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Part Two: To Pay, or Not to Pay (Rent) – California Landlord-Tenant Regulations During COVID-19

May 15, 2020 | Blog | By Antony Nash, Gabriel Schnitzler, Alyssa B. Roy, Edward Fallas, Michael J. Godwin

COVID-19 has flipped the landlord-tenant relationship on its head. Prior to the COVID-19 pandemic, the relationship between landlords and tenants—and the payment of rent—was governed by the terms of the lease.
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As parties to merger or acquisition agreements carefully review their agreements to see what, if any, impacts the COVID-19 pandemic may have, the recent decision from the U.S. District Court for the Southern District of New York in Newmont Mining Corp. v. AngloGold Ashanti Ltd. provides meaningful guidance for the interpretation of Material Adverse Effect (“MAE”) provisions in agreements governed by New York law.
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Price Gouging Laws — What Clients Need to Know

April 29, 2020 | Alert | By Jason P.W. Halperin, Jeffrey Moerdler, Scott Rader, Anthony J. Viola, David H. Drew

Read about how price gouging statutes and enforcement, by NY state and city, Mass., and the federal government, may affect businesses during the COVID-19 pandemic.
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"Fuss" Majeure: Lessons from the Early Outbreak of Covid v. Contract Cases

April 24, 2020 | Blog | By Peter Biagetti, Clare Prober, Aaron Fenton

As America enters its second month of social distancing and travel restrictions, COVID-19-related lawsuits have begun to spread, with parties variously portraying the pandemic to suit their respective positions, dissecting the often clumsy prose of Force Majeure clauses or, absent such provisions, dusting off common-law doctrines of impossibility, impracticability, and frustration of purpose to excuse contractual performance.
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This alert reviews executive orders by New York Governor Cuomo and administrative orders by the New York State courts that have stayed residential and commercial evictions and foreclosures in New York.
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What the COVID-19 Pandemic Means for Force Majeure Provisions

March 13, 2020 | Alert | By Samuel M. Tony Starr, Alyssa B. Roy, Kaitlyn C. Leonard, Clare Prober

Read about what the World Health Organization’s declaration that COVID-19 is a pandemic means for force majeure provisions in contracts.
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What You Need to Know about Force Majeure in Light of the Coronavirus

March 10, 2020 | Alert | By Samuel M. Tony Starr, Kaitlyn C. Leonard, Clare Prober

With the outbreak of coronavirus disease 2019 (“COVID-19”), the disease caused by the novel coronavirus (“SARS-CoV-2”), companies across various industries are taking precautions, some of which already have, and inevitably will result in nonperformance of their contracts.
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Private Equity Opportunity in Litigation Financing

April 18, 2018 | Alert | By Scott Ford, Kurt Steinkrauss

Litigation financing has quickly grown from a fledging concept into a robust industry. The concept is simple: in exchange for a share of any proceeds, a financing firm agrees to pay all or a portion of the plaintiff’s legal fees.
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Issuers Face Changing Litigation Landscape, Challenges Due to Supreme Court Ruling

March 22, 2018 | Alert | By Adam Sisitsky, John Sylvia

In a boon for public company shareholder plaintiffs this week, the U.S. Supreme Court upheld state courts’ concurrent jurisdiction over securities class actions alleging violations of certain federal securities laws.
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Today, the Massachusetts Supreme Judicial Court made an important ruling concerning innovator liability with respect to pharmaceuticals. Though precluding negligence and traditional product liability claims against brand-name manufacturers, Chief Justice Gants held that claims alleging intentional, reckless conduct are permitted.
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