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Is Your Business "Essential" and Who Decides? (Comp)
States, counties, and cities across the nation have adopted proclamations, orders, and other policies restricting business and other private activities to protect citizens from the spread of COVID-19. The requirements vary from state to state and from jurisdiction to jurisdiction within the same state. State orders may differ from local orders, and enforcement varies depending on a particular government’s resources and priorities. Some directives require or encourage residents to stay home. Preventive measures such as social distancing are mandatory. And many businesses have been forced to close temporarily.
Strict as these orders are, they all exempt some businesses and activities as “essential.” Their employees continue to come to work and business goes on, and may even thrive.
This webinar will explore the restrictions, the exceptions, and the risks of this growing patchwork of laws, regulations and guidance aimed at slowing the pandemic—and how they affect business, particularly companies with important federal contracts.
Among other things, we will discuss:
• The varying definitions of “essential.”
• The authority of states and localities to impose restrictions and create exemptions.
• The approaches to restrictions on business and residents in key DMV jurisdictions, as well as states with concentrations of federal business.
• What are the risks to business if state and local jurisdictions disagree about which businesses and activities are “essential?”
• Are federal contractors protected from state directives? On what basis?
• Are there limits on federal authority to interfere with state directives and when do those come in to play?
• Does the balance change if there is an outbreak in your facility?
The presentation was given by Mayer Brown's:
• David Dowd, Partner, Government Contracts (Washington, D.C.)
• Donald Falk, Partner Litigation, Supreme Court & Appellate (Palo Alto, CA)
• Marcia Madsen, Partner Litigation, Chair, Government Contracts Practice (Washington, D.C.)
• Andrew Tauber, Partner Litigation, Supreme Court & Appellate (Washington, D.C.)
• Luke Levasseur, Counsel, Government Contracts (Washington, D.C.)
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