Corporate & Commercial

March 28, 2020

We previously discussed that in Texas, like most states, performance under a contract containing a force majeure clause may be excused by acts of god or other exigent circumstances defined by the clause. However, even if the contract does not contain a force majeure clause, all is not lost if COVID–19 related events are making it impossible or impracticable to perform contractual obligations. Texas recognizes the contractual defense of impossibility of performance when a supervening…

China Law Blog

Buying Face Masks and Other PPE from China: Not For the Faint of Heart

By Dan Harris

March 28, 2020

In the last couple of weeks I have started to only half-jokingly refer to myself as a face mask lawyer. I’ve been saying this because I’ve been spending many hours every day working with companies that want to buy face masks and other personal protective equipment (PPE) from China and with companies that think they want to buy PPE from China. Our China lawyers are getting a steady stream of calls and emails regarding face…

Rush on Business

CARES ACT and Its Relief for Your Business

By Rush Nigut

March 28, 2020

On Friday, March 27, the President signed into law the Coronavirus Aid, Relief and Economic Security (CARES) Act. The components of the Act that help businesses are a part of a multi-faceted stimulus bill to assist businesses and individuals with the economic challenged caused by the Coronavirus. An excellent overview of the Act has been prepared by the Cline Williams law firm of Omaha, NE. So I would like to express my appreciation for…

Chicago Business Litigation Lawyer Blog

Amazon Founder Jeff Bezos Sued for Defamation by His Fiancé’s Brother

By Peter S. Lubin & Patrick Austermuehle

March 28, 2020

Jeff Bezos, the founder of Amazon and currently the world’s richest man, has been sued for defamation by Michael Sanchez, the brother of Bezos’s girlfriend/fiancé. In his complaint, filed in a California state court, Sanchez alleges that Bezos has falsely spread rumors that Sanchez obtained and provided explicit text messages from and nude photos of Bezos to The National Enquirer. Sanchez claims that the allegedly defamatory comments have caused him to lose clients and…

Consumer products law blog

Mitigating advertising risks during the COVID-19 crisis

By Lauren Shoor (US)

March 27, 2020

During this time of crisis, pharmaceutical and consumer product companies along with retailers are doing their best to provide the public with products to prevent and treat COVID-19. At the same time, the FTC and FDA have announced that they will be particularly vigilant in policing unscrupulous or overzealous marketers making unsubstantiated, misleading, or false health claims about their products. In order to mitigate litigation and regulatory risk, companies manufacturing or selling healthcare products should…

Antitrust Alert

HSR Update – Early Termination Is Again An Option

By Gregory E. Heltzer, Joel R. Grosberg & Jon B. Dubrow

March 27, 2020

In a prior note we provided guidance on COVID-19’s Impact on HSR Filing Timelines. The Agencies had indicated that early termination would not be granted while FTC operated on a temporary e-filing system. Today, the Agencies have updated that guidance and as of March 30 will again grant early termination when both the FTC and DOJ have determined that no enforcement action will be taken during the initial waiting period. The granting of early…

Plane-ly Spoken

FREE WEBINAR – THE COVID-19 BAILOUT LEGISLATION AND THE AVIATION INDUSTRY: WHAT IT IS AND HOW YOU GET $$$

By Mark E. McKinnon

March 27, 2020

FREE WEBINAR – 2 PM, THURSDAY, APRIL 2 President Trump has signed a record-breaking $2 trillion stimulus and aid package to help combat the COVID-19 epidemic. As expected, there is a lot of money in the bill for aviation, including loan guarantees and payroll assistance for passenger and cargo carriers. There is also good news for other aviation related businesses. The bill extends relief to contractors and service providers of airlines, such as caterers and baggage…

Corporate & Securities Law Blog

The CARES ACT – Tax Relief

By Judith Fiorini, John Crisp, Dmitriy Chelnitsky, Keith Gercken, Claudia Hinsch, Amy Tranckino & Brian Egan

March 27, 2020

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act, or the “CARES Act” to provide nearly 2 trillion dollars in aid and relief to individuals, businesses, and other entities in the wake of the spread of COVID-19. Included in the CARES Act are tax and loan provisions intended to provide financial relief to people and businesses suffering as a result of the disease. The following summarizes certain…

Free Writings + Perspectives

Lexis Practice Advisor Practice Note – COVID-19 Ramifications for Public Companies—SEC Disclosures, SEC Filings and Shareholder Meeting Logistics: First Analysis

By Laura D. Richman & Michael L. Hermsen

March 27, 2020

This First Analysis article discusses some key ramifications of coronavirus outbreak for public companies. In addition to a host of significant general business concerns, such as those relating to liquidity and financing opportunities, revenues, supply chain and employee and community health and welfare, the novel coronavirus known as COVID-19 has raised a number of issues specific to public companies that file reports with the US Securities and Exchange Commission (SEC). These matters include the application…

Free Writings + Perspectives

Lexis Practice Advisor Practice Note – Top 10 Practice Tips: Stock Repurchase Programs

By Anna T. Pinedo & Brian Hirshberg

March 27, 2020

This practice note includes 10 practice tips that may help you, as counsel to a public company or a repurchase agent, in implementing a stock repurchase program on behalf of your client. A stock repurchase program enables a company to buy back a certain number of its outstanding securities. In recent years, the repurchase activity undertaken by U.S. public companies has significantly increased, in part as a result of the tax reforms implemented in 2018.…