The Road to Recovery

The Duane Morris COVID-19 Strategy Team is advising clients on all aspects of the legal issues and implications of the COVID-19 (coronavirus disease 2019) pandemic including contractual, employment, insurance and healthcare issues. Our attorneys are fielding inquiries and providing advice in a wide range of areas, including human resources, travel and transportation, immigration and border entry, hospital and healthcare operations, medical and pharmaceutical supply, FDA, food handling and preparation, OSHA, ADA compliance, data privacy, HIPAA, environmental and EPA, international transactions, shipping, supply chain and logistics, financial reporting, insurance liability, real estate issues, including landlord and tenant matters, and all types of contracts and quasi-contracts. Duane Morris has established a blog dedicated to COVID-19 issues and is distributing Alerts and sharing information via webinars and media interviews.

Contractual

Contractual and quasi-contractual obligations are thrown into upheaval in the extreme circumstances of a pandemic. An unexpected and/or insurmountable obstacle in any part of a supply chain can have a devastating impact on a business’ ability to deliver on its promises. Well-written contracts can, at least, minimize problems. Poorly written contracts can expose businesses to levels of liability so severe that their very survival might be at stake. Duane Morris attorneys advise clients before, during and after crises to minimize risk, business disruption and disputes.

Employment

Employers are on the front lines of any outbreak, immediately faced with making decisions to simultaneously protect their workforce and their business while still delivering what their customers expect and deserve. Our Employment, Labor, Benefits and Immigration lawyers advise clients on all aspects of employer planning, sick leave and other policies, operations, liability, domestic and international travel and entry, scheduling changes, shutdowns and quarantines.

Healthcare

Nothing is more important than providing care to the sick and preventing illness in others, but in times of an expanding outbreak, the healthcare system’s ability to treat patients can be stretched beyond its limits. At the same time, hospitals and governments must quickly pivot to minimize a disease’s impact on their communities. The lack of space, staff and essential supplies are just some of the existential threats that healthcare providers face. Duane Morris attorneys have been advising on preparations in the months prior to the pandemic reaching the United States and continue to counsel hospitals, health systems and others daily as the situation rapidly evolves.

Education

Colleges, universities, and K-12 schools are determining how to continue operations during the COVID-19 pandemic. Institutions must protect employees, students, residents and the community at large while delivering education in a way that complies with quickly changing federal, state and accreditor regulations. Attorney in Duane Morris' education industry team are poised to aid these institutions on transitioning to a temporary distance education model based on guidelines set by the Department of Education and various regulatory bodies, and also other fronts. 

Insurance

The level of claims and losses coming out of the COVID-19 pandemic may be unprecedented. From the inability to fulfill contractual obligations to cancellations and closures for the sake of public health, the financial impact―and the insurance industry’s role within that―will be interpreted and contested for years to come. Specific terms, conditions and provisions in policies are immeasurably consequential. We have many lawyers who have dedicated their careers to insurance coverage and the disputes that can follow, advising clients attempting to prepare for the unforeseen and managing the aftermath of the unforeseeable in the U.S., UK and around the world.   

Regulatory

In the first few months of the COVID-19 outbreak, multiple regulatory agencies and governing bodies have revised requirements, both temporarily and permanently, in attempts to help the public and minimize adverse situations that will inevitably develop. This will continue to evolve at both the federal and state level. The FDA, USTR, Federal Reserve, FDIC, CFPB, OCC, SEC, CPSC, U.S. Department of Education and others have made changes or announcements that can impact whether businesses are in compliance or are staying compliant. Duane Morris attorneys know the specifics of these changes and how these regulatory bodies operate, and counsel clients on how to prioritize their next steps in this unfolding situation.

Tax

This tax season is like no other, with IRS, state governments and taxing entities around the world making sweeping changes to deadlines and requirements. Duane Morris attorneys focusing on international, federal, state and local tax issues are counseling clients on what they need to do now and going forward, while the CPAs and other professionals in Duane Morris’ Tax Accounting Group are providing tax preparation, planning and consulting services in this unique and rapidly changing environment.

Litigation

The COVID-19 pandemic will likely spawn an outbreak of litigation, as the disease impacts and disrupts nearly every aspect of the economy. New disputes will emerge from a wide spectrum of areas, including products liability, mass and toxic torts, insurance coverage, employment, white-collar, securities law, intellectual property, commercial contracts and class actions. The attorneys in Duane Morris’ Trial Practice Group have the industry-specific litigation experience needed to help clients pursuing or facing litigation in the aftermath of COVID-19. We are exceptionally well-suited to large-scale litigation and national coordinating counsel positions having taken the lead in these roles in the past.

For More Information

For more information, contact a member of the Duane Morris COVID-19 Strategy Team or the attorney at the firm with whom you are in regular contact.

 

 

The Duane Morris COVID-19 Strategy Team has compiled the following links to relevant information regarding state, national, and foreign responses to the COVID-19 crisis. If you have specific questions about the impact of government actions or about a jurisdiction that is not addressed, please contact a member of the Duane Morris COVID-19 Strategy Team [link] or the attorney at the firm with whom you are in regular contact.

Alabama: Info | Executive Actions

Alaska: InfoExecutive Orders

Arizona: Info | Executive Orders

Arkansas: InfoExecutive Orders

California: InfoExecutive Orders

Colorado: Info | Executive Orders

Connecticut: InfoExecutive Orders

Delaware: InfoExecutive Orders

Florida: Info | Executive Orders

Georgia: InfoExecutive Orders

Hawaii: Info | Executive Orders

Idaho: Info | Executive Orders

Illinois: Info | Executive Orders

Indiana: InfoExecutive Orders

Iowa: InfoExecutive Orders

Kansas: InfoExecutive Orders

Kentucky: InfoExecutive Orders

Louisiana: InfoExecutive Orders

Maine: InfoExecutive Orders

Maryland: InfoExecutive Orders

Massachusetts: InfoExecutive Orders

Michigan: InfoExecutive Orders

Minnesota: InfoExecutive Orders

Mississippi: InfoExecutive Orders

Missouri: Info | Executive Orders

Montana: Info | Executive Orders

Nebraska: InfoExecutive Orders

Nevada: InfoExecutive Orders

New Hampshire: Info | Executive Orders

New Jersey: Info | Executive Orders

New Mexico: Info | Executive Orders

New York: Info | Executive Orders

North Carolina: Info | Executive Orders

North Dakota: Info | Executive Orders

Ohio: Info | Executive Orders

Oklahoma: Info | Executive Orders

Oregon: Info | Executive Orders

Pennsylvania: Info | Executive Orders

Rhode Island: Info | Executive Orders

South Carolina: Info | Executive Orders

South Dakota: Info | Executive Orders

Tennessee: Info | Executive Orders

Texas: Info | Executive Orders

Utah: Info | Executive Orders

Vermont: Info | Executive Orders

Virginia: Info | Executive Orders

Washington­: Info | Executive Orders

West Virginia: Info | Executive Orders

Wisconsin: Info | Executive Orders

Wyoming: Info | Executive Orders

International Resources

China

Firm Publications

From 16 March, All International Arrivals in Beijing will be Subject to 14-Day Quarantine in Designated Places at Their Own Expense

Ministry of Foreign Affairs News

Hong Kong

Firm Publications

Government Guidelines

India

Contact: Priyank Srivastava

Annexure to Ministry of Home Affairs Order No 40-3/2020-D

Travel and Visa Restrictions Related to COVID-19

Important Information, including State/UT Updates

Indonesia

Contact: Luis Duhart

Cabinet Secretariat

Additional Measures of the Indonesian Government in Relation to Covid-19 Response

Information and Travel Guidance

Japan

Coronavirus (COVID-19) advisory information

Coronavirus Disease 2019 Information and Government Measures

Basic Policies for Novel Coronavirus Disease Control (April 7)

Malaysia

Contact: Caroline Mollica

Myanmar

Contact: Priyank Srivastava

Firm Publications

Philippines

Contact: Caroline Mollica

Bayanihan to Heal As One Act

Department of Health Updates

Singapore

Contact: Daniel Soo

Firm Publications

Updates on COVID-19

COVID-19 Updates and Announcements

COVID-19 (Temporary Measures) Act 2020

Taiwan 

Contact: Tina Kao

 COVID-19 Regulations

Taiwan to bar foreign nationals from entering the country starting March 19

Thailand

Contact: Luis Duhart

Corona Virus Disease Travel Guidance

Measures under the Communicable Diseases Act B.E. 2558 (2015) to control the Coronvirus Disease 2019

Regulation Issued Under Section 9 of the Emergency Decree on Public Administration in Emergency Situations

Vietnam

Contact: Giles T. Cooper

Social Distancing Extended Locally

FIrm Publications

VN halts entry to all foreigners due to COVID-19

Doing Deals in the COVID-19 Era Webinar Series

With the ongoing coronavirus (COVID-19) outbreak, businesses have taken dramatic measures to restrict or eliminate in-person meetings and gatherings. But what happens when transactions still need to close according to schedule? Learn about the necessary documents that need to be signed and notarized in this new era of social distancing and working remotely. Please visit the event page for more information.

COVID-19 Screenings: Employment, Healthcare and Regulatory Perspectives

As states coordinate the reopening of the country, employers are planning how to respond to requirements and restrictions in order to resume business activities. Among many factors, this includes COVID-19 screenings, which present a wide range of implications. This webinar discusses the COVID-19 screening process from different legal perspectives. Please visit the event page for more information.

Doing Deals in the Land of OZ: How Deals Are Going - Lending and Construction Loans in the COVID-19 Era

On December 19, 2019, the U.S. Treasury Department and the IRS issued final regulations implementing the Opportunity Zones (OZ) tax incentive. The final regulations provide helpful clarity for Opportunity Funds and eligible Qualified Opportunity Zone businesses in determining qualification and applying specific rules for their real estate and business investments in OZs. OZ funds with capital to deploy have both opportunities and questions—especially the latter, now that the COVID-19 pandemic has changed the way business is done.  Please visit the event page for more information.

Improving the Prognosis: Addressing COVID-19 Induced Stress at Your Institution

Governing boards, leadership and general counsel of institutions of higher education have fiduciary and legal obligations to assess threats and safeguard the long-term health of the educational institutions they serve. The COVID-19 pandemic is a once-in-a-century event, creating unprecedented financial and operational challenges that have shaken even the healthiest institutions to their cores. This webinar assists institutional leadership in assessing the current situation, developing a path forward, identifying and overcoming challenges, and increasing the chances for success.

Cannabis 303: Civil Litigation and COVID-19 Implications for the Cannabis Industry: An Unavoidable Consequence of a Maturing U.S. Cannabis Market

The maturing cannabis industry mirrors other U.S. industries in many ways including, with increasing frequency, the use of civil litigation to resolve disputes and reward injured parties. However, given the cannabis regulatory structure, cannabis-focused civil litigation raises unique issues. This webinar highlights the growing number and various types of civil litigation matters that are being filed in the cannabis industry, including CBD-related products liability and consumer fraud cases, performance-related securities litigation, operator partnership disputes, breach of commercial contracts such as supply agreements, trademark infringement actions and employment litigation matters. In addition, given that commencing and resolving commercial litigation is a financial decision as much as anything, this webinar also covers the heightened stakes for cannabis businesses in light of the economic impact of COVID-19.

How COVID-19 Is Affecting Life Sciences and Medical Technologies

Duane Morris partners discuss how the life sciences and medical technologies industry is responding and adapting to the COVID-19 pandemic. Topics include: FDA’s Emergency Use Authorizations (EUAs) for devices and diagnostics testing policies; Public Readiness and Emergency Preparedness Act (PREP Act) immunity from liability; implications on intellectual property, such as patent strategy, in biotechnology and pharmaceuticals; and license and collaboration agreements in the wake of COVID-19.

Cannabis 302: The Impact of COVID-19 on the California Cannabis Market

A discussion on how California cannabis companies are adjusting to the COVID-19 pandemic by way of operational changes, such as increasing curbside and home delivery and seeking alternative sources of revenue, while responding to lease issues in relation to various eviction moratoriums and other matters.