Tag Archives: Legal Update

Making Rhyme or Reason out of Reopening

Most states and U.S. territories have now begun reopening at least parts of their economies.  The reopening efforts purport to follow a three-phase White House plan, even though not many states have met the plan’s benchmarks, including a “downward trajectory” in coronavirus cases.  The White House guidelines are not mandatory.  Rather, they advise governors to take … Continue Reading

Managing Distressed Customer Relationships

In the wake of the COVID-19 pandemic, we often are asked what our clients should do if a business counterparty (such as a vendor, customer or other contract counterparty) is suffering distress and may be contemplating filing for bankruptcy.  It is, of course, impossible to anticipate every possible scenario, but our colleagues in the Restructuring … Continue Reading

Employer’s Guide to Return-to-Work Issues: COVID-19 Public Health Emergency

The coronavirus disease 2019 (COVID-19) public health emergency has changed life as we know it, including by severely disrupting business on a nationwide scale. In some cases, employers have been forced to temporarily close their doors and cease operations, while others have had to make radical changes to the workplace in order to maintain operations. … Continue Reading

Global Supply Chains In The Wake Of COVID-19 In Socially Critical Industries – Is It Time To Reshore?

As countries, economies, and businesses adjust to life in the COVID-19 era, many governments have started to ask questions about the wisdom and longer term implications of allowing key components of socially or economically critical products like pharmaceuticals, medical devices, and defense products to be sourced beyond domestic borders. One key area of concern – … Continue Reading

Serving and Receiving Legal Notices in the Context of COVID-19 – UK

Businesses have been adopting unusual and novel practices to ensure their operations can continue during the period of the COVID-19 outbreak.  The lockdown has forced many businesses to temporarily (or in some cases permanently) close down offices and other premises, and divert attention to remote working and the utilization of workforces predominantly working from home. … Continue Reading

Considerations for Schools and Universities that Manufacture or Supply PPE

In the ultimate act of service learning, many universities and schools have shifted their focus during the COVID-19 crisis to manufacturing personal protective equipment (“PPE”) or providing PPE supplies to the local medical community and first responders. Colleges and schools across the country are using 3D printers to make masks, face shields, and ventilators. Many … Continue Reading

My Company Wants to Manufacture PPE to Protect Against COVID-19… But Are We Protected?

As COVID-19 continues to spread rapidly across the globe, we have witnessed an unprecedented amount of altruism and goodwill across the supply chain. With a dearth of hand sanitizer, ventilators, medicine, gloves, masks, and other personal protective equipment (“PPE”) that is desperately needed to combat COVID-19, numerous businesses have rallied and responded to the call … Continue Reading

CARES Act Financial Assistance to Business Enterprises, States and Municipalities

After much anticipation, the Board of Governors of the Federal Reserve (“Federal Reserve”) on April 9, 2020 announced additional actions “using its full range of authorities” to provide US$2.3 trillion of credit to a wide variety of business enterprises, States and municipalities. The Federal Reserve’s actions in support of existing and new programs, as described … Continue Reading

Considerations for Companies Interested in Manufacturing Hand Sanitizer to Fight Against COVID-19

As the COVID-19 pandemic continues, many businesses are manufacturing essential public health and/or medical supplies that are now in high demand.  Companies around the world—from global luxury brands like Dior and Givenchy to local distilleries throughout the United States—have been switching their alcohol-based product lines from the manufacturing of products such as perfume and spirits … Continue Reading

Webinar: Tools to Navigate the Financial Crisis Related to COVID-19

Our colleagues, Hon. John A. Boehner, Karol Denniston, Ed J. Newberry, and Stephen D. Lerner, will be joining the American Bankruptcy Institute (ABI) and FTI Consulting professionals for a webinar deciphering the most recent federal stabilization programs and developments and providing unique and practical advice for business leaders and professionals. The panel will also discuss how … Continue Reading

Coronavirus (COVID-19) Update – Legal Issues in Germany

As world leaders respond to the COVID-19 pandemic, businesses around the world have been forced to adapt.  Our colleagues in Germany, Dr. Jens Rinze, Martin H. Falke, Dr. Christian Bleschke, Tanja Weber, Dr. Andreas Fillmann, Markus Schmucker, Jörg Staudenmayer, and Siemer Krümpelmann, have prepared a comprehensive overview of the key legal issues for businesses with … Continue Reading

CARES Act – Economic Assistance to Business Enterprises, States and Municipalities & Securing Stimulus Funding for Small Businesses

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020.  The CARES Act includes a range of extensive loan and grant programs that are vital to businesses across the country, including some US$500 billion in funding for the Department of Treasury that is expected to … Continue Reading

Coronavirus (COVID-19) Update: Trade, Supply Chains and Defense

As world leaders and healthcare professionals respond to the COVID-19 pandemic, businesses around the world have been forced to adapt to new restrictions, unpredictable supply chains and a limited workforce. For medical and pharmaceutical products, demand is high and the efficient movement of inputs is critical. For many other industries, dwindling consumer demand is already … Continue Reading

Impacts to Automotive Supply Chains from COVID-19

The outbreak of COVID-19 could be the most significant event to impact the US economy in generations with the potential for ripple effects in the automotive market and supply chain for years to come. Accordingly, OEMs and suppliers from all tiers may need to rethink the supply chain model, from sourcing of raw materials to … Continue Reading

Current Economic Relief Opportunities for US Small Businesses Impacted by the COVID-19 Outbreak in the CARES Act

On March 25, 2020, the Senate passed on a bipartisan basis the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020.  With more than US$2 trillion in total relief and US$350 billion in support for small businesses, this bill, if enacted, would represent the third phase of legislation intended to help families and companies … Continue Reading

Free For All, or All For One? The Medical Supply Chain and COVID-19

The impact of the COVID-19 pandemic on the global economy needs not restating. The saying “desperate times call for desperate measures” fits the current environment well. Governments throughout the world have instituted or are considering unprecedented measures to keep up with the demand for the medical products necessary to combat COVID-19.  Several such developments come … Continue Reading

Defense Production Act (DPA) and Defense Priorities and Allocations System (DPAS) – Substance and Process

On March 18, 2020, President Trump issued an Executive Order on prioritizing and allocating health and medical resources to respond to the spread of COVID-19 in the US, citing the Defense Production Act of 1950 (DPA), as amended (50 U.S.C. 4501 et seq.).  The DPA confers on the President, and his administration, a broad set … Continue Reading

US Policy Prognosis: The Legislative Response to COVID-19

With the rapid spread of coronavirus disease 2019 (COVID-19), commonly known as the “coronavirus” or COVID-19, lawmakers are proposing and voting on policies to aid people and industries affected by the virus. Several legislative packages have already been enacted, and our elected officials continue to negotiate bills to assist our communities and economy.  Our colleagues … Continue Reading

How Do I Know If What I Do Is An Essential Service?

Companies are asking whether, in the context of coronavirus disease 2019 (COVID-19) lockdowns, their business counts as an “essential service”.  Our colleague Matthew Kirk has prepared a client advisory that addresses this issue from a European perspective, gives a little background to what we see of governments’ approaches to this question so far, and suggests … Continue Reading

Restructuring Protections In A Time Of Coronavirus

“The problem in public life is learning to overcome terror…” ― Gabriel García Márquez, Love in the Time of Cholera There is significant information circulating about how businesses should respond to COVID-19 and overcome the fear and uncertainty about the virus and what comes next. It is easy to find articles about important matters regarding how to … Continue Reading

Coronavirus and US Litigation Involving Multinational Corporations

The globalization of business, combined with the rapid spread of the coronavirus disease 2019 (COVID-19), commonly referred to as the “coronavirus,” renders multinational corporations highly susceptible to litigation in US courts. US companies that have been damaged by COVID-19 issues will likely seek redress through litigation, and foreign businesses operating in the US must be … Continue Reading
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