Monthly Archives: July 2020

New Jersey Governor Extends Public Health Emergency Until Early August 2020

On July 2, 2020, New Jersey Governor Phil Murphy signed Executive Order 162 (“EO 162”) extending the state’s Public Health Emergency by thirty days, i.e., until approximately August 2, 2020. Pursuant to EO 162, all Executive Orders and actions taken by any Executive Branch departments and agencies (including Administrative Orders) that were adopted in whole or in part based on the current Public Health Emergency will remain in full force and effect. A declared public health emergency gives Gov. Murphy and state department leaders expanded authority to respond to a crisis such as COVID-19.

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New Jersey: Rules for Re-Opening Indoor Retail, Recreational and Entertainment Businesses and Individual Instruction at Gyms

On June 26, 2020, New Governor Phil Murphy issued Executive Order 157 (“EO 157”), which details rules for the reopening of indoor retail, recreational and entertainment businesses (including casinos) and individual instruction at gyms.  Initially, EO 157 also permitted indoor dining (with restrictions) to begin on July 2, 2020,  but Gov. Murphy reversed that decision three days later via Executive Order 158 (“EO 158”) and has said that indoor dining in New Jersey will continue to be prohibited indefinitely.  Gov. Murphy based this reversal on the “spikes in COVID-19 cases” in other states that have allowed indoor dining and the need to remove masks indoors for extended periods while eating and drinking.

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ILN Today Post

Congratulations to Our Eleven Attorneys Named to Mountain States Super Lawyers and Rising Stars 2020

ROYAL OAK, Mich., July 7, 2020 – Howard & Howard is pleased to announce that eleven of our attorneys have been named to Mountain States Super Lawyers® and Mountain States Rising Stars 2020. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The result is a credible, comprehensive, and diverse listing of exceptional attorneys. Mountain States Super Lawyers covers the states of Nevada, Utah, Montana, Idaho, and Wyoming. Only five percent of the attorneys in each state were named to the Super Lawyers list and two- and one-half percent to Rising Stars.

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Law Firms: Change as a Challenge, or an Opportunity?

Four years ago, we joined with HighQ in looking at the question, “What do you believe lawyers and law firms need to do to prepare for the future of legal services?”

Considering how much has happened even in the past six months, and looking at the way the legal industry adapted to being fully remote in many countries in 1-2 weeks, I thought it would be an interesting exercise to look back at what some of the leading experts in the industry had to say in 2016, and put that into today’s context.

In reading what many of us thought in 2016, the overriding sense is less that firms have been preparing for change and more that COVID has forced firms to have to be innovative and creative because they have no other choice. The old adage that when something is painful enough, THEN we will make changes, is just as true for law firms as it is for each of us.

But is change a challenge…or an opportunity?

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Connecticut’s Plan to Reopen Businesses – Rules for Phase 2 Businesses

On June 7, 2020, Governor Lamont issued Sector Rules that Connecticut businesses must follow in order to open during Phase 2 of the state’s reopening plan.

Phase 2 (which began on June 17, 2020) includes the following sectors:

  • Amusement parks
  • Hotels/lodging
  • Restaurants (indoor)
  • Museums, zoos and aquariums
  • Indoor recreation (e.g. bowling, movie theaters etc.)
  • Libraries
  • Outdoor events
  • Personal services (e.g. nail salons, tattoo parlors, etc.)
  • Sports and fitness facilities (e.g. gyms, fitness centers, pools, etc.)
  • Film, television and digital media production
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July 2020 Immigration Alert

Trump Administration Amends Presidential Proclamation That Temporarily Suspends New H-1B, H2B, J-1, and L-1 Visa and Travel from Abroad

On June 29, 2020, the Trump administration issued an amendment to Section 3(a)(ii) of Proclamation 10052 (“Proclamation”) to suspend and limit foreign nationals attempting to enter the United States in H-1B/H-2B/H-4, L-1/L-2, or J-1/J-2 employment-based nonimmigrant visa categories.

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SNC-Lavalin inc. c. Deguise: Explanatory Comments

On April 6, the Court of Appeal of Quebec released its decision in SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Deguise, 2020 QCCA 495.

Considering the importance of this decision for both the construction and insurance industries, RSS offers a series of infoletters discussing the main issues at stake.

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SNC-Lavalin inc. c. Deguise: Can a Retroactive Date Be Included by an Excess Insurer in a Follow Form System?

By Mariella De Stefano, from our Insurance Law Practice Group

On April 6, the Court of Appeal of Québec rendered its decision in SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Deguise, 2020 QCCA 495.

Considering the importance of this decision for both the construction and insurance industries, RSS offers a series of newsletters discussing the main issues at stake. This is one segment of the complete series found here.

July 7, 2020 — This case is referred to as the “Pyrrhotite matter”, as this is one of the components found in the concrete utilized for the construction of certain buildings in the Trois-Rivières area. The pyrrhotite caused chemical reactions that triggered a structural weakness in the concrete used in the foundations of the buildings, giving rise to numerous litigations involving the participants to the construction as well as certain insurers.

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SNC-Lavalin inc. c. Deguise: The Rights of the Injured Third Party at the Centre of the Decision

By Stéphanie Beauchamp, from our Insurance Law Practice Group

On April 6, the Court of Appeal of Québec rendered its decision in SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Deguise, 2020 QCCA 495.

Considering the importance of this decision for both the construction and insurance industries, RSS offers a series of newsletters discussing the main issues at stake. This is one segment of the complete series found here.

July 7, 2020 — Among the actors involved in this legal saga, is SNC-Lavalin [“SNC”], which was covered by a complex insurance structure involving several insurers, designated as an “insurance tower”. This structure provided that each insurance policy was triggered following a pre-established sequence and applied until the exhaustion of its insurance amount, then triggering the next policy of the tower. This tower was based on a reference policy, which stated the general terms and conditions to be respected by the insurers, creating a system called “follow form”. SNC had subscribed a worldwide coverage, aiming for a protection in all of its business territories.

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SNC-Lavalin inc. c. Deguise: Excluding the Risk Related to Pyrrhotite

By Eloïse Robichaud, from our Insurance Law Practice Group

On April 6, the Court of Appeal of Québec rendered its decision in SNC-Lavalin inc. (Terratech inc. et SNC-Lavalin Environnement inc.) c. Deguise, 2020 QCCA 495.

Considering the importance of this decision for both the construction and insurance industries, RSS offers a series of newsletters discussing the main issues at stake. This is one segment of the complete series found here.

July 7, 2020 — Approximately 800 property owners in the Trois-Rivières area have brought a claim against contractors and formworkers (for the construction of houses and foundations), a geologist who had prepared certain reports on the quality of the aggregate used for the concrete foundations, as well as his employer (SNC Lavalin), the concrete mixers (CYB and BL) and the company operating the quarry from which the aggregate was extracted (B&B), as well as their insurers. The property owners alleged that their houses suffered from a major defect, namely the swelling of the concrete, affecting the foundations.

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