COVID-19

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As we anticipated back in May, there has been a significant increase in litigation relating to business interruption insurance coverage for losses attributable to COVID-19 restrictions. Restaurant policyholders, in particular, have been at the forefront of raising these disputes.

These cases have mainly centered on the applicability of two common provisions in insurance policies: (i) Business Income Coverage provisions and (ii) Virus or Micro-organism Coverage exclusions. Most business income coverage provisions provide that coverage is available for loss of income sustained during necessary suspensions of operations caused by “direct physical loss of or damage to property.” [1] However, most policies also contain coverage exclusions “for loss or damage caused by or resulting from any virus, bacterium, or other micro-organism.”[2]

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Continue Reading Policyholders Gain Momentum in COVID-19 Insurance Coverage Cases

Work in the restaurant industry is a grind on a good day. Long hours, revolving staff, never-ending customer expectations, seasonality, supply chain issues, and intense competition are just a few of the daily headaches. As adept as restaurants have become at bracing for frequent storms, COVID-19 represents nothing short of their Hurricane Katrina. State and local orders issued in response to the global pandemic forced business closures nationwide—a paralyzing event from which some companies will never recover.

Many resilient restaurants have adapted quickly to new legal constraints by partnering with food delivery services to ramp up take-out and delivery options. Indeed, on-demand food delivery services like Uber Eats, Postmates, Grubhub, and DoorDash are about the only food-related business to benefit from the pandemic. In fact, with stay-at-home lifestyles becoming the potential new normal, financial forecasters are predicting a nearly $45 billion growth in that market between now and the end of 2024. [1] Restaurants that can continue to pivot to off-premise services like take-out and delivery options likely will see quicker returns to profitability.
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Continue Reading Setting the Table in a Post-COVID-19 World: The Restaurant Industry Rises Up to Tackle Its Greatest Challenge Yet (and Maybe Ever)

Pursuant to standard FDA regulations, retail restaurants with 20 or more locations doing business under the same name (and offering the substantially same menu) are required to provide nutritional information for standard menu items, including calorie information. But with state and local governments’ recent orders in response to the COVID-19 pandemic forcing restaurants to close their dining rooms and switch to take-out or delivery only, many restaurants are also being forced to make impromptu changes to their menu offerings. While these seemingly innocuous menu changes are relatively easy to implement under ordinary circumstances, labeling changes are far more difficult in the midst of a pandemic that has caused restaurants to struggle substantially on multiple levels.

Recognizing this reality, the FDA has acted quickly to temporarily reduce nutritional and menu labeling restrictions. Specifically, the FDA recently announced that it will not object to restaurants that do not meet the normal menu labeling requirements during the pandemic. These changes are meant to avoid food shortages, keep restaurants open, and avoid wasting food.

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Continue Reading FDA Temporarily Relaxes Food Labeling Regulations

The rapid spread of COVID-19 (also commonly referred to as “novel coronavirus”) has caused nations and organizations across the world to take emergency action in the interest of public health. Most companies are issuing statements advocating for consistent hygiene (handwashing and minimal face touching) aimed at containing the spread of the virus. Other companies are taking more aggressive action by instituting work from home policies and even travel bans.

The food industry is particularly susceptible to experiencing a duel impact from the global outbreak, both in terms of both domestic sales and supply chain disruptions. Many food manufacturers have foreign production facilities in China, Italy, and other locations where coronavirus has stalled the workforce, and in turn, the economies. And, because a timeline on a meaningful dissipation of the outbreak is so uncertain, manufacturers, distributors, and retailers must prepare to engage in significant deviations in their current approach, by considering diversions to alternative sourcing locations, and an increased focus on inventory management. For example, not surprisingly, grocery stores have seen a surge in demand for hand sanitizers, soaps, and other disinfectants, leaving many retails with empty shelves. Indeed, supply of these products is so scarce that recipes for “DIY” hand cleaners are being circulated by news and social media outlets.  Retailers that are able to meet that demand will benefit from increased foot traffic and overall sales.

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Continue Reading A Recipe for Disaster: The Impact of COVID-19 on Food Safety and the Food Industry