We have assembled a firmwide multidisciplinary task force to address clients’ business and legal concerns and needs related to the COVID-19 pandemic. Our lawyers are closely monitoring the latest developments and guidance from government and public health authorities and are prepared to provide guidance on planning for and responding to the many issues arising as the virus spreads.
We can advise on a broad range of matters, including:
Banking & Finance: Force majeure, material adverse effect, cessation of business and other relevant clauses in financing documents
Business Operations: Business interruption/continuity planning; performance delays and force majeure events in contracts; anticipating and negotiating downstream implications in transactional and M&A contracts; SEC reporting requirements regarding risk and earnings disclosures; business and financial disruptions and other material events for publicly held companies; shareholder meetings and investor relations issues
Business Restructuring, Creditors’ Rights & Bankruptcy: Strategies to effectively address operational and financial distress, payment and cash flow difficulties, supply chain disruptions, customer and vendor defaults and insolvency proceedings, and the enforcement of rights and remedies
Construction: Negotiating and enforcing contract terms addressing force majeure, supply chain disruption, changes for costs of supplies and labor, and excused performance; application of the doctrines of impracticability/commercial frustration and impossibility of performance to existing contract obligations; evaluation of insurance coverage for builder’s risk, general liability and similar policies
Employee Benefits: Benefit continuation and payment arrangements during leaves; HIPAA compliance; potential waiver of copays/coinsurance and deductibles for COVID-19 testing and treatment; potential expansion of short-term disability plans; potential changes to 401(k) plan hardship and loan provisions; service provider agreements and obligations
Environmental: Review use of force majeure and similar provisions in environmental statutes, regulations, government orders, or permits by companies to delay, without penalty, required sampling events, remediation deadlines, air permit testing, wastewater record keeping, monitoring, etc.; work-related employee cases of COVID-19 and OSHA’s employee illness and injury recordkeeping regulation; disruptions in waste collection, disposal, and/or recycling services; planning and implementation of temporary or permanent facility closures
Government Contracts: Contract terms regarding notice requirements, determination of the risk of non-performance and insurance coverage; contract compliance with applicable laws and regulations; contract terms regarding the application of federal, state and local statutes and regulations enacted after contract award; contract performance criteria and the impact of health-caused delays on key contract deliverables, the government contract supply chain and available actions to mitigate specific impacts on contract cost, performance requirements and schedule
Health Care: Telemedicine; contracting issues; government guidance; HIPAA privacy and security
Intellectual Property: Performance of IP agreements (i.e., force majeure), country trademark registration protection as supply chain and manufacturing facilities relocate to other countries, patent and trademark deadline docketing services, patent and trademark prosecution overflow services, new manufacturing and intellectual property agreements as supply chains are disrupted
International Trade: Supply chain disruptions; import/export issues; force majeure and other contract provisions
Labor & Employment: Leave policies; quarantine rules; travel restrictions; remote working arrangements; FLSA compensation rules for partial weeks off work; OSHA/ADA requirements; discrimination claims; immigration issues; employee workplace safety and privacy issues
Litigation: Contract disputes involving COVID-19-related contract non-performance or performance delays, including force majeure events and other supply chain disruptions; strategies for negotiating and drafting contractual provisions with customers and suppliers; insurance coverage disputes regarding COVID-19-related issues; director and officer liability disputes resulting from COVID-19-related issues; white collar criminal actions resulting from COVID-19-related conduct; compliance counseling regarding CARES Act and other COVID-19 related legislation and associated white collar criminal actions; counseling and litigation regarding compliance with Stay-At-Home orders, including regarding whether a business is an essential business; other COVID-19-related litigation
Personal Planning: Health care documents and estate plans
Privacy & Data Security: Security for mobile and remote working; protection of sensitive personal information; compliance with health care privacy laws
Product Liability: Defend companies against inhalation exposure and respiratory illness claims. Advice regarding warnings and regulatory issues for manufacturers and suppliers of PPE, ventilators, and other products to address COVID-19
Real Estate: Impact of service disruptions, facility closures and quarantine policy on commercial property owners, tenants, borrowers and lenders; best practices for real estate contract negotiations during uncertain times
Transportation: Supply chain disruptions involving the shipment of goods; contingency planning; contract provisions with suppliers, customers and transport providers, including force majeure, minimum volume commitments, liquidated damages or capacity protection; and demurrage and detention charges
Country-by-Country Guide: Government Measures Taken in Response to COVID-19
In collaboration with our international law firm partners, we are regularly updating a chart compiling key economic, employment, safety and export measures implemented by governments worldwide in response to the COVID-19 pandemic. We will continue to provide the latest version of this summary here on this page (link above) as well as on our SmarTrade blog.
Recent COVID-19-Related Blog Posts:
The global COVID-19 pandemic is an unprecedented situation with developments occurring at a rapid pace. As such, our previous client updates and webinars may contain information that has changed since publication. Please be sure to refer to our most recent publications and contact your Thompson Hine lawyer for additional information.
COVID-19 Impact on International Trade Webinar - 4.30.2020
The FFCRA Is in Effect: What Now for Employers? Webinar – April 8, 2020
The CARES Act: Employment & Benefits Update Webinar – April 01, 2020
Retirement Considerations in a COVID-19 Environment Webinar – March 27, 2020
Workforce Management Considerations in the COVID-19 Era Webinar – March 24, 2020
COVID-19: Planning Considerations for Employers Webinar – March 10, 2020
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