Matthew Windman writes about how the New York theater community has been left to grapple with challenging legal issues relating to governmental directives, contracts, insurance coverage, refunds, presenting live and prerecorded content on the Internet, and what health and safety measures will be Continue Reading
Applying Insurance Coverage to Vandalism, Fires and Theft
There is good news for businesses damaged during the riots — insurance may cover your losses. During the days and weeks following the death of George Floyd at the hands of Minneapolis police officers, protests erupted in every state across the country. Although most of these protests remained Continue Reading
Coronavirus and Your D&O Policies
While the world took a “we’re all in this together” approach in the early days of the COVID-19 crisis, the prolonged economic and human impacts are driving some investors to sue. Claims that a company could have done more, earlier, or better in dealing with COVID-19 are likely to increase. Board Continue Reading
The Show Must Go On: Legal Issues Affecting Broadway Amid COVID-19
Matthew Windman writes about legal issues affecting the Broadway theater industry as a result of COVID-19 shutdowns, including insurance coverage, contract duties and defenses, union jurisdiction, the duty to provide refunds for cancelled performances, copyright infringement, health and safety Continue Reading
Court: COVID-19 Is a Natural Disaster
The Pennsylvania Supreme Court has issued an opinion that provides helpful language policyholders and their counsel will likely cite in support of arguments for insurance covering business interruption losses related to the COVID-19 pandemic. In Friends of DeVito, et al. v. Tom Wolf, Governor, et Continue Reading
How USPTO Examiner Type Affects Patents: Part 3
Patent procurement at the U.S. Patent and Trademark Office is affected by the type of examiner. We gathered data from the LexisNexis PatentAdvisor patent prosecution analytics database for each year from 2009 to 2019, for examiners in each of eight nondesign Tech Centers Continue Reading
Shaking up the Fundamental Laws of US Internet
A recent executive order threatening to end certain protections for social media platforms has received a lot of attention, but there are other internet-related developments that the general public may have missed. The movement to shake up the fundamental laws of the internet predates the current Continue Reading
Supply Chain Resiliency Post-COVID-19
The COVID-19 outbreak and its effect around the world has required businesses, nations, logisticians, and other stakeholders to develop more nimble supply chain strategies based on lessons learned throughout the pandemic. Ronald Leibman of McCarter and Melissa Ouari of Marks Paneth co-authored an Continue Reading
Attention Restaurants! Additional Financial Relief Is Coming
Congress is proposing much-needed relief for restaurants devastated by the COVID-19 pandemic. The foodservice industry employs 10% of the U.S. workforce, and forced closures of restaurants have had a ripple effect on farmers, fishermen, distributors, and truckers that rely on them. Restaurants Continue Reading
INSIGHT: Proving the Presence of COVID-19 Is a Path to Insurance Coverage
Many insurance policies expressly grant business interruption coverage, but a key to coverage is often found in extensions that require there be “actual not suspected presence of communicable disease.” Attorneys from McCarter & English LLP examine how businesses can prove their case. The Continue Reading