Supply Chains: Navigating Disputes Arising Out of Business Interruptions

Navigating Disputes Arising Out of Business Interruption

Contract disputes, insurance coverage concerns, supply chain disruptions and cancelled projects can prove challenging to business relationships. JAMS can facilitate timely, effective solutions to legal and business disputes via customized mediation, arbitration and other ADR services.

Business Recovery: Getting Back to Business

As the world’s largest private ADR provider, JAMS administers an average of 18,000 cases in person and online every year. Our panel of more than 400 neutrals includes retired state and federal court judges and attorneys with diverse backgrounds, business acumen and deep, industry-specific expertise. Their knowledge of the structure, dynamics and commercial practices of a wide range of economic sectors allows them to distill conflicts to their core elements and build credibility with all parties.

Our commitment to innovation has allowed us to respond aggressively to business interruption resulting from COVID-19-related issues and focus on business recovery. JAMS neutrals have long used videoconferencing to handle disputes of all sizes, and we’ve successfully resolved thousands of cases remotely during the pandemic. Whether a session is being conducted in person or virtually, our experienced neutrals are adept at facilitating negotiations and managing the resolution process.

JAMS offers mediationarbitration and other flexible, efficient ADR options to address conflict at any stage.

Representative ADR Matters (Business Interruption):

Bankruptcy

  • Out-of-court restructurings and workouts
  • Chapter 11 and Chapter 9 reorganization plans
  • Adversary proceedings brought by estate representatives, including Chapter 7 trustees, Chapter 11 trustees and post-confirmation plan trustees
  • Valuation disputes (assets and businesses)
  • Validity and priority of claims
  • Fraudulent and preferential transfers
  • Examiner appointments

Contracts

  • Breaches of contract and force majeure clauses
  • Doctrine of impossibility of performance
  • Supply chain disruptions
  • Event cancellations and refunds
  • Paid subscription, membership and season pass class actions

Employment

  • Sexual harassment
  • Sexual assault
  • Pregnancy discrimination
  • Remote working arrangements
  • Age discrimination
  • Reductions-in-force
  • Worker Adjustment and Retraining Notification Act (WARN Act)
  • California (Private Attorneys General Act) (PAGA)
  • Fair Employment and Housing Act (FEHA) 
  • Whistleblower, retaliation and wrongful discharge
  • Unsafe working conditions
  • Disability discrimination
  • Family and Medical Leave Act (FMLA) and Families First Coronavirus Response Act (FFCRA)
  • Wage and hour
  • (WARN Act) and COBRA

Health Care

  • Healthcare workforce and staffing shortages
  • Diminished health system/hospital revenues and impacts of same on provider networks and compensation
  • Mergers and acquisitions and dispositions
  • Employment disputes
  • Malpractice and wrongful death cases
  • Telehealth-related contractual and privacy disputes
  • Doctor buy-outs/sell-outs
  • Provider-payor disputes
  • Limited liability issues

Insurance

  • Contingent business interruption
  • Errors and omissions liability
  • Business interruption
  • Commercial general liability
  • Event cancellation
  • Civil authority
  • Directors and officers liability
  • Class actions against insurers
  • Allocation of loss among insurers

Real Estate

  • Landlord and distressed tenant lease workouts
    • Loss of rent claims
  • Unlawful detainers and evictions
  • Construction financing and subcontractor nonpayment issues
  • Breach of real estate sales contracts
    • Appraisal and valuation issues
  • Construction delays and force majeure clauses
    • Delays in repairs, material supplies in high demand and supply chain issues (needed parts, raw materials and building supplies)
    • Homeowners’ association and condo board disputes
    • Fair Housing Act disputes

    Business Interruption Articles & Insights

    Taking the Temperature of Health Care Disputes: The Latest Trends and the Effect of Business Interruption

    Taking the Temperature of Health Care Disputes: The Latest Trends and the Effect of Business Interruption

    Three distinguished JAMS neutrals discuss dispute resolution in the health care industry

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    Business Interruption and the Impact on Real Estate

    Business Interruption and the Impact on Real Estate

    Four JAMS neutrals share their perspectives on how COVID-19 has affected real estate matters

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    Bankruptcy Matters: The New Pandemic Wave is Coming

    Bankruptcy Matters: The New Pandemic Wave is Coming

    Three JAMS neutrals share their perspectives on business interruption and the impact COVID-19 has had on bankruptcy courts

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    Business Interruption and the Impact on Insurance Matters

    Business Interruption and the Impact on Insurance Matters

    Three JAMS neutrals share their insights on how COVID-19 has affected the insurance industry

    Learn More

    Business Interruption Podcasts

    [PODCAST] JAMS Neutrals Discuss How Businesses Can Take Preemptive Action to Address Supply Chain Challenges

    [PODCAST] JAMS Neutrals Discuss How Businesses Can Take Preemptive Action to Address Supply Chain Challenges

    A podcast from JAMS featuring neutrals Barbara A. Reeves, Esq., CEDS, and Katherine Hope Gurun, Esq., on the top challenges businesses are facing as a result of supply chain disruption and how ADR techniques can help.

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    [PODCAST] The Pandemic and Beyond: Navigating Disputes Within Health Care Systems

    [PODCAST] The Pandemic and Beyond: Navigating Disputes Within Health Care Systems

    A podcast from JAMS featuring neutrals Christopher Keele, Esq., and Adrienne Publicover, Esq., on disputes within health care systems and how parties can best navigate and mitigate these disputes

    Listen Now

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