COVID-19 Response Resource Center

Practice Area

COVID-19 Response Resource Center

LOOKING AHEAD

At the outset of the Covid-19 emergency, Lewis Brisbois quickly realized the legal issues clients would face and put in place teams that have responded to needs in a wide array of practice areas, including employment, contract disputes, new government loans, regulatory, financial restructuring, tax, and insurance, among others. The firm established an internal Covid-19 team that facilitated the exchange of information on a timely basis, cross-firm collaboration, routing of client questions to the right team, and a high profile presence in the marketplace. As we move into the next phase of the Covid-19 crisis and recovery, the following list identifies likely client legal needs and the internal points of contact to shepherd client inquiries to the right attorney for handling.

We will continue to update this page as the situation develops. Check back regularly for updates from our team on other areas of the law impacted by the COVID-19 outbreak. For more information on the specific services we can provide, click on the practice areas below.

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.

COVID-19 Response Team Primary Contacts

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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.

COVID-19 Response Team Primary Contact

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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. 

COVID-19 Response Team Primary Contacts

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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. 

COVID-19 Response Team Primary Contacts

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Data Privacy & Cybersecurity has never been more important than it is now, in the midst of the COVID-19 pandemic. The more employees work remotely, the more risk they face, and the more risk their organizational networks face, from persistent malicious online threats. As companies take their businesses completely online, malicious actors are looking to exploit weaknesses in infrastructure. A primary weakness is often with the end user, especially remote users. The near-constant clamor for solutions and advice on the pandemic have made many people easy targets for phishing and malware scams. The Lewis Brisbois Data Privacy & Cybersecurity team can help prepare your business to detect and respond to potential data security threats that may arise during this crisis. We can also help manage any response to cybersecurity emergencies you may face. Please contact us, 24/7, through our hotline at 844.312.3961 or at breachresponse@lewisbrisbois.com, should you need our assistance.

COVID-19 Response Team Primary Contacts

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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, healthcare fraud, financial crimes, securities fraud and insider trading, public corruption, price gouging, 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. 

COVID-19 Response Team Primary Contacts

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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.

COVID-19 Response Team Primary Contacts

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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.

Primary Contacts: Financial Restructuring/Commercial Loans/Forebearances

Primary Contact: Bankruptcy/Receiverships

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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.

COVID-19 Response Team Primary Contact

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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.

COVID-19 Response Team Primary Contacts

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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.

COVID-19 Response Team Primary Contacts

First Party Coverage

Third Party Coverage

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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.

COVID-19 Response Team Primary Contacts

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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.

COVID-19 Response Team Primary Contact

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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.   

COVID-19 Response Team Primary Contacts

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To keep you informed, we have developed alerts on the following topics. You can see the full list of these alerts in chronological order on the right-hand side of this page.

 

Practice Area

Alert

Banking/Finance

Federal Regulators Issue Pandemic Preparation Guidance for Banks, COVID-19 Response Alert, March 11, 2020

SEC Extends Conditional Exemptions From Reporting and Proxy Delivery Requirements for Public Companies, Funds, and Investment Advisers Affected by Coronavirus, COVID-19 Response Alert, March 30, 2020

Bankruptcy

Is a Bankrupt Small Business Eligible for a Small Business Loan Under the Paycheck Protection Program?, COVID-19 Response Alert, May 6, 2020

Consumer Protection/Price Fixing/Price Gouging  Antitrust Considerations for Competitor Collaboration in the Face of Disruptions Caused by the Coronavirus Outbreak, COVID-19 Response Alert, March 13, 2020

Contracts & Force Majeure

Key Legal Considerations for Event Cancellations, COVID-19 Response Alert, March 10, 2020

The Potential Application of Force Majeure, Frustration of Purpose, and Impossibility of Performance Defenses to Retail Leases, COVID-19 Response Alert, April 1, 2020

New York - Limiting Construction Risk from the COVID-19 Outbreak Through Force Majeure Clauses, COVID-19 Response Alert, April 3, 2020

Contractual & Commercial Litigation Disputes

Commercial Eviction Moratoriums for California, Cities and Counties of Los Angeles and San Francisco, and HUD, COVID-19 Response Alert, March 30, 2020

Cybersecurity & Online Threats

ALERT: COVID-19 / Coronavirus-Related Ransomware and Phishing Attacks, blog post, March 13, 2020

OCR Announces HIPAA Telehealth Security Waiver in Response to COVID-19 Pandemic, blog post, March 20, 2020

Accounting Firm Vulnerability During Tax Season – Now Extended to July 15, blog post, April 16, 2020

Environmental

Environmental Compliance Worries in the Time of Coronavirus, COVID-19 Response Alert, March 18, 2020

Government Regulations

Federal Aid Package Presents Opportunities for American Businesses Impacted by Coronavirus, COVID-19 Response Alert, March 20, 2020

Essential Business Operations: a High-Stakes Question Under Proliferating “Stay at Home” Orders, COVID-19 Response Alert, March 27, 2020

CARES Act Provides Immediate Lifeline for Small Businesses, COVID-19 Response Alert, March 27, 2020

The PREP Act and Liability Immunity During the Coronavirus Outbreak, COVID-19 Response Alert, March 30, 2020

Coloradans to Stay at Home in Response to COVID-19, COVID-19 Response Alert, March 31, 2020

CARES Act Paycheck Protection Program for Small Business Loans - New Guidance for Key Provisions, COVID-19 Response Alert, April 3, 2020

Federal Reserve and Treasury Announce $1.1 Trillion in COVID-19 Relief Loan Programs for Small & Mid-Size Businesses, and States & Municipalities, COVID-19 Response Alert, April 10, 2020

CARES Act Borrowers Beware - The Past is Prologue, COVID-19 Response Alert, April 23, 2020

Treasury Department Guidance on Small Business Loan Program: Well-Financed Borrowers Need Not Apply, COVID-19 Response Alert, April 23, 2020

CARES Act 3.5 Provides Additional Funding for Small Business and Healthcare Relief Programs, COVID-19 Response Alert, April 23, 2020

Federal Reserve Board Expands Scope and Eligibility of Main Street Lending Program But Still Provides No Start Date, COVID-19 Response Alert, May 4, 2020

CARES Act Borrowers Beware - Prosecutions Are Beginning, COVID-19 Response Alert, May 6, 2020

Healthcare/Long-Term Care/Regulatory

CMS Issues Memo Regarding Spread of Coronavirus in Nursing Homes, COVID-19 Response Alert, March 5, 2020

HHS Announces Telehealth Expansion Measures in Response to Pandemic, COVID-19 Response Alert, March 18, 2020

Important Updates for the Healthcare Industry: Long-Term/ Skilled Nursing Care, Healthcare Providers, and Dialysis Centers, COVID-19 Response Alert, March 23, 2020

Key Funding Provisions for Healthcare Providers in the Coronavirus Response, COVID-19 Response Alert, April 14, 2020

Healthcare Provider Funding Update, COVID-19 Response Alert, April 30, 2020

Insurance Coverage

NYDFS Issues Call for Special Report on Interrupted Business Coverage from All Authorized Commercial Property & Casualty Insurers, COVID-19 Response Alert, March 12, 2020

New Jersey Legislature Considering Bill Regarding COVID-19 Business Interruption Claims Expressly Excluded by ISO "Virus" Exclusion, COVID-19 Response Alert, March 15, 2020

New Jersey Assembly Passes Legislature Regarding COVID-19 and Business Interruption Claims, COVID-19 Response Alert, March 18, 2020

State of Washington Office of Insurance Commissioner Issues “Special Data Call” to All Authorized Commercial Property and Casualty Insurers, COVID-19 Response Alert, April 1, 2020

Intellectual Property

Trademark Registrations Are No Place For Pandemic Opportunism, blog post, March 23, 2020

Obtaining Injunctive Relief During the Coronavirus Pandemic–Challenging But Not Impossible, COVID-19 Response Alert, April 2, 2020

Trademark Lawsuits Used to Stop Exploitative Pricing Markup of Protective COVID-19 N95 Masks, blog post, April 29, 2020

Labor & Employment

Coronavirus – Employers, Be Smart! Be Prepared, blog post, February 13, 2020

A Quick Guide for Oregon Employers, COVID-19 Response Alert, March 11, 2020

Colorado Temporarily Requires Employers to Provide Sick Leave While Awaiting COVID-19 Testing, blog post, March 12, 2020

The Families First Coronavirus Response Act Creates Significant New Rights to Paid Employee Leave, COVID-19 Response Alert, March 16, 2020

U.S. Department of Labor Issues FAQs Regarding the FLSA and FMLA During Public Health Emergencies, COVID-19 Response Alert, March 18, 2020

What an Employer May Screen in the Time of COVID-19, blog post, March 18, 2020

The Families First Coronavirus Response Act Passes, Creating Significant New Rights to Paid Employee Leave, COVID-19 Response Alert, March 20, 2020

OSHA and the Coronavirus, COVID-19 Response Alert, March 20, 2020

Temporary Suspension of Cal-WARN Act 60-Day Advance Notice Requirement Amid COVID-19 Crisis, COVID-19 Response Alert, March 23, 2020

The EEOC Chimes In Concerning How to Navigate the Americans with Disabilities Act in a Pandemic Context, COVID-19 Response Alert, March 23, 2020

Oregon Issues “Stay Home, Save Lives” Order Closing Many Businesses, COVID-19 Response Alert, March 24, 2020

Closings or Layoffs in Response to Coronavirus May Trigger the Federal WARN Act Notice Requirement, COVID-19 Response Alert, March 25, 2020

Shelter-in-Place and Non-Essential Business Closure Orders – What Employers Need to Know Now, Part I, COVID-19 Response Alert, March 25, 2020

Shelter-in-Place and Non-Essential Business Closure Orders – What Employers Need to Know Now, Part II, COVID-19 Response Alert, March 25, 2020

The Latest Development for New York Employers - New Sick Leave Law & State Executive Orders, COVID-19 Response Alert, March 27, 2020

What New Jersey Employers Need to Know About Coronavirus-Era Operations, COVID-19 Response Alert, April 1, 2020

Pennsylvania Amends Unemployment Compensation Law in Response to COVID-19 Pandemic, COVID-19 Response Alert, April 3, 2020

Safety Measures Briefing - Taking Employees’ Temperatures, Part I, COVID-19 Response Alert, April 14, 2020

Pennsylvania Businesses That Are Permitted to Maintain In-Person Operations During the COVID-19 Pandemic Must Comply with Additional Protocols, COVID-19 Response Alert, April 21, 2020

Money for Nothin’ (If You’re Eligible): A Pandemic Response That ‘CARES’, blog post, April 22, 2020

Illinois Business Coalition Files Suit Against State's WC Commission Over Emergency Amendment, COVID-19 Response Alert, April 23, 2020

New Jersey Amends Its Mini-WARN Act in Light of the Coronavirus Pandemic, COVID-19 Response Alert, April 27, 2020

California Governor and Cities Expand COVID-19 Paid Sick Leave, COVID-19 Response Alert, April 27, 2020

What the EEOC Wants Employers to Know About Disability Accommodation Requests, Harassment, and Returning to Work in the Current COVID-19 Landscape, COVID-19 Response Alert, April 30, 2020

New Jersey Amends Leave Laws in Response to COVID-19 Pandemic, COVID-19 Response Alert, May 1, 2020

Safety Measures Briefing – Returning to Work, Part II, COVID-19 Response Alert, May 1, 2020

EEOC Provides Guidance for Businesses Contemplating Return-to-Work Policies and Procedures, blog post, May 6, 2020

New York City Council Proposes Essential Workers’ Bill of Rights, blog post, May 8, 2020

Tax Implications

Tax Update - IRS Filing & Payment Deadlines Postponed Until July 15, COVID-19 Response Alert, March 23, 2020

Tax Update - Using CARES to Conserve or Generate Cash, and Other Changes to Federal Tax Law, COVID-19 Response Alert, March 31, 2020

Tax Update - Businesses Can Claim Tax Refunds and Revisit Previous Tax Elections Based on CARES Act, COVID-19 Response Alert, April 24, 2020

Tax Update - IRS Disallows Tax Deductions for Expenses Paid from Forgiven Payroll Protection Loans, COVID-19 Response Alert, May 1, 2020

Trial & Appellate

Our New York Trial Team's Commitment to Continued Service During the Outbreak, Announcement, March 18, 2020

An Update on NY Courts from Lewis Brisbois' New York Appellate Team, Announcement, March 27, 2020

Tips for Effective "Virtual" Mediations, COVID-19 Response Alert, April 9, 2020

An Update on NYS Courts from Lewis Brisbois' New York Trial & Appellate Team, Announcement, April 9, 2020

Governor Cuomo Issues Newest Executive Order Extending the Tolling of Civil Laws and Deadlines, COVID-19 Response Alert, May 8, 2020