On July 1, 2020, Michigan Circuit Court Judge Joyce Draganchuk issued what it appears to be to be the first U.S. court decision in an insured’s first party property lawsuit against an insurance carrier seeking business interruption coverage as a result of a governor’s shelter-in-place order. See Gavrilides Management Company v. Michigan Insurance Company. The insurer filed a motion for summary disposition asking the Michigan Court to rule as a matter of law that its policy did not provide coverage for business interruption losses caused by COVID-19 shelter-in-place order. Judge Draganchuk agreed with the insurer. The hearing on the motion is posted on You Tube. Michigan ... Continue Reading
COVERAGE ISSUES RELATED TO REMOTE ACCESS BREACHES- Part Three: What Damages Are Not Covered?
This article is the third of several articles addressing the various cyber insurance coverage issues that might arise in connection with a claim relating to data/security breaches. The focus of this article explores the types of damages that are not covered under the typical cyber insurance policy when there is a covered data/security breach. As highlighted in our previous articles, cyber insurance policies address both first-party and third-party claims that arise as a result of covered cyber events such as a data/security breach. First-party coverage addresses losses incurred directly by the insured, such as a business interruption loss, while third-party coverage addresses liability ... Continue Reading
DEF Highlighted in “Silver Linings: Managers See Upsides During the Pandemic”
DEF was featured in an article by SHRM, "Silver Linings: Managers See Upsides During the Pandemic," highlighting how our firm has focused on efficiency, collaboration and automation during the pandemic. Managing Partner Joe Chancey explained that as the spread of COVID-19 escalated and working remotely suddenly became necessary, the firm's Emergency Response Team worked quickly to update our business processes. "Since the law firm's employees were physically disconnected during the pandemic, the company's emergency response team had to find ways to help managers and staff communicate efficiently, stay coordinated and connected and eliminate the need to lay hands on paper in any aspect of ... Continue Reading
Georgia Supreme Court to Reinstate Filing Deadlines
On May 21, the Georgia Supreme Court will begin issuing orders to reinstate filing deadlines that were previously tolled by Chief Justice Melton’s March 14th Order. If you have a case in front of the Georgia Supreme Court, you will want to read the notice and the forthcoming orders very carefully to ensure compliance. If you have questions or need guidance on your appeal, please contact Elissa Haynes (link to email with GA Supreme Court Deadlines as the subject). ... Continue Reading
SBA and the Department of Treasury Issue New Guidance Regarding Eligibility for Loans Under the Paycheck Protection Program
On April 29, 2020, the SBA and the Department of Treasury (DOT) published the additional guidance regarding the certification of “necessity” a company makes on its application for a loan under the Paycheck Protection Program (PPP) of the Cares Act. On its application, borrowers must certify in good faith that: “Current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.”[1] After Congress passed the Paycheck Protection Program and Health Care Enhancement Act, which, among other things, increased PPP funding by $310 billion, and following public backlash in response to certain public companies receiving large PPP loans, the SBA and ... Continue Reading
DON’T TELECOMMUTE WITHOUT A NET: COVID-19 and the importance of a Telecommuting Policy
Even before the COVID-19 crisis, businesses were warming up to the benefits of remote working, or “telecommuting.” Allowing employees to telecommute can benefit the employer and the employee alike. Some of the benefits include: Lower rent and other overhead and operational costs.Broaden the geographic scope of hiring.Better work/life balance.Reduce commuting time and expense.Increase employee loyalty and morale. Many states offer incentives for employers to allow remote working. For example, Georgia employers can claim a state income tax credit of up to $1,200 per employee for eligible telework expenses, including costs for computers, computer related hardware and software, modems, ... Continue Reading
DEF Attorneys Hosting Webinar with Qualified Staffing Regarding Coronavirus and the New Workplace
Attorneys Dan Kniffen, Megan Noble, Meredith Guerrero, and Neil Brunetz are hosting a live webinar with Qualified Staffing regarding Coronavirus and the New Workplace on April 16, 2020 from 2:00-3:00pm EDT. Topics will include: Illness & Prevention in the WorkplaceHiring and Return to Work Issues During COVID-19Paid Sick Leave under FFCRA/FMLA BenefitsWage & Hour Issues—especially in a work-from-home environmentPredictions on how the workplace will look as we come out of the pandemic Register for the webinar here. ... Continue Reading
Shell Talk 080: How To Get Through Crises Legally, Financially, and Emotionally
In the first of a series of online Shell Talks, Juliana Neelbauer will be discussing her experiences managing her business through a recession and beyond. Juliana Neelbauer is a shell alumni, and currently a senior associate attorney at Drew Eckl & Farnham. She has over 10 years of experience in industry and experience with working on startups. Join this call by clicking the link below on April 13th, at 7pm EST. Join Zoom Call ... Continue Reading
DOL Issues Final Regulations
Since the April 1, 2020 enactment of the Families First Coronavirus Response Act (“FFCRA”), employers have been awaiting guidance from the U.S. Department of Labor’s Wage and Hour Division. On April 6, 2020, the DOL issued final regulations implementing the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLA”), which provide paid leave for qualifying reasons having to do with the COVID-19 pandemic. Highlights of the new DOL guidance include: Small Business Exemption In the new regulations, the DOL has set forth specific criterial for determining when an employer with fewer than 50 employees can deny an employee paid sick leave under ... Continue Reading
Partner Barbara Marschalk Assists in Creating a Platform for Plaintiff and Defense Lawyers to Provide Meals for Health Care Workers During COVID-19
Partner Barbara Marschalk, along with an attorney from Steward Trial Lawyers and the Butler Law Firm, have developed The People vs. Coivd19, a website centered around uniting defense and plaintiffs attorneys, to gather donations from the legal community to provide meals for healthcare workers and support local businesses. The People vs. Covid19 is linked to a GoFundMe page where website visitors can make donations. Once a donation has been made, their name will be included in the list of donors scrolling at the bottom of the page. The platform has proven to be successful, as it has reached $12,000 in donations as of Wednesday, April 8th. The use of #thePeoplevsCovid19 has been encouraged to ... Continue Reading