Legal Blogs

Category: COVID-19

Civil Jury Trial Protocols – Orange County Superior Court

Orange County Superior Court opened for in-person Civil jury trails September 1, 2020. The Court has adopted the following safety protocols. Answering ready for trial Trial calls are remotely conducted Cases will answer ready for trial pursuant to the Process to Commence Civil Jury Trial published on August 20, 2020 There are limited number of […]

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Force Majeure and COVID-19

The COVID-19 pandemic is bringing new relevance to an old contractual principal, “Force Majeure.” This clause discharges certain contractual obligations upon the occurrence of a force majeure event.  What obligations are discharged and under what circumstances depend on the language of the specific force majeure clause. These clauses are often included in contracts but historically […]

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Corporate Oversight In the COVID-19 Era

This article discusses and explains the issues of Corporate Oversight In the COVID-19 Era. The duties of a corporation’s board of directors are even more important during the COVID-19 era. The uncertainty in today’s business climate requires corporations to act with more diligence in determining what actions the company needs to take, and a wrong […]

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7 Key Points of the Force Majeure Legal Doctrine

“Force Majeure” or “superior strength” clauses are often included in contracts as a way to excuse a party’s performance in the event that an act of god or other occurrence makes performance impossible. While historically these clauses have had little application, the Covid-19 pandemic is giving them new relevance. Given force majeure’s resurgence in today’s […]

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Duties of Directors During COVID-19

Boards of directors managing businesses are facing a very large challenge in today’s business climate. COVID-19 has created extreme hardships for businesses ranging from drops in the supply and demand of products to government mandated closure of businesses. Directors need to be very careful in determining what actions to take with regard to their companies […]

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Corporate Distributions and Dividends During the COVID-19 Pandemic

COVID-19 is having a once in a generation impact on businesses and their operations. During this dynamic and uncertain time, corporate businesses may be reluctant to make profit distributions to shareholders, mindful of the potential economic hardships ahead. At the same time, shareholders may be relying on the continuance of regular corporate distributions. When can […]

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Protecting Trade Secrets During COVID-19

The economic climate caused by COVID-19 may be putting your trade secrets at risk. Business closures and mass layoffs increase the risk that someone will steal your trade secrets. That is why it is crucial for businesses to take measures to protective measures now. What is a Trade Secret? A trade secret is information that […]

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Price Gouging Under California “Unfair Competition Law” During COVID-19

We have previously talked about California’s “Unfair Competition Law” (UCL).  During COVID-19, there have been many instances of price gouging where people jack up the price of many essential items.  This is unlawful.  So, does the California UCL cover price gouging?  The answer is yes. First, we look at California Penal Code Section 396(b) provides it is […]

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Commercial Business Insurance Coverage and COVID-19

California businesses, small and large, are navigating the ups and downs of financial insecurity during COVID-19 (coronavirus) while federal and state subsidy and loan disbursements are still in process. Review your commercial insurance policies and the types of claims your business can make. Commercial Business Insurance Commercial business insurance policies may cover financial shortfalls associated […]

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ANTICIPATORY BREACH OF CONTRACT DURING THE COVID-19 PANDEMIC

COVID-19 is having a once in a generation impact on businesses and their operations. During this dynamic and uncertain time, business owners may be faced with no choice but to breach a contractual obligation, or be on the other side of a broken contract. An anticipatory breach of contract is a breach based on the words […]

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