COVID-19 Response Resource Center

Practice Area

COVID-19 Response Resource Center

Every passing day brings new reports of novel coronavirus (COVID-19) cases and increasingly profound impacts on communities and businesses, with all parties scrambling to understand the legal consequences of these developments. Insurance, labor and employment, healthcare, and many other issues are erupting in a widening circle of legal disciplines. 

These issues are complicated and the situation is evolving rapidly. To assist clients in benefiting from Lewis Brisbois’ multi-disciplinary, coordinated expertise, we have formed a COVID-19 Attorney Response Team for the specific purpose of addressing the needs of businesses that are facing issues arising from the COVID-19 outbreak. Members of this new team have deep expertise advising on contractual matters, including force majeure clauses, business interruption plans, supply chain issues, regulatory concerns, government relations, cybersecurity and crisis management, elder care, and labor and employment issues, including employee privacy issues under the Health Insurance Portability and Accountability Act (HIPAA).

Although the COVID-19 outbreak was unexpected and remains unpredictable, it does provide businesses with opportunities as well as challenges. Our attorneys are available to advise on these critical issues and to help businesses manage risk and determine the most appropriate way to proceed, whether with litigation, negotiations to reach mutual agreements, or other means to resolve disputes.

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.

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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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 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

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

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

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

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

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

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

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

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

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