Daily COVID-19 Bulletin – April 20, 2020

April 20, 2020

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Gibson Dunn’s lawyers regularly counsel clients on issues raised by the COVID-19 pandemic, and we are working with many of our clients on their response to COVID-19. The following is a round-up of today’s client alerts on this topic prepared by the Gibson Dunn team. Our lawyers are available to assist with any questions you may have regarding developments related to the outbreak. As always, for additional information, please feel free to contact the Gibson Dunn lawyer with whom you usually work, or any member of the firm’s Coronavirus (COVID-19) Response Team.

California’s COVID-19 Executive Orders Create a Layered, Patchwork of Rules That Are Sometimes Conflicting and Always Changing

As COVID-19 continues to spread across the U.S., Californians for weeks have received evolving guidance from the state, counties, cities, and the federal government encouraging residents to stay home and mandating the closure of certain, non-essential businesses. California was one of the first places in the U.S. to issue a stay home order, starting a trend of a patchwork of regulations, orders, and laws on state, county, and local levels. As the landscape of government directives continues to shift day-by-day (or, at times, hour-by-hour), businesses must continually monitor numerous layers of government for guidance and evaluate their operations to ensure they remain in compliance with all applicable restrictions.
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New York Governor Cuomo’s Executive Orders Concerning Statutes of Limitations

On March 20, 2020, New York Governor Cuomo issued his eighth executive order following his March 7th declaration of a State disaster emergency in response to the COVID-19 pandemic.  Executive Order No. 202.8, among other things, directs that “any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding as prescribed by the procedural laws of the state, . . . or by any other statute, local law, ordinance, order, rule, or regulation, or part thereof, is hereby tolled from [March 20, 2020] until April 19, 2020.” The governor’s Executive Order No. 202.14 extends the suspension, or tolling period, until May 7, 2020. The Order’s tolling provision, in effect, has stopped the clock from running on a vast pool of claims’ statutes of limitations.
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