Many businesses have now turned to the force majeure clauses present in their contracts—invoking the idea that the COVID-19 pandemic is an unforeseeable “act of God” that has hindered the ability of parties to perform their duties as agreed. In the May 14, 2020 edition of The Legal Intelligencer Edward T.…
On May 13, 2020 Governor Murphy issued Executive Order 142, permitting the resumption of non-essential construction, curbside pickup at non-essential retail businesses, and car gatherings for the purpose of drive-through and drive-in events. The construction and non-essential retail provisions will take effect at 6:00 a.m. on Monday, May 18th, while…
While shelter-in-place and other restrictions on business remain in effect due to the pandemic, many expect re-openings (whether gradual, on a timeline, based on industry, or otherwise) are imminent. If you have not adhered to the old adage to “learn from the past lest it repeat itself” maybe now is…
May 6, 2020, New Jersey Governor Phil Murphy issued Executive Order 138, which extends the Public Health Emergency declared on March 9, 2020 and extended on April 7, 2020. EO138 is intended to extend the public health emergency for 30 additional days to prevent its expiry as required under the…
Although originally slated for May 8, the construction industry in Pennsylvania re-opened a week early on Friday, May 1st, with guidelines imposed by the Commonwealth. All construction businesses authorized to conduct in-person operations in the Commonwealth must adhere to requirements of the guidance, as well as all applicable business and…
In New Jersey, Executive Order 128 addresses landlord and tenant issues due to COVID-19. Finding that the earlier EO106 provides some protection to tenants by staying enforcement of all judgments for possession, warrants of removal, and writs of possession while in effect (unless the court determines otherwise), EO128 suggests that…
In Delaware, Governor John C. Carney issued a Declaration of State of Emergency in connection with the ongoing coronavirus pandemic. This month, the Declaration was modified (the Tenth Modification) to address the numerous shareholder meetings to be noticed for Delaware companies. The Tenth Modification, acknowledging that physical gatherings are explicitly…
Kang Haggerty LLC, a boutique business litigation firm with offices in Philadelphia, PA and Marlton, NJ, is proud to once again congratulate Henry Donner, Of Counsel, named the Senior Statesman for Construction Lawyers—Pennsylvania—in the 2020 edition of Chambers USA. As the only senior statesman for the construction law practice in PA,…
On April 22, 2020 the First Judicial District of Pennsylvania executed a Continuation of Judicial Emergency Order, extending the terms issued March 16, 2020 and extended April 1, 2020 by Pennsylvania Supreme Court Order. Under yesterday’s order, the Judicial Emergency in Philadelphia is extended through close of business on May…
It has been about a month since the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was passed, yet the allocated funds, particularly for small business forgivable loans, were quickly exhausted. To that end, Congress drafted the Paycheck Protection Program and Health Care Enhancement (“PPPHCE”) Act, which passed in the…