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. Duane Morris also has compiled a guide for employers about issues related to reopening the workplace during the COVID-19 pandemic.

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.

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.

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.

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. 

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.

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.

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.

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.

Throughout the pandemic, Duane Morris attorneys have been at the forefront providing updates and guidance to our clients and our communities. Use the visual index below to sort the hundreds of targeted Alerts, articles and blog posts on the issues, impact and implications of COVID-19 on our lives and livelihoods.

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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 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: | 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

Mexico

Contact: Eduardo Ramos-Gómez, Rosa M. Ertze or Miguel de Leon Perez

Firm Publications

Brazil

Contact: Amauri G. Costa

CDC, DHS, White House and Other U.S. Government Updates

COVID-19: Navigating Forward Webinar Series

Duane Morris hosts a webinar series to review the rapidly evolving guidance and developments related to the COVID-19 pandemic. Our attorneys present on various topics affecting a wide range of industries and areas, including government and policy updates, privacy and data security implications of remote working, civil and criminal antitrust risks, contracts issues, healthcare disputes, products liability concerns, shareholder activism issues, consumer fraud and important court rulings. Please visit the event page for more information.

State of the Workplace in 2021: Reopening in a Partially Vaccinated Environment and the New Administration

In this webinar, Duane Morris Employment, Labor, Benefits and Immigration Practice attorneys examine the legal issues that employers will face as the workplace reopens, along with analysis of the Biden administration’s overhaul of federal labor law and the likely increased enforcement to follow. Please visit the event page for more information.

Let's Not Repeat History: Strategies to Support, Retain and Promote Diverse Attorneys During COVID-19

Presenters from Duane Morris LLP, NAPABA, The Belonging Project, LexisNexis® Risk Solutions Group, Hewlett Packard Enterprise, King & Spalding and Walmart Inc. shared how their organizations are working to support, retain and promote diverse attorneys, particularly Asian Pacific Americans, in these extraordinarily challenging times. Please visit the event page for more information.

Critical Care: Addressing Healthcare Disparities in Communities of Color

Duane Morris hosted the meeting, "Critical Care: Addressing Healthcare Disparities in Communities of Color," to share insights on the long-standing healthcare crisis in minority communities across the United States and the efforts underway to ensure equal access to quality healthcare for everyone. Please visit the event page for more information.

The Next COVID-19 Wave: False Claims Act Liability and Enforcement

Duane Morris attorneys provided guidance on government certifications, how to avoid common mistakes and false certifications and what to expect when facing a whistleblower complaint or internal investigation. Please visit the event page for more information.

COVID-19: From Sea to Shining Sea: A Quick Update of U.S. and International COVID-Related Restrictions

Duane Morris attorneys review the latest COVID-related restrictions throughout the United States and across the pond. Please visit the event page for more information.

The New Reality of Workplace Law and Practice in the COVID-19 Era

This series, presented by the Employment, Labor, Benefits and Immigration Practice Group, discusses the legal issues and challenges employers face as the COVID-19 pandemic transforms the workplace and life in general. Please visit the event page for more information.

Doing Deals in the Land of OZ: How the Pandemic Has Affected Your Deals

While the COVID-19 pandemic has greatly affected deal-making for lenders and investors, those with completed projects have gained crucial insight about what’s required for success. Tune in to hear tales from the frontline.Please visit the event page for more information.

Cannabis 306: Real Estate Investment in the Cannabis Industry

Duane Morris attorneys discuss the implications of real estate investment in the cannabis industry and whether there are opportunities during the COVID-19 pandemic. Please visit the event page for more information.

Doing Deals in the Land of OZ: Lessons Learned from GPs and LPs

As deals have moved forward and closed, despite setbacks posed by the COVID-19 pandemic, investors have gained crucial insight about what’s required for success. Please visit the event page for more information.

Cannabis 304: Investing in Cannabis in the COVID-19 Era

Duane Morris attorneys and industry professioals discuss  the state of the cannabis market and alternative funding sources for industry participants that have been unable to secure additional funding through the Paycheck Protection Program and Main Street Lending Program, despite being designated essential businesses. Please visit the event page for more information.

Doing Deals in the Land of OZ: Deals in Process – Emerging from the COVID-19 Shutdown

Even in the turmoil of the COVID-19 pandemic, deals have moved forward and even closed ‒ with some expected to make quick progress as local lockdowns are relaxed. Please visit the event page for more information.

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.

Duane Morris’ COVID-19 Strategy Team established the  Meals for Healthcare Heroes initiative to thank healthcare workers across the country. Funded by donations from Duane Morris attorneys and staff, the program provides meals to healthcare workers and supports local restaurants.

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