Publications

Impact of COVID-19 on Supply Chain Contracts and Responding to Force Majeure Claims

By: Alexander T. Kay and Joseph E. Tierney IV Has COVID-19, the coronavirus, caused supply chain problems for your business?  Review your contracts for a “force majeure” clause.  A force majeure clause is a common provision in contracts.  It is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable,...

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DHS and DPI Issued Guidance for School Districts Preparing for the Coronavirus

DHS and DPI Issued Guidance for School Districts Preparing for the Coronavirus

By: Abby S. Busler Note: Perspectives shared are limited to the factors present as of the date of the article and thus may no longer be relevant due to the fluid nature of the pandemic’s impact.  Please check with your Davis|Kuelthau attorney or the author for the most current perspectives.  It is important to regularly consult with federal,...

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CMS Suspends Nursing Home Inspections, Offers Guidance in Wake of Coronavirus

By: Alec Dobson The Centers for Medicare & Medicaid Services (CMS) is suspending non-emergency inspections of nursing homes so inspectors can focus on the spread of the coronavirus (COVID-19).  CMS also announced guidance for controlling COVID-19 in nursing homes. CMS announced March 4 that, effective immediately, it will conduct only the...

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U.S. Launches Crackdown on Substandard Nursing Home Care

U.S. Launches Crackdown on Substandard Nursing Home Care

By: Alec Dobson The U.S. Department of Justice began an initiative this week to pursue and “bring to justice” nursing homes that provide “grossly substandard care.”  The initiative is not meant to accuse the long-term care industry in general, Attorney General William Barr said. Barr announced on March 3 that the DOJ’s National Nursing Home...

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Property Owners: Before You White-Wash Graffiti, You Might Want to Reconsider

Property Owners: Before You White-Wash Graffiti, You Might Want to Reconsider

By: Joseph S. Heino and Ryan M. Spott In what could be considered an unusual extension of protections given to works of artistic expression, the Second Circuit Court of Appeals has issued an opinion affirming the value of certain street art – also known as graffiti.  Castillo v. G&M Realty L.P., No. 18-498-CV, 2020 WL 826392 (2d Cir. Feb. 20,...

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Remote Online Notarization Becomes Law

Remote Online Notarization Becomes Law

By: Joseph E. Tierney IV and Lawrence J. Glusman Governor Evers signed AB 293 today which permits parties in Wisconsin to allow the performance of notarial acts via audio-visual technology[1] for remotely located individuals.  In other words, a notary public in Wisconsin does not need to be in the same room as the person for whom they are...

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CBD in the Workplace

CBD in the Workplace

By: Abby S. Busler Cannabidiol (CBD) is the newest buzzword flying around the workplace.  Employees are discussing CBD products and are potentially already using these products at home and in the workplace.  The topic of CBD often becomes confused with marijuana.  This article defines CBD, outlines the current regulation of CBD, and provides...

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NLRB Decisions Hiding in Plain Sight

NLRB Decisions Hiding in Plain Sight

By: Abby S. Busler and James M. Kalny As the dust settles from the many events over the past few months, the Department of Labor (DOL) and the National Labor Relations Board (NLRB) have been working overtime to enact several new regulations and implement decisions which modify a number of key Obama-era regulations and prior NLRB decisions.  As...

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