OVERVIEW

Coronavirus Insights

Since the outbreak of a new coronavirus, COVID-19, began in early December 2019, it has spread around the world and has had an increasing effect on businesses. Barnes & Thornburg attorneys have been working with clients as they assess the impact of this pandemic on their businesses.

OVERVIEW
EXPERIENCE
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INSIGHTS & EVENTS
ADDITIONAL RESOURCES

As the global health crisis worsens, we are engaged in helping clients across virtually all practice areas and legal services to help with the operational, regulatory, legal and government concerns that may arise while evaluating business continuity issues during these uncertain times.

Check back for continual updates as part of Barnes & Thornburg’s coverage regarding important COVID-19 coronavirus topics and resources for businesses.

Here for You – Now More Than Ever

The COVID-19 crisis is creating daily developments that challenge your business platform. You need immediate answers to urgent questions and Barnes & Thornburg is here for you on these and other coronavirus-related issues.

COVID-19 Related Services:

Benefits and Compensation

See our group's latest insights: Alerts

Amendments to health plans to expand COVID-19 coverage
Payment of COVID-19 expenses by high-deductible health plans
Availability of hardship withdrawals under defined contribution plans
Application of unemployment benefits for employees of self-insured and insured companies
Recovery of healthcare premiums
Implementation of an emergency paid leave policy
Impact of employee layoffs and reduced hour arrangements on group health plans, disability and life insurance plans, flexible benefits plans, qualified and nonqualified retirement plans and all other employee benefit plans
Amendments to employer contribution provisions in qualified retirement plans
Amendments to freeze qualified retirement plans
Modifications to qualified plan loan policies to permit repayment through means other than payroll deduction and to clarify refinance opportunities
Application of severance plan benefits to employee layoffs
Drafting and advising on supplemental unemployment compensation plans
Short term disability benefits and paid leave coordination
Tax credits for paid leave
Social Security Tax and paid leave

Corporate

See our group's latest insights: Alerts | Webinars

Material contracts regarding force majeure, impossibility of performance and termination events
Material adverse change and similar provisions in M&A and other agreements
Options outside of enforcing contractual rights
Strengthening contractual protections for the future
Analysis of applicable law, including Uniform Commercial Code (UCC) and the United Nations Convention on Contracts for the International Sale of Goods (CISG)
Tax relief and filing deadline extensions
SEC disclosures required by COVID-19 related matters
SEC hardship relief to public filers and registered investment advisers
Virtual shareholder meeting planning
Business succession and interruption planning for COVID-19
Effect of COVID-19 on private capital formation and equity fundraising activities
IT/SaaS Agreements including scope of license, business continuity, disaster recovery, and service level agreements
Deferred payment of Customs duties due to COVID-19

Data Privacy & Security

See our group's latest insights: Alerts

Counseling for COVID-19 related phishing scams
Remote login vulnerability for company networks
Security of company and personal networks
Unsecured Wi-Fi network usage

Employment and Labor

See our group's latest insights: Alerts | Webinars | Currents Employment Blog | Labor Relations Blog | Workplace Litigation Tracker

Leaves of absence
FMLA implications
Forced use of paid time off
WARN Act notices
Counseling on large-scale employee layoffs or furloughs
Reimbursement for remote working arrangement expenses
Employee communication
Privacy concerns related to infected employees
Conducting on-site employee medical screenings
Americans with Disabilities Act (ADA) issues
Wage issues, including salary adjustments
National Labor Relations Act and collective bargaining issues
Occupational Safety and Health Administration (OSHA) obligations
Remote work arrangements and compliance requirements
Review of general employer FAQs and protocols
Work hygiene in accordance with CDC recommendations
Drafting of form letters for employees to carry to work under stay at home orders

Environmental Law

See our group's latest insights: Webinars | Environmental Law Blog | Environmental COVID-19 Checklist

Environmental permit requirements
Regulatory compliance issues
Agreed Order and Consent Decree obligations
USEPA and state agency guidance and communications
Extension requests to regulatory agencies
Emergency response planning and implementation
Utility and wastewater treatment plant operations
Environmental insurance policy analysis

Finance, Lending and Debt

See our group's latest insights: Alerts | Webinars

Forbearance programs and emergency preparedness for lenders
SEC hardship relief to registered investment advisers
Review of liquidity provisions in anticipation of continued market volatility
Collateral and perfection reviews
Bankruptcy issues, such as the automatic stay and obligations with executory contracts
Deposits and letters of credit for additional security
CARES Act and new SBA emergency financing programs
Executory Contract Analysis in zones of insolvency or in anticipation of bankruptcy
Directors and officers fiduciary and liability issues
Distressed asset sales and acquisitions
Main Street Loan Program counseling

Government - Local, State and Federal

See our group's latest insights: Alerts

Defense Production Act of 1950 and its impact
Emergency federal funding measures approved to aid COVID-19 pandemic
Industry-specific relief in economic stimulus packages
Temporary relief from the administration’s China “Section 301” tariffs
Mayoral authority and enforcement of new guidelines and executive orders
State-specific tax relief for businesses
State-specific executive brand advocacy related to gubernatorial executive orders including exemptions and essential business designation
Counseling on gas and electric utilities, broadband, telecommunication, water and wastewater service obligations as imposed by federal and state authorities

Healthcare Law

See our group's latest insights: Alerts

Telehealth services programs
HIPAA compliance and disclosures
Advising providers on employer-related issues
Provider responsibilities in long-term care facilities
Medico-ethical issues and resource allocation planning
Communication planning for hospitals and physicians
Coordination of pandemic emergency plans for patient care services
Compensation compliance and hospital/physician relationships

Immigration

See our group's latest insights: Webinars

Securing authorization for foreign national employees outside the U.S. to return
Nonimmigrant work visa extensions and/or employment authorization documents
Individuals in the U.S. under Visa Waiver Program whose visas run out, but they cannot leave due to COVID-19 exposure or illness
Remote employment of H-1B workers
Remote creation of I-9 forms
Electronic System for Travel Authorization counseling
Obtaining visas at U.S. Consulates for anticipated personnel transfers

Insurance Recovery

See our group's latest insights: Alerts | Webinars | Policyholder Protection Blog

Business interruption losses due to government-ordered closures
Insurance coverage issues including property damage, business interruption, event cancellation, crisis management coverage, and communicable disease interruption coverage
Notice consideration – when to notify insurance company of a claim

Intellectual Property

See our group's latest insights: Alerts | Webinars

Trademark application extensions
Prior art search on COVID-19 vaccines and innovations
File new patent applications related to COVID-19 medical devices
IP litigation issues related to COVID-19
Advertising and digital marketing, including issues related to seminars moving into the digital space
Mask and respirator FDA product review

Litigation

See our group's latest insight: Alerts | Webinars

Commercial and contract litigation
Healthcare litigation
Mass torts
Consumer class actions
Employment litigation
Workplace class and collective actions
SEC guidance regarding disclosure and other securities law obligations
Private securities litigation
White collar criminal defense and government enforcement litigation
Personal injury and wrongful death
Litigation avoidance and risk mitigation counseling

Real Estate and Construction

See our group's latest insights: Real Estate Webinars | Building the Case Construction Blog

Inspection period expirations for pending purchase/sale transactions
Construction renovation delays
Reviewing leases to determine remedies to cease operations or abate rent payments
Analyzing fund documents and Opportunity Zone regulations to determine flexibility of interim investments
Tax relief legislation
Contractual timelines
Extending closings or contract periods due to delays
Tenant rent relief options

Agriculture & Food

Documentation requirements for agriculture and food industry employees regarding their “critical employment”
Human resources and employment-related issues
Considerations for particular ag and food related businesses as “essential enterprises”
COVID-19 related regulatory questions at the local, state and federal level
Financial assistance for food and agricultural companies and for farmers
Import and export inquiries for food and agricultural products during a global pandemic

Aviation and Airports

See our group's latest insights: Alerts

Sample collection related to environmental permits
Transportation limitations affecting contractors getting to and working at airports
Air quality and types of air filtration related to public health concerns
Preparation should airlines file for bankruptcy

Education

See our group's latest insights: Webinars | Higher Education Checklist

Governance, attendance, and open door law and public access issues
Collegiate athlete eligibility issues
Universities and colleges loss of revenue due to cancelled events
Employment authorization documents for F-1 visa students
Athletic department management recovery
Event and venue management issues
Student-athlete health and wellness

Hospitality Industry

Contract review for event cancellation
Paid time off policies
Public announcements regarding COVID-19 impact
Supply disruptions, including analyzing contracts and cash flow
Reductions in force
Bargaining over layoffs with unions

Franchise Law

See our group's latest insights: Alerts

Review franchise agreements to assess implications of modification or suspension of contractual rights and obligations
Analyze effects of federal, state and local bans on different types of franchised businesses
Triage legal issues such as labor and employment and leases