Legal Alerts/Details

COVID-19: Meeting Critical Business Operational Needs During Shelter-In-Place Shutdowns

March 23, 2020
  1. 15 CFR 700.13(a)(1).
  2. Nathaniel Weixel, Trump Triggers Defense Production Act in Coronavirus Fight, The Hill (March 20, 2020), available at
  3. See Russ Mitchell, Unsure if California Coronavirus Rules Hit Your Business? Good Luck Finding Out, L.A. Times (March 20, 2020), available at; Alan Ohnsman, Coronavirus Likely to Halt Tesla’s California Assembly Lines as Officials Say It’s Not An ‘Essential’ Business, Forbes, available at
  4. Ex. Ord. N-33-20, available at (“I as State Public Health Officer and Director of the California Department of Public Health order all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors, as outlined [by CISA]”); COVID-19 Ex. Ord. No. 8, available at (“On March 19, 2020, the U.S. Department of Homeland Security, Cybersecurity & Infrastructure Security Agency, issued a Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response. The definition of Essential Businesses and Operations in this Order is meant to encompass the workers identified in that Memorandum”_.
  5. Critical Infrastructure Sectors, Cybersecurity and Infrastructure Security Agency, available at
  6. Memorandum for Defense Industrial Base, The Under Secretary of Defense, available at
  7. See Wyeth v. Levine, 555 U.S. 555, 589 (2009); Florida Lime and Avocado Growers, Inc. v. Paul, 373 U.S. 132, 142-43 (1963).
  8. Wyeth, 555 U.S., at 589.
  9. 15 CFR 700.74.
  10. 15 CFR 700.13(d)(3).
  11. Id.
  12. 15 CFR 700.50
  13. 15 CFR 700.52(a)(1)–(a)(2).
  14. 15 CFR 700.53(a)–(b).
  15. 15 CFR 700.15.
  16. 15 CFR 700.15.
  17. 15 CFR 700.13(b)(1).
  18. 48 CFR 52.249-14.
  19. United States v. Winstar Corp., 518 U.S. 839, 904 (1996); Rest. 2d Contracts § 261.
  20. Jennie-O Foods, Inc. v. United States, 580 F.2d 400, 408-409 (Ct. Cl. 1978).

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