Open for Business vs. Exposure for Litigation

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As certain states and localities allow for certain businesses to reopen, concerns are being raised by business owners on whether opening too early (or at all) will subject them to corona virus related litigation from patrons, employees, and vendors.   Attempts to address these concerns are being addressed at the federal level, with efforts to create a statutory coronavirus-related business immunity barring such lawsuits.   Efforts for and against such legislation appear to be split along party lines.  On the one hand, companies need assurances that their attempts to jump start the economy won’t result in litigation.  On the other hand, concerns have been raised that providing businesses with immunity would eliminate the incentive to take the necessary precautions to prevent community spread of COVID-19.  This is only one of a plethora of legal issues generated by the pandemic.  We will follow this issue closely and report when events warrant.

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