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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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Contract Breaches During the Novel Coronavirus Pandemic: Potential Claims and Defenses

As the novel coronavirus (COVID-19) pandemic continues to impact companies across the nation, many are being forced to grapple with difficult questions concerning contractual performance and liability. Dealing with contractual issues is a fact of doing business. Suppliers fail to deliver on time. Clients, customers, licensees, and lessees get behind...

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Defending Employers Against Litigation Due to the Coronavirus

Dr. Nick Oberheiden Attorney-at-Law Direct: 214-469-9009 The coronavirus (COVID-19) pandemic presents several novel challenges for employers. As companies do their best to protect their employees and the public at large, they must also prepare for the prospect of litigation. As the legal landscape continues to shift in response to the...

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What Does President Trump’s Invocation of the Defense Production Act Mean for Businesses in the U.S.?

The Defense Production Act is a Federal Law that Authorizes the President to Direct Companies to Supply Needed Products in Times of Crisis On March 18, 2020, President Trump issued an Executive Order invoking the Defense Production Act of 1950 (the "Act"). Enacted in response to the Korean War, the...

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FERC Investigations: What is an Order to Show Cause?

The Federal Energy Regulatory Commission (FERC) has broad law enforcement authority under the Energy Policy Act of 2005 (EPAct 2005). If your company is being targeted by FERC, your immediate priority should be to avoid an Order to Show Cause. The Federal Energy Regulatory Commission (FERC) is the federal agency...

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What Is the Worst-Case Scenario in a DEA Pharmacy Audit?

When the DEA Audits a Pharmacy, it has One Goal in Mind: To Uncover Any Statutory or Regulatory Violations So that They Can Be Penalized Appropriately. When agents from the U.S. Drug Enforcement Administration (DEA) show up at your pharmacy and start asking questions, what is at risk? Is it...

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Medical Billing Fraud Allegations Related to Sleep Apnea Implant Therapy

It has been more than 15 years since the U.S. Food and Drug Administration (FDA) first approved implant therapy as an alternative to continuous positive air pressure (CPAP) machines for the treatment of sleep apnea. Over the past decade and a half, this implant therapy, or implantable treatment, for sleep...

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What are the Penalties for Health Care Fraud Under Federal Law?

Health care fraud is a federal offense that carries substantial civil and criminal penalties. Doctors, business owners, and others accused of health care fraud must engage experienced federal defense counsel in order to avoid practice-threatening consequences. Today, all health care providers are at risk for being targeted in federal investigations....

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Nick Oberheiden is the absolute best federal litigation attorney. Nick gives you the immediate comfort of feeling 100% protected. He is polite, respectful— and extremely compelling. His legal strategy turned out to be brilliant.

– Marshall M.

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