The law in a time of uncertainty

From citizens taking to the street in protest of police brutality, a pandemic strained economy, and a critical presidential election soon approaching, there’s quite a bit to keep up with nowadays. As the news cycle moves with haste, so does the law.

Our legal team has been analyzing what’s happening at the intersection of the law and current events. Here’s a quick rundown.

The coronavirus has disrupted global business operations in an unprecedented fashion.

Supply chains are in shock and millions are out of work. Behind the scenes, a torrent of breach of contract cases have been filed in the courts, as people and businesses can’t make good on leases, vendor contracts, business/client contracts and other obligations. You may be familiar with force majeure clauses, which may excuse these breaches, and there are other options available when someone is forced to breach an agreement.

Changes to expect, regardless of election results.

Like everyone else, we can’t remember an election season quite like this one. But we’ve taken a look at some big changes that might be coming regardless of election results. Two potential tax breaks may soon be drastically altered. You may want to consider using a 1031 “like-kind” exchange, where qualifying property owners can exchange one investment property for another without having to realize gains on the sale or pay taxes that would have normally been due. Similarly, estate and gift tax exemptions may soon revert to lower levels; if those apply to you, it’d be smart to consider acting on them now.

What is qualified immunity?

Protests against police brutality continue in cities across the country, and while clear solutions to complex problems may be elusive, some legal minds believe one may be available: abolishing qualified immunity. This Reconstruction Era legal precedent is responsible for shielding law enforcement from legal repercussions for their actions, and has subsequently been the focus of lawyers, scholars and politicians alike — like Rep. Justin Amash, who introduced the Ending Qualified Immunity Act to Congress. We’ve asked (and answered) the question: What is qualified immunity?

Should you think before you (re)tweet?

Throughout this all, the country seems to be in an all-out digital war on social media platforms like Twitter. But can you be liable to defamation claims for reposting information later discovered to be false? A case involving NBC Host Joy Reid posed this question to the United States Court in the Eastern District of NY, when she was sued for retweeting a post later identified as false. Reid ultimately walked away scot-free, as the court issued standard dismissals of defamation claims, they also rejected her defense under Section 230 of the Communications Decency Act, which states that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider" (47 U.S.C. § 230). Despite her victory, the lesson is clear: think before you (re)tweet.

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