Practice

COVID-19 Task Force

Helping make sense of the latest guidelines and their implications

COVID-19 continues to be one of the most impactful uncertainties on businesses across industries. In the rapidly changing global health environment, we are working with clients to evaluate and understand the effects of COVID-19 on their businesses. We are committed to business continuity by providing our clients the resources required to develop and implement legal and operational policies and procedures, as well as business strategies during the outbreak.

Supporting Your Business Across All Immediate and Long Term Needs
  • Bankruptcy & Restructuring – Our bankruptcy and restructuring team has decades of experience in addressing insolvency related issues in times of crisis and strategizing to minimize the risk of bankruptcy either for your business or as a creditor of another business. We can work with you to find creative and cost-effective solutions to the problems posed by the disruption to business from COVID-19 as well as provide introductions to potential financing sources, equity partners, and buyers.
  • Commercial Contract Disputes – Businesses have taken aggressive responsive precautions in an effort to contain the spread of COVID-19. However, these measures may not come without a cost. We help clients interpret force majeure clauses and other doctrines and defend their rights to terminate pre-existing contracts without liability.
  • Debt Finance – Our Debt Financing team has extensive experience advising our borrower clients facing adverse market conditions. We are prepared to discuss the effect of these adverse conditions on the borrower's ability to satisfy its financial ratio covenants and to maintain sufficient liquidity for its operations. We will also suggest potential strategies for waivers, amendments and other accommodations to its lenders that address these issues.  
  • FDA – We are closely following FDA’s actions and counseling clients on how best to communicate with the Agency and ensure compliance with requirements for both investigational and approved products.
  • Healthcare – Healthcare providers are the most immediately impacted by COVID-19, both clinically and legally. Every month brings new federal and state directives that impact the provider community. The experience and diverse background of our team affords us unique perspectives on these issues, and allows us to understand these directives and help our clients develop legal solutions and strategies to comply with them.  
  • Insurance Recovery –  Among the uncertainties presented by COVID-19 is the potential for losses due to business interruption, including losses resulting from business suspension measures taken in response to government directives. Property insurance policies may respond, depending on their specific terms. Directors and officers of insured companies also may face claims by shareholders asserting that ill-conceived responses to the pandemic caused economic loss. D&O insurance may respond, again depending on the specifics of the loss and claim. As one of very few insurance practices singly focused on the interests of policyholders (rather than insurers) we stand ready to support companies in pursuing such claims and in litigating coverage disputes, should that become necessary. 
  • Intellectual Property – The Ph.D. biologists and chemists in our patent prosecution group are currently assisting our industry and academic clients with the rapid preparation and filing of patent applications protecting our client’s IP rights to newly developed diagnostics and therapeutics related to the COVID-19 virus.
  • International Commercial Arbitration - We are assisting clients with International commercial arbitration claims related to delays in cross-border merger and acquisition transactions relating in part to the COVID-19 virus. We are uniquely positioned to represent clients with matters including arbitration claims related to force majeur issues and business interruption and breach of product and service delivery.
  • Labor & Employment – Employers are grappling with a host of employment law implications, including requiring or permitting remote work; restricting or requiring business travel; requiring employees to take leaves of absences following travel or possible exposure to COVID-19; application of vacation, paid time off and sick time policies as well as pertinent state and municipal paid leave laws; temporary furloughs and other reductions in staffing; potential application of disability, race and national origin discrimination laws; wage and hour implications for exempt and non-exempt workers; bargaining obligations in unionized workforces; workplace safety; and employee privacy/confidentiality. 
  • Privacy & Data Security – COVID-19 presents unique data privacy and security challenges for businesses trying to comply with federal and state guidance, while creating workable plans to protect their employees and keep their businesses running. It also presents a fast-moving environment that is fertile ground for phishing, scams, and similar issues, particularly as employees are encouraged to work remotely. We can help clients navigate these issues while complying with applicable law and best practices. 
  • Private Funds – Our private funds practice remains ready to assist advisers and funds with all business and regulatory issues that they may face, including updated information and guidance on meeting compliance obligations, addressing appropriate risk disclosures in offering documents relating to COVID-19 and counseling fund managers on important internal matters such as business continuity plans and remote work arrangements.
  • Public Companies – Our public company focused lawyers are working hard with our clients to ensure regulatory compliance during these unprecedented times.
  • State Attorney General Investigations – With the focus and attention on COVID-19, businesses must be mindful of their functions regulated by state Attorneys General including employment practices and their consumer facing practices and policies. State Attorneys General in reaction to COVID-19 have a heightened focus on employer adherence to state employment laws, how businesses are communicating with consumers and price gouging laws. Our team of former state attorney general staff have the experience, the insight and the skill to guide your business through the considerable challenges of these times. Our legal team includes a former first assistant attorney general, a former deputy attorney general, a former chief of the business and labor bureau, and three partners who served as assistant United States attorneys.
  • Supply Chain - With an overwhelming majority of US companies feeling supply chain disruptions as a result of COVID-19, companies are facing shortages, longer lead time, and uncertainty around revenue targets. With a long history of working with clients from a broad range of industries, our International Trade & National Security team is equipped to guide and counsel clients as issues undoubtedly arise in the coming days, weeks and potentially months. 
  • Tax –  Our Tax Practice Group is actively monitoring tax-related developments attributable to the COVID-19 pandemic and stands ready to advise clients on these matters.

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