COVID-19 Response Resource Center

As the COVID-19 pandemic continues to impact businesses worldwide, our attorneys remain committed to assisting our clients in the Asian markets with their unique needs. We continue to counsel public and private companies based in Korea, China, and Japan as they navigate the challenges that COVID-19 presents. Our experienced bi-lingual attorneys, who have a deep understanding of Korean, Chinese, and Japanese cultures, are able to help bridge the gap between Asian and American legal concepts. They have assisted our Asia-based clients in evaluating pandemic-related issues across a variety of industries, and they continue to work with law firms in Asia on a regular basis.

Throughout the pandemic, our attorneys have advised on how Asia-based businesses may operate in compliance with the ever-changing U.S. Government requirements concerning employment, immigration procedures, and healthcare matters. We have also provided guidance to our Asia-based clients on COVID-19 considerations related to data privacy, mergers and acquisitions, bankruptcy, intellectual property, and corporate governance. Our attorneys, who span several offices and U.S. jurisdictions, are prepared to assist our clients in the Asian markets with these and other pandemic-related matters facing their businesses.

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The construction industry has felt substantial ramifications from the COVID-19 outbreak in part due to multi-state legislation that has halted various commercial activity. The specter of potential widespread construction site shutdowns looms. Our construction team has provided regular counsel to contractors, design professionals, property owners, developers, material suppliers, construction managers, insurers and brokers on claims related to construction defects, property damage, job site injuries and breach of contract. As part of our COVID-19 Task Force, we have assembled attorneys who can help navigate new federal, state and local construction legislation related to COVID-19 and provide guidance to those in the construction industry that have been impacted by the pandemic including counseling on supply chain management, construction defect issues, job site management, setting of new health and safety regulations that are in compliance with OSHA and CDC standards, and drafting or revising risk allocation provisions in contracts for a wide range of projects.

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Antitrust and consumer protection agencies are on high-alert for efforts to take advantage of market disruptions resulting from the COVID-19 pandemic and engage in activities that unreasonably restrain trade, including price fixing and market allocation agreements among competitors, false and deceptive product statements, and price gouging. Our Antitrust & Consumer Protection attorneys are experienced in advising clients on these issues at both the federal and state level to manage risks and protect business interests.

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As companies continue to deal with constantly changing circumstances relating to the COVID-19 pandemic, they will face challenges presented by a wide array of potential business interruptions, including supply chain disruptions in goods and services, as well as delays and cancellations of orders and events. Many businesses will need to evaluate whether to suspend services, curtail or shut down operations, cancel or materially modify the format of events, close stores, or utilize remote capabilities, and consider how to do so in the most strategic way, taking into account the implications and potential consequences of those actions. Such decisions require interpreting specific contract language and applicable law, as well as current statutes and emergency orders, as well as unique industry- and client-specific concerns. Our Business Practices group is equipped to deal with these questions and is keeping abreast of new laws and developments as they emerge. Our team members have deep experience advising on issues arising from event cancellations and disruptions, and we regularly advise clients on interpreting contractual provisions, drafting new agreements, and litigating where necessary. 

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As businesses continue to deal with contractual and business disputes relating to the COVID-19 pandemic, litigation will become inevitable for many businesses who will need to file or defend against COVID-19 related contract and business litigation disputes and will need expert guidance on available remedies and defenses, including provisional remedies such as temporary restraining orders, preliminary injunctions and writs of attachments. Companies are facing a wide array of potential business litigation disputes, including but not limited to breaches and anticipatory breaches of contract, or disputes relating to supply chain disruptions in goods and services, as well as delays and cancellations of orders and events. Many businesses will need to evaluate their strategic options including proactive litigation, taking into account the implications and potential consequences of those actions. Our complex and commercial litigation group is equipped to deal with the myriad of litigation issues that are common in crisis or emergency circumstances. 

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As businesses and entrepreneurs continue to deal with emergency orders relating to the COVID-19 pandemic, there is a heightened risk of government investigation or white collar prosecution for certain businesses, and it will be critical for these businesses or executives to obtain expert guidance on how to avoid or defend against such investigations or prosecutions, including relating to violations of emergency orders, fraud relating to CARES Act loans and other financial crimes, healthcare fraud, securities fraud and insider trading, public corruption, price gouging, import/export violations, tax fraud, and unfair or deceptive business practices. Many businesses will need to evaluate their strategic options and our Government Investigations & White Collar Defense group is equipped to deal with the myriad investigations and prosecutions that are common in these crisis or emergency circumstances. 

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As part of its oversight of medications and medical devices utilized in the fight against COVID-19, the FDA has enacted its Emergency Use Authorization (EUA) authority to help strengthen the nation’s public health protections by facilitating the availability and use of urgent medical countermeasures. Our Life Sciences attorneys have first-hand experience advising corporate clients on how to navigate the EUA and obtain the necessary clearances from the FDA to assist the medical community in treating COVID-19 patients. The federal government has also expanded the Public Readiness and Emergency Preparedness (PREP) Act to include a countermeasure aimed at responding to COVID-19, and it has enacted the Families First Coronavirus Response Act, which includes a provision aimed at incentivizing mask producers to increase the supply of available personal protective equipment (PPE) for medical professionals fighting the virus by granting such manufacturers immunity from lawsuits that may arise as a result of providing such equipment. Our attorneys are poised to answer any questions business may have about these new laws and regulations. Additionally, working with other practice groups in Lewis Brisbois’ nationwide team, we are able to provide guidance on how companies can modify their existing business models to facilitate the importation and distribution of key supplies such as respirators, medicines, and PPE. Our experienced attorneys are available immediately to answer your questions and evaluate your particular business’ options.

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On a daily basis, Lewis Brisbois’ Financial Restructuring and Loan Workout Group lawyers are assisting clients with lending, borrowing, force majeure, restructuring, re-negotiating, and regulatory compliance for myriad issues resulting from the COVID-19 pandemic. Our attorneys have addressed our clients’ needs to create workout plans that address extensions, recalculation of EBITDA and amortization schedules, enforcement or extension of guaranties, and other issues to modify distressed loans, commercial leasing agreements, acquisition and sale agreements, hotel management agreements, event agreements and other contractual relationships that warrant renegotiation in light of the COVID-19 pandemic. When a workout is not feasible, we have advised clients on judicial and non-judicial foreclosure actions, injunctions, attachments and receiverships, assignments for the benefit of creditors, and bankruptcy.

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Congress and many federal agencies are taking steps to support COVID-19 response efforts, assist hard-hit sectors of the economy, and address newly arising concerns. With the entire country in the midst of a declared state of emergency, important regulatory programs, priorities, and deadlines are likely to be disrupted, and the regulated community needs expert advice on navigating unprecedented circumstances. Our Government Relations & Regulatory teams are experienced in advising businesses on compliance and managing risk under crisis conditions, as well as advocating for needed changes to legislation and regulation, and engaging on their behalf before Congress, relevant federal and state regulatory authorities, and the courts.

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In response to the COVID-19 pandemic, Congress recently has enacted complex new legislation to provide economic stimulus funding for businesses and healthcare system enhancements. Lewis Brisbois’ Washington, D.C.-based government relations team is fully engaged with the evolving legislation and follow-up implementation efforts. We are well-positioned to advise clients on understanding the new programs and advocating for needed changes on Capitol Hill, in regulatory agencies, and with the Administration.

With registered lobbyists and experienced government relations advocates on the team, Lewis Brisbois continues to work with clients on successful strategies for optimizing the benefits of these new government programs, as well as engaging directly with the agencies charged with implementing them. In addition, our team is focused on helping clients advance their primary legislative initiatives, while ensuring that these initiatives are not sidelined or overtaken by COVID-19-focused legislative efforts.

As healthcare providers and senior living centers continue to grapple with the impacts of coronavirus / COVID-19, our healthcare law attorneys can advise on the practical and legal implications of the outbreak for those businesses. We can provide current information on changes being made at the federal and state level that will impact both skilled nursing facilities and assisted living and memory care communities. We can also provide assistance with managing new admissions, visitation by family and others, employee-related issues, and all other aspects of long-term care.

The COVID-19 pandemic has had an unprecedented impact on immigration procedures and policies, many of which continue to change on a daily basis. The closure of U.S. Embassies and Consulates worldwide has brought to complete halt the issuance of temporary work visas. Domestically, U.S. Citizenship and Immigration Services (USCIS) field offices also have closed, resulting in the cancellation of interviews, oath ceremonies, and biometrics appointments. USCIS also temporarily suspended its premium processing service resulting in processing delays. Moreover, Presidential proclamations have closed our northern and southern borders except for essential travel, restricted the entry of foreign nationals from certain countries and suspended the issuance of immigrant visas abroad.
 
These closures and restrictions continue to create challenges for businesses that employ foreign nationals. The attorneys in our Immigration Practice have counseled clients throughout the pandemic concerning compliance with applicable wage regulations and employment verification procedures for foreign nationals who are on temporary work visas. They stand ready to help business leaders identify and navigate these and other pandemic-related immigration issues that are affecting their particular businesses.

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Lewis Brisbois is uniquely positioned to provide comprehensive services on a national level to clients concerned with the insurance implications of the coronavirus / COVID-19 outbreak. Our qualified and experienced insurance coverage lawyers stand ready to help businesses identify potential coverages issues implicated by the pandemic, review policies to assess exposures, and provide analysis and recommendations regarding specific claims. We can also advise on best practices regarding claims management procedures, assist with claims investigations, and initiate and respond to coverage litigation throughout the U.S. We are also adept at addressing Department of Insurance and other state and federal agency inquiries, and can help coordinate uniformity in claims responses and coverage positions while balancing jurisdiction-specific legal authority.

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Lewis Brisbois’ Labor & Employment attorneys are actively monitoring developments in employment law at the federal, state, and local levels related to the current COVID-19 outbreak, and are counseling clients about those developments, as well as their obligations and responsibilities in this situation. Particular issues of great concern to clients include reductions in force and other layoffs and furloughs, work-from-home issues, unemployment insurance availability, HIPAA requirements, accommodations for disabled employees, requirements imposed by collective bargaining agreements and individual employee contracts, and especially family and medical leave and sick leave issues. Our attorneys are ready to assist with these and other outbreak-related employment law matters.

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In both extraordinarily challenging times and otherwise, tax law influences decision-making by both businesses and individuals. Our Tax Team advises clients on tax requirements in a broad range of business endeavors, including buying and selling, restructuring and reorganizing, mergers and acquisition, and more. We also represent clients seeking rulings from the Internal Revenue Service and in tax controversies such as audits, appeals, and litigation at the federal, state, and local levels. As the coronavirus outbreak continues, we will be closely monitoring changes to the tax law and providing regularly updates.

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Lewis Brisbois’ Workers’ Compensation attorneys are actively monitoring national developments related to the current COVID-19 pandemic and are counseling clients about these developments. We are providing claims handling assistance, as well as advising clients on how to prepare for the transition in returning to work in light of the anticipated modifications to workplaces due to COVID-19 restrictions. Attorneys are available to answer questions regarding implications during the quarantine and after the quarantine is lifted, addressing specific areas of concern to offer guidance with best practices to assist employers and carriers with current and potential claims. Our attorneys are ready to assist with any outbreak-related workers' compensation matter.