Articles

Force Majeure? How Construction Contracts Deal with Coronavirus (COVID-19)

On Wednesday March 11, Arizona beat Washington in the first round of the Pac-12 Men’s Basketball Tournament and all seemed right in the world.  Within 24 hours, everything changed.  Not only has every sports league suspended operations to help slow the spread of Coronavirus (COVID-19), but this unanticipated global pandemic has disrupted every aspect of […]

LABOR DEPARTMENT GUIDANCE ON FAMILIES FIRST CORONAVIRUS RESPONSE ACT Effective April 1, 2020

The Department of Labor (“DOL”) issued preliminary guidance to employers on the recently passed Families First Coronavirus Response Act (“FFCRA”). The FFCRA brings emergency paid sick leave (“EPSL”) and expanded Family and Medical Leave Act leave (“EFMLA”) to employees for circumstances related to the COVID-19 pandemic. For background on the FFCRA view Paid Sick Leave […]

IN TIMES OF FORCE MAJEURE

COMMUNICATE – COOPERATE – BE HONEST ABOUT WHAT YOU KNOW – COMPLY WITH CDC GUIDELINES The conflict between contract expectations that “contracts must be honored” but “provided conditions unchanged” collide in “Force Majeure.”  The general rule is that delay in performance caused by an epidemic or pandemic is an excusable but non-compensable delay, extending time […]

PROVING EMPLOYER LIABILITY IS NOT ALWAYS NECESSARY TO IMPLICATE COVERAGE UNDER EMPLOYER AUTO INSURANCE POLICIES

Good plaintiff contingency cases require: (1) established liability; (2) adequate damages; and (3) a source from which to fully recover those damages. In auto accident cases, often liability is clear, and the injuries suffered (or death) create significant damages. But if the negligent driver has minimal auto insurance coverage, in most cases the recovery is […]

Estate Planning: The Danse Macabre with Covid-19

It is without a doubt that sickness slows down the events in each person’s life, sometimes leading to death. And during the time of the “Black Plague”, the Danse Macbre showed how death was personified summoning persons from all social classes to dance along to the grave for the unfortunate few as a memento mori […]

GOVERNOR DUCEY LIMITS EVICTIONS FROM RENTAL PROPERTY

On March 24, 2020, the Governor issued an Executive Order effective at least until July 23, 2020 preventing law enforcement officers and constables from enforcing eviction orders on residential property unless there is a showing to the Court that in the interest of justice, or there is a material breach of the rental agreement (ARS […]

Governor Ducey Prohibits Local Governments from Shutting Down “Essential Services”

With concerns about the novel Coronavirus Disease 2019 (COVID-19) mounting, many local governments have taken action to prevent the spread of the virus, including disaster measures directing the temporary closure of certain businesses that pose a high risk of community spread. On Monday March 23, 2020, Governor Doug Ducey issued Executive Order 2020-12, ordering that […]

Arizona Unemployment Insurance Expanded in light of COVID-19

By Executive Order, Arizona expanded eligibility for unemployment benefits to individuals whose employment is affected by COVID-19 and forbid the adjustment of employers’ contribution rates based on benefits paid under the Executive Order.  The Executive Order waives certain requirements for terminated employees: Individuals need not wait a week after they lose their job to apply […]

Paid Sick Leave in the Age of Coronavirus

The Families First Coronavirus Response Act (the “Act”) became law on Wednesday, March 18, 2020. In addition to mandating free testing for COVID-19, appropriating money to shore-up programs providing food to low income Americans and appropriating money to stabilize the state unemployment compensation funds and federal agencies affected by the Act, Congress mandated Emergency Paid […]

Plant a Tree for the Next Generation

Charitable giving most often comes from a spirit of altruism, and a person’s desire to do something for the common good. If you think about the causes you care about most, then have you ever considered further the positive effect your giving has on your own life?  The question that must always be asked when […]