Is Everything Negotiable? Anticipating Legal Issues for the “Reopening”

Is Everything Negotiable? Anticipating Legal Issues for the “Reopening”

In the early 1980s, a book entitled You Can Negotiate Anything spent nine months on the New York Times bestseller list. The book may have a resurgence in the coming months, as one thing is for certain right now: After the state’s reopening, every contract, lease, and agreement is likely to be subject to negotiation. While much attention has been focused on force majeure provisions in contracts and potential bankruptcy filings, the practical effect of survival of the fittest will dictate necessary legal needs. Certainly there will be a time lag for the courts to be clogged with new cases. The retail, leisure travel, and entertainment sectors, while arguably most impacted by the recent closures and restrictions, will surely not be the only areas where businesses and individuals by necessity will renegotiate virtually every existing agreement. As New Jersey deals with the enormity of the COVID-19 pandemic, legal issues are emerging that were previously never contemplated. In an instant, the world has changed, and all negotiated contracts are potentially at risk. The question becomes: How do businesses protect their futures? To start, anticipate legal issues. Documents and Agreements Likely to Be Subject to Renegotiation It is prudent to develop a...

U.S. Supreme Court Requires Schools to Provide a Special Needs Student More Than a “De Minimis” Education

U.S. Supreme Court Requires Schools to Provide a Special Needs Student More Than a “De Minimis” Education

On March 22, 2017, the United States Supreme Court handed down a unanimous ruling in Endrew F., et al. v. Douglas County School District RE-1. In a decision that will have far-reaching implications in the area of special education, the Court held that the Individuals with Disabilities Education Act (“IDEA”) “requires that students with disabilities be provided with an educational program that is reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” In 1982, the Supreme Court determined in Board of Ed. of Hendrick Hudson Central School Dist., Westchester Cty. v. Rowley that the IDEA requires that every child be provided with a free and appropriate public education (“FAPE”). The Rowley Court did not, however, adopt a standard for determining whether a child is receiving a sufficient educational benefit to satisfy this mandate. Rather, the Court stated that a child has received a FAPE if the Individual Education Plan (“IEP”) provides an education program “that is reasonably calculated to enable the child to receive educational benefits,” and otherwise limited its analysis to the facts of the Rowley case. Endrew F., an autistic child, was enrolled in a public school and educated pursuant to...