Deferral agreements, or workout agreements, are a favorable option for franchisors seeking to restructure and manage the obligations of a struggling franchisee before more draconian measures, such as termination of a franchise agreement and litigation. These agreements allow parties to agree to restructured conditions under a franchise agreement and/or postpone certain events before further action
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What to do When Your Franchisee Files for Bankruptcy
With the economic downturn caused by COVID-19, many expected a tidal wave of commercial bankruptcy filings. After an initial spike of retail bankruptcy cases at the outset of the pandemic, the onslaught of bankruptcy has not yet materialized. Whether due to PPP loans, other available credit, modification and forbearance agreements, or government moratoriums on foreclosure
Most Vaccine Injuries Are Covered by the VICP – Except for the COVID Shots That We All Just Received
The Way Most Vaccine Injuries Are Handled.
Not long after widespread use of vaccines in the United States, drug makers began to be subject to increasingly successful and costly vaccine injury lawsuits. This engendered a growing concern that vital vaccine production and supply could be impaired. As a result, in 1986 Congress passed the National
The ETS, the Supreme Court Ruling, and the Vax-or-Test Rollercoaster: What Should Your Business Do Now?
The vax-or-test legal rollercoaster ride continues, leaving human resource managers’ heads spinning, lawyers prognosticating, and employers simply wondering what comes next.
On January 13, 2022, the United States Supreme Court, in a 6-3 majority decision, dealt a substantial blow to the future implementation of the Occupational Safety and Health Administration’s (OSHA’s) Emergency Temporary Standard
New Legislation Permanently Allows Community Association Members to Participate in Member Meetings Via Remote Communication
The New Jersey Nonprofit Corporation Act (N.J.S.A. 15A:5-1, et seq.) (the “Act”) was amended on Monday, January 22, 2022, to permanently allow remote community association member meetings (using Zoom, Teams, or other remote communication technologies). Previously, the Act permitted remote meetings of members-only when New Jersey was in a declared state of emergency, such as
Employers, the Coronavirus, and the Reinstatement of the OSHA ETS: What Now?
On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued its Emergency Temporary Standard (ETS), requiring private employers having at least 100 employees companywide (at any given time) to adopt written policies and procedures either mandating vaccination against COVID-19 or requiring employees to choose between vaccination or undergo weekly testing while wearing a
COVID-19 Immunity Law for Community Associations Expires January 1, 2022
As we reported in our previous blog, on July 1, 2021 Governor Murphy signed a COVID-19 liability protection bill and, by doing so, gave community associations some immunity from certain legal claims arising from COVID-19. The law provided that a community association “shall be immune from civil liability for damages arising from, or related
Vaccine Rules for Employers with over 100 Employees: Here Are the Details
The Occupational Safety and Health Administration (“OSHA”) covers employers with 100 or more employees. OSHA announced a rule that companies who have 100 or more employees must ensure that their workforce is fully vaccinated against COVID-19 on or before January 4, 2022, or they must test negative for COVID-19 at least once a week.
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The Road Ahead – Four (4) “Mile Markers” to Watch in the Year Ahead
The road for the last year and a half has been bumpy, to say the least. The Pandemic, the election, and the supply chain have been challenging. Yet, despite these challenges, the shopping center industry continues to grow. Demand for retail space is surging back to pre-Pandemic levels. Tenants have generally stayed current with rents,
As Travel Resumes, the FMCSA Urges Drivers to Stay Safe
As the country begins to recover from the COVID-19 pandemic, many Americans are eager to return to regular travel—but an increase in traffic also means increased danger on U.S. roads.
The Federal Motor Carrier Safety Administration (FMCSA) is urging motorists to stay alert and drive safely as traffic begins to spike to pre-pandemic levels. Here