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Domestic Military Intervention During the Novel Coronavirus Pandemic: Understanding the Implications of the Posse Comitatus Act

As the impact of the novel coronavirus pandemic on the United States deepens, questions are arising as to whether and to what extent the federal government can call upon the military to assist with the country's response and maintain order. On March 26, the total number of confirmed novel coronavirus...

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How the COVID-19 Crisis has Transformed into a National Security Matter

The novel coronavirus (COVID-19) pandemic presents unprecedented challenges for governments and businesses around the world. In the U.S., the pandemic has shed light on some fundamental national security concerns in the public and private sectors. In the wake of the 9/11 terror attacks, protecting the nation's security meant one thing:...

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What is Nationalization and How is It Relevant to the Novel Coronavirus Pandemic?

As the federal government weighs its options for responding to the novel coronavirus pandemic, questions regarding nationalization have come up in various contexts. So, what is nationalization, and what would it mean during (and after) the novel coronavirus pandemic? The novel coronavirus pandemic has impacted life in America in ways...

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Price Gouging Defense Update: State and Federal Authorities are Aggressively Targeting Price Gougers During the Novel Coronavirus (COVID-19) Pandemic

The U.S. Department of Justice (DOJ) and Attorney General's Offices around the country have announced that they will be aggressively targeting companies that attempt to price gouge health care providers and consumers during the COVID-19 outbreak. The novel coronavirus (COVID-19) pandemic continues to have unprecedented effects on our nation's economy;...

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Federalization of the Federal Guard: The Implications of the National Defense Act During the Novel Coronavirus (COVID-19) Pandemic

Under the National Defense Act and its amendments, the President has the authority to federalize the National Guard in times of crisis. The National Defense Act, ratified by Congress in May of 1916, allows for the federalization of state National Guards in the event of a national emergency. It was...

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The Novel Coronavirus (COVID-19) Pandemic and Force Majeure: When Is Contract Performance Excused?

Is your company excused from meeting its contractual obligations during the novel coronavirus pandemic? Learn about some key considerations for invoking force majeure. As countries around the world attempt to deal with the novel coronavirus outbreak and stabilize their economies, many businesses are being forced to ask whether performance under...

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Can Companies Rely on Force Majeure During the Novel Coronavirus (COVID-19) Pandemic?

For companies that are unable to meet their contractual performance obligations due to the government restrictions imposed during the COVID-19 outbreak, force majeure clauses may provide a source of relief. On March 13, 2020 President Trump declared the novel coronavirus (COVID-19) outbreak a national emergency. Since then, Americans across the...

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COVID-19 and Force Majeure Clauses: Are Your Contracts Enforceable During a Pandemic?

What do you need to know if your company or one of its counterparties is unable to meet its contractual obligations due to the novel coronavirus pandemic? Recently, many of our healthcare and corporate clients have come to us with the same question: How do the events surrounding the novel...

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Nick Oberheiden on Newsmax

Nick Oberheiden on Newsmax from Annie Scranton on Vimeo.

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Coronavirus Pandemic and the Aviation Industry

In an interview with Cheddar Inc., Nick Oberheiden, federal attorney and founder of Oberheiden P.C., discusses just how dire the Coronavirus pandemic is for the U.S. aviation industry, and what the worst of it could look like for airlines.

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