Dear Valued Client:
During these unprecedented times, M. Ross & Associates, LLC, is committed to the health and safety of our staff and our clients. Our thoughts and prayers go out to those affected by this and we are determined to do our part in stopping the spread of the COVOID-19 Virus. In office, we are restricting third-party visitors, requesting all mail be left at the door, scheduling more frequent teleconferences, implementing social distancing and sanitizing the office multiple times a day.
We want you to know that we are currently open and will continue our legal operations in a safe, secure and professional manner. In the event that it becomes necessary to close the office, our entire staff is fully equipped and prepared to handle all work remotely and we will execute that work with the very same professional diligence.
We kindly ask that you reach out to us should you have any questions regarding your matter and/or any upcoming scheduled court appearances, etc. We will continue to update you with any new information as it becomes available to us.
From all of us at M. Ross & Associates, LLC, we wish you, your staff and your loved ones continued good health.
COVID-19 Update:
For the health and safety of our clients, M. Ross & Associates, LLC will be conducting all upcoming meetings and consultations virtually. We can simply email you our virtual conference link; sweats permitted (we don’t judge).
BUSINESS IMPACTS OF COVID-19
COVID-19 has rapidly impacted the health of our global community and is changing the landscape of how all of us conduct business. Mandatory government responses to help prevent the spread of COVID-19 are necessary and being implemented to prevent more infections. But what will indefinite closures and shutdowns mean for business operations? What happens to the ongoing contractual commitments that most businesses have?
Many of you may be asking other questions such as:
- If I am shut down, how can my business perform its obligations?
- Will my business be able to pay for its contractual commitments?
- What are my obligations, pursuant to my lease and the continued payment of rent, if I am prohibited from operating on the premises?
- If COVID-19 frustrates my performance obligations, does this excuse?
These COVID-19 contract review issues are analyzed under a legal concept known as a force majeure event, typically defined as:
- An unforeseeable event or circumstance; and
- Beyond the control of and without the fault or negligence of the non-performing party.
A party seeking to invoke force majeure protection and excuse its contractual performance should carefully examine the contract and/or lease. Some courts construe force majeure provisions narrowly and may require the clause to explicitly list the type of force majeure event. Some force majeure provisions may have exclusions that specifically address pandemics and epidemics. Force Majeure should not be confused with what contracts typically define as Acts of God which include wars, riots, hurricanes, floods, epidemics, and natural disasters. It’s possible that your contract and/or lease may have an Act of God clause sufficient to invoke force majeure protection, but in some states, the definition in the clause needs to be more expansive.
The coronavirus business attorneys in New York and New Jersey at M. Ross & Associates, LLC can help determine whether you are protected under the terms of your contract and/or lease and assist you in navigating these complex coronavirus employment law matter. We are well versed in analyzing these provisions and are here to assist your business in mitigating damage and risk. If you need coronavirus legal help, reach out to the attorneys of M. Ross & Associates, LLC for support.