding accounts receiving relief due to the COVID-19 crisis. Specifically, the […]

Travelers, the Plaintiff-insurer in California Business Interruption Coverage Litigation

Oakland, CA – Much time and attention has been focused on the seemingly ever-increasing number of business interruption insurance coverage lawsuits policyholders have filed across the country in the last few weeks. However, insurance coverage battles related to losses from the COVID-19 pandemic have recently taken a unique turn. We previously highlighted the multiplying number […]

Fifth Circuit Blesses Snap Removals

New Orleans, LA – The Fifth Circuit recently joined the Second, Third, and Sixth Circuits in blessing so-called “snap removals” – a procedure used by non-forum defendants to seemingly circumvent the forum-defendant rule and remove cases on the basis of diversity before any forum defendants are served. Texas Brine Co., L.L.C. v. Am. Arbitration Ass’n, […]

The Impossibility Doctrine in Texas & COVID-19

Houston, TX – Regardless of whether a contract contains a force majeure provision, a party’s non-performance may still be excused by the common law doctrine of impossibility. 1. The impossibility doctrine in Texas. The impossibility defense is an excuse to performance that Texas courts will refer to as impossibility of performance, commercial impracticability, or frustration […]

Pre-denial Business Interruption Coverage Suits in California

Oakland, CA – We previously highlighted that many businesses are not first waiting for coverage determinations before suing their insurers. Now, in a single day, five lawsuits were filed seeking business interruption coverage for losses related to COVID-19, this time in Los Angeles County Superior Court. On April 13, 2020, attorney Mark Geragos, his Los […]

California Relaxes Rules for Mass Layoffs in Wake of COVID-19 Crisis

Oakland, CA – On March 17, 2020, Governor Newsom issued Executive Order N-31-2020, temporarily suspending some of the notice requirements employers must follow prior to planned workforce reductions. Ordinarily, the California Worker Adjustment and Retraining Notification (WARN) Act, which applies to commercial or industrial facilities employing 75 or more employees, requires an employer to provide […]

California OSHA Issues COVID-19 Guidance to Employers

Oakland, CA -For employers continuing their business operations during the health crisis, the California Division of Occupational Safety and Health (Cal/OSHA) has issued Interim Guidance to ensure the health and safety of working employees. Cal/OSHA’s regulations require protection for workers exposed to airborne infectious diseases, which include COVID-19. Employers in industries with higher risks of […]