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Since the onset of the COVID-19 pandemic and the massive social and economic consequences it has wrought, owners and contractors alike have taken a harder look at their contracts.  Do the contracts have force majeure, waiver of consequential damages, or no damages for delay clauses?  Are the clauses written broadly enough to encompass the pandemic and its aftershocks?  It is safe to say that contracts negotiated pre-2020 look a lot different from those prepared after the pandemic was declared. One provision not regularly included in pre-pandemic construction contracts, but now standard in n

It has been a long two years since the pandemic began, but with COVID-19 transmission rates and hospitalizations dropping, the Centers for Disease Control and Prevention (CDC) has begun to relax some of its guidance and protocol for COVID. What does that mean for the employer? And what’s next? While the intent of the guidelines is to encourage individuals and employers to return to more “normal” office environments, the CDC is still recommending vigilance, though at a much reduced level, as follows. 1.   Revised Isolation guidelines for Employees/Individuals who Test Positive for COVID

The COVID-19 pandemic has impacted empanelment of jurors and the presentation of evidence at trials. Courts in many jurisdictions across Texas and the United States have attempted to implement virtual trials, with Zoom being the most commonly used platform. But, what happens when technology interferes with effective questioning and selection of a jury or the presentation of evidence at trial?  What can a party do? One case which demonstrates the problem with Zoom trials is the case of Kinder Morgan Production Co. v. Scurry County Appraisal District.  Kinder Morgan was a taxation case i

On January 13, 2022, the United States Supreme Court stayed the vaccine mandate requiring all employers with 100 or more employees to ensure that their employees are vaccinated against COVID-19.  The highly anticipated ruling came after the Fifth Circuit Court of Appeals stayed enforcement of the mandate and the Sixth Circuit Court of Appeals then lifted the stay, requiring so-called “large” employers to comply with the mandate or face significant penalties.  The Supreme Court’s opinion continued the stay, eviscerating the mandate. The Supreme Court found that  the Department of Labor

The Biden Administration has taken several steps in the past two weeks to increase availability of COVID-19 tests and masks.  Aside from the much publicized free COVID test kits available from the government and N95 masks now being made available from local pharmacies and centers, private insurers are also required to pay or reimburse insureds for the cost of at-home tests. A day earlier than announced, on January 18, 2022, the Biden administration launched COVIDtests.gov – providing Americans free access to at-home COVID tests. With ordering 1 billion tests for distribution, the roll-out i