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Continuing Early Trends in Commercial Litigation Relating to the Coronavirus Pandemic

Client memorandum | April 13, 2020

We published our first alert concerning commercial litigation matters relating to the Coronavirus on March 25. At that time, businesses were just beginning to grapple with the innumerable challenges they faced relating to the Coronavirus, and litigation took a back seat to more existential matters, such as whether and how to remain open. Now, more than a month into the current U.S. crisis, we are seeing a significant upturn in litigation relating to the Coronavirus. Over the past three weeks since our first alert we have seen lawsuits filed relating to “Material Adverse Change” clauses, force majeure clauses, privacy issues arising out of the now-omnipresent use of video-conferencing technology, challenges to state and municipal “Stay at Home” orders, and the implementation of the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”).

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