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Force Majeure Clauses in a pandemic: which contracts can be breached due to COVID-19.

The outbreak of the novel coronavirus, which causes the disease COVID-19, has had significant impacts on companies and their commercial transactions resulting in disrupted supply chains, delaying supplies to companies and in some cases the performance obligations. As a result, many businesses may be wondering if they can be excused from their contractual obligations due …

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Does your business insurance cover Coronavirus (COVID-19) related losses?

Most commercial entities carry a variety of different insurance policies that may help mitigate their financial losses related to the 2019 novel coronavirus disease. In Idaho, last week’s Stay-home (Shelter-in-place) Order have forced most businesses to close their doors. Retail, restaurants, hospitality, and many white-color businesses now can only do business remotely or offer limited …

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Breaking down what businesses are “essential” in Idaho’s COVID-19 Stay-home Order

Yesterday, in an unprecedented effort to curb COVID-19 (coronavirus) ourbreaks, Idaho Governor Brad Little issued an executive “Stay-home” Order mandating residents to stay put for the next 21 days. The Order requires all residents to stay at home unless they work in an essential industry or venture out to perform an essential activity. As for …

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Five reasons why closing your law firm’s office is the appropriate COVID-19 response.

1. Employee Health comes first.A law firm’s treatment of their employees speaks volumes to their core values. White collar employees all over the country are paying extra close attention to how the management treats them. With the COVID-19 news inescapable, employees are hypersensitive to their response. Law firms should show their employees that their health …

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Best practice policies for employers when addressing COVID-19 (Coronavirus)

The Do’s and Dont’s of Coronavirus – Helping to keep your employees and business healthy in a time of uncertainty. March 19, 2020 UPDATE: Governor Brad Little adopted White House guidelines yesterday and recommended all Idahoans work from home if possible (Source: https://www.idahoednews.org/news/little-urges-idahoans-to-avoid-groups-of-10-or-more-and-to-work-from-home/). Governor Little also recommended Idahoans avoid groups larger than 10 people, and avoid …

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How to prevent a FLSA suit against your company

Let’s talk about the Fair Labor Standards Act (FLSA), and how simple oversights can cause you major legal headaches.  As a background, the FLSA was passed by Congress in 1938 to protect “all covered employees from substandard wages and oppressive working hours.” Barrentine v. Arkansas Best Freight Sys., Inc., 450 U.S. 728, 789 (1981); see also …

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Decentralized Cryptocurrencies Typically Fail The Howey Test

In the past few months, federal courts have shown more of their cards on how they will apply The Howey Test when determining what cryptocurrencies will be considered securities. Civil suits have worked their way through federal courts to an extent where a few decisions now serve as guidance on when a cryptocurrency may qualify …

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