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Left to right: Andrew Kassner and Joseph Argentina of Drinker Biddle & Reath. Left to right: Andrew Kassner and Joseph Argentina of Drinker Biddle & Reath.

The pandemic has spurred analysis of legal issues as businesses grapple with their respective relationships with both private and public entities. For example, corporate general counsel suddenly were flooded with law firm alerts analyzing the scope of force majeure clauses—a contract term that is rarely the focus of negotiation. Last month the authors examined how bankruptcy courts are addressing post-petition retail rent obligations differently during the pandemic under Sections 105 and 365 of the Bankruptcy Code. Today we examine another provision of the code—Section 525—the anti-discrimination section, and its implications during COVID-19.

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