The economic fallout from the COVID-19 pandemic and the sudden and worldwide shuttering of large and small businesses may be felt for a long time. One of the resulting issues is the applicability of a force majeure clause, or common law impossibility, frustration of purpose or commercial impracticability excuses for contract performance and obligations. Force … Continue reading Contract Excuses and the COVID-19 Pandemic
Trusts It is not uncommon for trustees of trusts to encounter beneficiaries that pressure them into retaining a particular asset or investment even though the retention thereof might pose an unreasonable risk with respect to the performance of the overall portfolio and subject the trustee to potential liability to the beneficiaries for breach of the … Continue reading Release of Trustee from Liability for Retaining an Investment
On March 18, 2020, the federal Families First Coronavirus Response Act of 2020 (Families First Act) [Pub. L. No. 116-127] was signed into law. The measure is the second in a series of recent legislative attempts to ameliorate the adverse health and economic effects of the novel coronavirus COVID-19 in the United States. The Act … Continue reading RECENT LEGISLATION PROVIDES CORONAVIRUS RELIEF FOR THE AMERICAN WORKFORCE
Title I of the Americans with Disabilities Act (“ADA”), 42 U,S.C. §§ 12111-12117, makes it unlawful for an employer to “require a medical examination” or to “make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination … Continue reading When Can an Employer Require an Employee to Undergo a Medical Exam Under the ADA?