June 19, 2020

Seven Ways the CARES Act Impacts the Real Estate Industry

By: Brian A. Blitz , Craig L. Brown , Stephen B. Land , Edward Baker , and Sang H. Lee , Duval & Stachenfeld LLP The coronavirus, also known as COVID-19, has impacted, and will continue to impact, the health of Americans and the strength of our economy for the foreseeable future. On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act, or CARES Act,1 was signed into law, and on April 2, 2020, the...

June 18, 2020

Force Majeure Clauses in the Face of COVID-19: Commercial Leasing Guidance

By: Deborah Yoon Jones , Alston & Bird LLP This article explains what a force majeure clause is and how and under what circumstances a force majeure clause in a commercial lease may be invoked due to the novel coronavirus (COVID-19). THE ARTICLE ADDRESSES THE LIKELIHOOD THAT A FORCE majeure clause will be enforced in California, other related impossibility defenses, and considerations for commercial lessors and...

June 18, 2020

Technology will be Key to Real Estate Recovery

By: Blake Liggio , Danielle Lauzon , John Mutkoski , and Andy Sucof , Goodwin Procter LLP IT IS NOW SEVERAL MONTHS SINCE THE COVID-19 HEALTH crisis emerged in the United States, the immediate impacts on the PropTech industry have crystallized. Real estate operations have changed in fundamental ways—office spaces have been vacated; warehouse and distribution centers have continued operations but supply chain issues...

June 18, 2020

Guidance for Distressed Companies: Loan Workouts and Exchange Offers

By: Daniel G. Egan , Ropes & Gray LLP with updates by the Lexis Practice Advisor Attorney Team As the Coronavirus pandemic continues to impact our economy, many companies will need to consider whether to pursue a loan workout. This article examines considerations that affect whether and in what manner a company may restructure its loans and bond debt. A workout in the context of a financially distressed company...

June 18, 2020

Coronavirus (COVID-19) Legal Issues for Healthcare Organizations

By: Salvatore J. Russo , Margaret J. Davino , and Ali Brodie , Fox Rothschild, LLP This article provides an overview of significant legal issues facing healthcare organizations as a result of the coronavirus disease (COVID-19) and provides practical guidance for effectively managing those issues. Immigration Your clients in the healthcare industry that employ individuals pursuant to immigrant and non-immigrant visas...

June 17, 2020

A National Registry of COVID-19 Patients: The Legal Implications

By: L. Stephen Bowers , Andrew F. Susko , and Daniel J. Ferhat , White and Williams LLP Medical data companies are reportedly 1 volunteering to join the fight against COVID-19 by offering to broadly share confidential, Health Insurance Portability and Accountability Act (HIPAA)-protected patient medical information they possess, including patient demographics, symptoms, testing results, treatment, and outcomes. The...

June 17, 2020

COVID-19 Update: Q&A for Public Companies

By: Davina K. Kaile , Gabriella A. Lombardi , Christina F. Pearson , and Stanton D. Wong , Pillsbury Winthrop Shaw Pittman LLP This Q&A addresses some of the most frequently asked questions of public companies on how to navigate the challenges posed by COVID-19. The Securities and Exchange Commission (SEC) has provided conditional regulatory relief regarding filing deadlines and has issued guidance regarding annual...

June 17, 2020

Pandemic Flu/Influenza/Coronavirus (COVID-19) Prevention and Response Checklist (Best Practices for Employers)

By: Avi Meyerstein , Stacey Bowman , and Courtney Steelman , Husch Blackwell LLP This checklist highlights key considerations for private employers to prepare for and respond to influenza (flu) and other potential pandemic outbreaks (including the coronavirus (COVID-19) pandemic). This is a non-jurisdictional checklist; it does not cover all potential federal, state, and local law distinctions. The guidance below...

June 17, 2020

Force Majeure and Coronavirus (COVID-19): Seven Critical Lessons from the Case Law

By: Timothy Murray , Murray, Hogue & Lannis There is a veritable pandemic raging, and I’m not referring to COVID-19. It’s a pandemic of webinars and legal articles about force majeure and COVID-19. Sadly, no lawyer is immune from it. In force majeure article after article, we are told that the COVID-19 pandemic is unprecedented, but the only thing unprecedented may be the use of the word itself. In...

June 16, 2020

Best Practices for Preventing and Responding to Flu/Coronavirus Outbreaks in the Workplace

By: Richard D. Glovsky , Jordon R. Ferguson , and Rufino Gaytán III , Locke Lord LLP Although the Occupational Safety and Health Administration (OSHA) has not adopted a standard addressing employers’ obligations to safeguard employees during a pandemic, OSHA has issued general guidance for employers as a direct result of the COVID-19 outbreak in the United States. 1 BELOW WE SUMMARIZE KEY OSHA PANDEMIC...

June 13, 2020

Compliance Tips for Running Clinical Trials During COVID-19

By: Jill E. Anderson , Linda A. Malek , and Nora Lawrence Schmitt , Moses & Singer LLP NAVIGATING THE PATH FORWARD TO CONDUCT CLINICAL research in the midst of the COVID-19 pandemic has introduced unique challenges for sponsors and research institutions alike. Industry sponsors and institutions are facing unprecedented issues resulting from the COVID-19 outbreak, such as clinical trial site closures, travel restrictions...

June 13, 2020

Returning to Work during and after COVID-19

By: Richard J. Simmons , Brian D. Murphy , and Adam R. Rosenthal , Sheppard, Mullin, Richter & Hampton LLP While there is no one-size-fits-all solution to creating a safe workplace, employers must carefully monitor guidance from the Centers for Disease Control (CDC), state and local health departments, Occupational Safety and Health Administration (OSHA), and state and local government authorities concerning the...

June 13, 2020

Assisting Small Businesses Impacted by the Coronavirus Pandemic

By: Mark Haut , Lexis Practice Advisor THIS ARTICLE ANALYZES THE SMALL BUSINESS Reorganization Act of 2019 (SBRA) 1 and the revisions to the SBRA contained in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). 2 The SBRA was enacted into law on August 23, 2019, and became effective on February 19, 2020. The CARES Act was signed into law on March 27, 2020. The SBRA contains significant changes to the...

June 13, 2020

Is there a Future for Retail after COVID-19: A Look at Modell’s and Pier 1 and Their Bankruptcy Proceedings

By: Heike M. Vogel and Eric H. Horn, A.Y. Strauss THIS ARTICLE DISCUSSES THE IMPACT OF THE COVID-19 pandemic on the retail industry and retail bankruptcy cases. Even before COVID-19, the retail industry was at the top of the bankruptcy watchlist. It was widely known that retailers were facing financial difficulties as they were unable to meet projected income targets partly because of tough competition by online giants...

April 10, 2020

LexisNexis Provides Free Access to Coronavirus News, Analysis Across the Globe

LexisNexis is taking steps to keep the public informed during the coronavirus/COVID-19 pandemic by providing free access to information and resources around the world through company platforms and outlets. Key among the resources are the Lexis Practice Advisor Coronavirus (COVID-19) Resource Kits and Law 360’s free access to breaking news about the virus. The Resource Kits, repositories of practical guidance...

April 10, 2020

Employers Confront Their Obligations as Coronavirus (COVID-19) Spreads

By: Richard D. Glovsky , Jordon R. Ferguson , and Rufino Gaytán III , Locke Lord LLP This article provides practical guidance regarding how employers should address legal issues raised by the coronavirus (COVID-19). As the coronavirus spreads around the globe and cases are rapidly appearing in the United States, employers must confront issues in the workplace concerning risks to their employees. Families First...

April 10, 2020

Diagnosing and Treating Coronavirus Risks in M&A Transactions

By: Ryan M. Scofield and Parthiv Rishi , Sidley Austin LLP Novel Coronavirus (COVID-19) is now a global pandemic and continues to dominate headlines as confirmed cases of the virus escalate. As of March 27, 2020, The World Health Organization reports more than 509,164 confirmed cases and 23,335 deaths worldwide. THESE DEVELOPMENTS HAVE LED GLOBAL MARKETS TO decline precipitously, local economies to suffer, and governments...

April 10, 2020

HHS Addresses HIPAA Privacy and Security Rule Issues in Combatting Coronavirus

By: Rex Iacurci , Lexis Practice Advisor This article discusses recent guidance by the Department of Health and Human Services’ Office for Civil Rights (OCR) addressing how entities subject to the Health Insurance Protection and Accountability Act (HIPAA) and their business associates must continue to comply with HIPAA’s privacy and security rules when sharing protected health information (PHI) as part of...

April 10, 2020

Coronavirus and Force Majeure Checklist

By: Glenn Gordon , Lexis Practice Advisor This Coronavirus and Force Majeure Checklist provides guidance on issues and measures counsel should consider when determining the applicability of the coronavirus with respect to force majeure clauses in your clients’ commercial contracts. This checklist is jurisdiction and industry neutral and, therefore, you should review applicable state and industry law before taking...

April 10, 2020

COVID-19 Claims Impact Entire Insurance Coverage Spectrum

By: Karen C. Yotis , Lexis Practice Advisor Attorney Team Now that the coronavirus first discovered in Wuhan, China in late 2019 has migrated across the globe, the impact on both public health and business is triggering a barrage of insurance claims across the entire spectrum of traditional coverages. CLIENTS ARE EXPERIENCING LOSS ARISING FROM circumstances ranging from business interruption and event cancellation...

April 10, 2020

FDA Emergency Use Authorizations

By: Chad Landmon and Drew Hillier , Axinn, Veltrop & Harkrider LLP This article provides guidance on Food and Drug Administration (FDA) Emergency Use Authorizations (EUAs). This article offers an overview of the legal and regulatory framework for EUAs, provides practical tips for obtaining an EUA, introduces considerations for importing and exporting under an EUA, and highlights certain recent EUAs, including some...

April 10, 2020

Telecommuting Employees: Best Practices Checklist

By: Jeffrey H. Ruzal and Carly Baratt, Epstein Becker & Green, P.C. With the advent of sophisticated workplace information technology that allows employees to connect to a company’s computer network from their homes with little more than a laptop and an internet hookup, telecommuting or teleworking has become a common phenomenon across various industries. Moreover, telecommuting and work-from-home arrangements...

April 10, 2020

Telecommuting Policies: Key Drafting Tips

By: Joseph D. Guarino , DLA Piper LLP Telecommuting and work-from-home arrangements are increasing exponentially during the novel coronavirus (COVID-19) pandemic as a way of protecting employees and customers from exposure. In addition, telecommuting arrangements help attract and retain employees, create a professional atmosphere supportive of employees reaching their full potential, and meet the needs of a 24-hour...

April 08, 2020

Coronavirus Tax Relief

By: Neil Aragones , Sean Craig , and Patricia Tyler , Lexis Practice Advisor Tax Team This article discusses action taken by Congress and the IRS to provide coronavirus tax relief, including H.R. 6201 and high deductible health plan guidance. Also included is a discussion of the I.R.C. § 139 tax benefits and the potential tax filing extension. Families First Coronavirus Response Act (H.R. 6201) On March 14...

April 08, 2020

Seeking Time Extensions in Litigation

By: Randi-Lynn Smallheer , Lexis Practice Advisor As the novel coronavirus outbreak forces people around the world to suspend business as usual, litigators still face deadlines, whether imposed by a judge, a set of rules, or a statute. This article describes how to compute time periods in federal court litigations under Rule 6 of the Federal Rules of Civil Procedure 1 (Federal Rules), and how to get those time periods...