Every business, regardless of industry or size, is facing unique challenges given the pandemic. Our attorneys are tracking guidance, policies, and recommendations issued by government agencies and authorities. We will keep updating this page as often as possible.

COVID-19: Global Pandemic and Society-Altering, But is It a Force Majeure?

With such immediate and far-reaching effects and the World Health Organization’s declaration of a global pandemic, it seems like this is truly an unexpected “superior force,” or as the French say, a “force majeure.” However, whether the COVID-19 virus outbreak excuses contractual performance is not a simple issue and, perhaps unsatisfyingly, the answer is a lawyerly one—“it depends.”[i] While there is no simple and universal answer, we can provide some helpful guidance on the topic.

Families First Coronavirus Response Act – What Employers Need to Know

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (Public Law 116-127). As with all COVID-19 assistance efforts, FBFK has fielded a stream of questions from employers looking for legal input about how the Act works and what elements affect employers the most. This document is intended to help employers navigate the ins and outs of this legislation.


The CARES Act created the Paycheck Protection Program and expanded the Economic Injury Disaster Loan program to help struggling small businesses maintain their employees during the COVID-19 crisis. Businesses that maintain their employees and payrolls are eligible for loan forgiveness…

Essential Business Designation

There’s a growing number of states issuing stay-at-home orders during the COVID-19 pandemic. In some states, businesses that don’t fall within the “essential business” category can apply for the designation. Here’s a list of those states and links to their specific...