Supply Chains: Navigating Disputes Arising Out of the COVID-19 Pandemic

Navigating Disputes Arising from the COVID-19 Pandemic

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.

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 down to their core elements and build credibility with all parties.

Our commitment to innovation has allowed us to respond aggressively to COVID 19-related business disruption issues. 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 (COVID Business Disruption):

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:

  • 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
  • Worker Adjustment and Retraining Notification Act (WARN Act) and COBRA

Health Care:

  • Mergers and acquisitions and dispositions
  • Employment disputes
  • Malpractice and wrongful death
  • Telehealth-related contractual and privacy disputes
  • Doctor buy-outs/sell-outs
  • Provider-payor disputes
  • Limited liability issues

Insurance:

  • 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
  • Unlawful detainers and evictions
  • Construction financing issues and subcontractor nonpayment
  • Breach of real estate sales contracts
  • Construction delays and force majeure clauses
  • Homeowners’ association and condo board disputes
  • Fair Housing Act disputes

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