June 13, 2020

Assisting Small Businesses Impacted by the Coronavirus Pandemic

By: Mark Haut , Lexis Practice Advisor THIS ARTICLE ANALYZES THE SMALL BUSINESS Reorganization Act of 2019 (SBRA) 1 and the revisions to the SBRA contained in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). 2 The SBRA was enacted into law on August 23, 2019, and became effective on February 19, 2020. The CARES Act was signed into law on March 27, 2020. The SBRA contains significant changes to the...

June 13, 2020

Is there a Future for Retail after COVID-19: A Look at Modell’s and Pier 1 and Their Bankruptcy Proceedings

By: Heike M. Vogel and Eric H. Horn, A.Y. Strauss THIS ARTICLE DISCUSSES THE IMPACT OF THE COVID-19 pandemic on the retail industry and retail bankruptcy cases. Even before COVID-19, the retail industry was at the top of the bankruptcy watchlist. It was widely known that retailers were facing financial difficulties as they were unable to meet projected income targets partly because of tough competition by online giants...

April 10, 2020

LexisNexis Provides Free Access to Coronavirus News, Analysis Across the Globe

LexisNexis is taking steps to keep the public informed during the coronavirus/COVID-19 pandemic by providing free access to information and resources around the world through company platforms and outlets. Key among the resources are the Lexis Practice Advisor Coronavirus (COVID-19) Resource Kits and Law 360’s free access to breaking news about the virus. The Resource Kits, repositories of practical guidance...

April 10, 2020

Employers Confront Their Obligations as Coronavirus (COVID-19) Spreads

By: Richard D. Glovsky , Jordon R. Ferguson , and Rufino Gaytán III , Locke Lord LLP This article provides practical guidance regarding how employers should address legal issues raised by the coronavirus (COVID-19). As the coronavirus spreads around the globe and cases are rapidly appearing in the United States, employers must confront issues in the workplace concerning risks to their employees. Families First...

April 10, 2020

Diagnosing and Treating Coronavirus Risks in M&A Transactions

By: Ryan M. Scofield and Parthiv Rishi , Sidley Austin LLP Novel Coronavirus (COVID-19) is now a global pandemic and continues to dominate headlines as confirmed cases of the virus escalate. As of March 27, 2020, The World Health Organization reports more than 509,164 confirmed cases and 23,335 deaths worldwide. THESE DEVELOPMENTS HAVE LED GLOBAL MARKETS TO decline precipitously, local economies to suffer, and governments...

April 10, 2020

HHS Addresses HIPAA Privacy and Security Rule Issues in Combatting Coronavirus

By: Rex Iacurci , Lexis Practice Advisor This article discusses recent guidance by the Department of Health and Human Services’ Office for Civil Rights (OCR) addressing how entities subject to the Health Insurance Protection and Accountability Act (HIPAA) and their business associates must continue to comply with HIPAA’s privacy and security rules when sharing protected health information (PHI) as part of...

April 10, 2020

Coronavirus and Force Majeure Checklist

By: Glenn Gordon , Lexis Practice Advisor This Coronavirus and Force Majeure Checklist provides guidance on issues and measures counsel should consider when determining the applicability of the coronavirus with respect to force majeure clauses in your clients’ commercial contracts. This checklist is jurisdiction and industry neutral and, therefore, you should review applicable state and industry law before taking...

April 10, 2020

COVID-19 Claims Impact Entire Insurance Coverage Spectrum

By: Karen C. Yotis , Lexis Practice Advisor Attorney Team Now that the coronavirus first discovered in Wuhan, China in late 2019 has migrated across the globe, the impact on both public health and business is triggering a barrage of insurance claims across the entire spectrum of traditional coverages. CLIENTS ARE EXPERIENCING LOSS ARISING FROM circumstances ranging from business interruption and event cancellation...

April 10, 2020

FDA Emergency Use Authorizations

By: Chad Landmon and Drew Hillier , Axinn, Veltrop & Harkrider LLP This article provides guidance on Food and Drug Administration (FDA) Emergency Use Authorizations (EUAs). This article offers an overview of the legal and regulatory framework for EUAs, provides practical tips for obtaining an EUA, introduces considerations for importing and exporting under an EUA, and highlights certain recent EUAs, including some...

April 10, 2020

Telecommuting Employees: Best Practices Checklist

By: Jeffrey H. Ruzal and Carly Baratt, Epstein Becker & Green, P.C. With the advent of sophisticated workplace information technology that allows employees to connect to a company’s computer network from their homes with little more than a laptop and an internet hookup, telecommuting or teleworking has become a common phenomenon across various industries. Moreover, telecommuting and work-from-home arrangements...

April 10, 2020

Telecommuting Policies: Key Drafting Tips

By: Joseph D. Guarino , DLA Piper LLP Telecommuting and work-from-home arrangements are increasing exponentially during the novel coronavirus (COVID-19) pandemic as a way of protecting employees and customers from exposure. In addition, telecommuting arrangements help attract and retain employees, create a professional atmosphere supportive of employees reaching their full potential, and meet the needs of a 24-hour...

April 08, 2020

Coronavirus Tax Relief

By: Neil Aragones , Sean Craig , and Patricia Tyler , Lexis Practice Advisor Tax Team This article discusses action taken by Congress and the IRS to provide coronavirus tax relief, including H.R. 6201 and high deductible health plan guidance. Also included is a discussion of the I.R.C. § 139 tax benefits and the potential tax filing extension. Families First Coronavirus Response Act (H.R. 6201) On March 14...

April 08, 2020

Seeking Time Extensions in Litigation

By: Randi-Lynn Smallheer , Lexis Practice Advisor As the novel coronavirus outbreak forces people around the world to suspend business as usual, litigators still face deadlines, whether imposed by a judge, a set of rules, or a statute. This article describes how to compute time periods in federal court litigations under Rule 6 of the Federal Rules of Civil Procedure 1 (Federal Rules), and how to get those time periods...

April 08, 2020

COVID-19 Ramifications for Public Companies—SEC Disclosures, SEC Filings, and Shareholder Meeting Logistics

By: Laura D. Richman and Michael L. Hermsen , Mayer Brown LLP This article discusses some key ramifications of the coronavirus outbreak for public companies. In addition to a host of significant general business concerns, such as those relating to liquidity and financing opportunities, revenues, supply chain, and employee and community health and welfare, the novel coronavirus known as COVID-19 has raised a number of...

April 08, 2020

SEC Reporting Companies: Considering the Impact of the Coronavirus on Public Disclosure and Other Obligations

By: Mark S. Bergman , John C. Kennedy , and Christopher J. Cummings , Paul, Weiss, Rifkind, Wharton & Garrison LLP Introduction This article discusses some key areas of focus regarding the coronavirus outbreak. It also highlights conditional relief issued by the Securities and Exchange Commission (SEC) on March 4, 2020, for reporting companies affected by the coronavirus that have SEC filings due between March...

April 08, 2020

SEC Issues Statement on Coronavirus Reporting Considerations and Potential Relief

By: Mark S. Bergman , Paul, Weiss, Rifkind, Wharton & Garrison LLP Introduction This article discusses the joint Public Statement 1 issued by the U.S. Securities and Exchange Commission (the SEC) Chairman Jay Clayton, SEC Division of Corporation Finance Director Bill Hinman, SEC Chief Accountant Sagar Teotia and PCAOB Chairman William D. Duhnke III (the Statement), addressing financial reporting considerations...

April 08, 2020

Navigating Coronavirus: A Guide for REIT General Counsel

By: Evan Hudson , Jeffrey S. Lowenthal , Jeffrey D. Uffner , and Michelle M. , Jewett Stroock & Stroock & Lavan The World Health Organization declared COVID-19 a pandemic, then markets continued a steep decline, as the coronavirus morphed from a public health crisis to a financial black swan event. As owners of much of the real estate that supports the U.S. economy, real estate investment trusts (REITs) face...

March 19, 2020

Coronavirus (COVID-19) Resource Kit

Access Lexis Practice Advisor’s complimentary Coronavirus (COVID-19) Resource Kit here. Lexis Practice Advisor subscribers may access the Coronavirus Resource Kit here. Not a subscriber? Follow this link to sign up for free access to the Coronavirus Resource Kit.

March 11, 2020

Malaysian Mobile Court Helps to Bring Undocumented People Under Rule of Law

People living in the remote jungles of Malaysia can now claim their nationality and prove their identities through documents issued by a mobile court GAYTHRI RAMAN, MANAGING DIRECTOR OF LexisNexis Southeast Asia, and a team of magistrates, lawyers, medical officers, government officials, and former Malaysian Chief Justice Tan Sri Richard Malanjum traveled to Kampung Matanggal, Sabah, a village in the Malaysian jungle...

March 11, 2020

Updates and Legal Developments - Spring 2020

Lexis Practice Advisor subscribers may access a complete Coronavirus Resource Kit by following this link . CORONAVIRUS SPREAD CREATES UNCERTAINTY FOR BUSINESSES AND THEIR COUNSEL AS THE CORONAVIRUS CONTINUES ITS SPREAD FROM China to Europe and the United States, the World Health Organization (WHO) is calling for action. “Now it’s the time to prepare,” Dr. Mike Ryan, director of emergencies program...

March 11, 2020

Return of Yellowstone: The New York State Legislature Revives the Yellowstone Injunction

By: Ronald S. Greenberg , Natan Hamerman , Daniel Lennard , and Zachary C. Naidich , Kramer Levin Naftais & Frankel LLP FOR MORE THAN 50 YEARS, A COMMERCIAL TENANT IN New York that was threatened with eviction could count on obtaining a Yellowstone injunction tolling its time to cure alleged lease defaults while challenging the legitimacy of those defaults. The result was that a commercial tenant could bring such...

March 11, 2020

Policy Updates for the 2020 Proxy Season

By: David A. Bell , Ran Ben-Tzur , James D. Evans , Robert A. Freedman and Amanda L. Rose , Fenwick & West LLP This article discusses the updates issued by Institutional Shareholder Services (ISS) and Glass Lewis to their voting policies for the upcoming 2020 proxy season. Recently, ISS and Glass Lewis released revisions to their respective proxy voting guidelines for 2020. The ISS and Glass Lewis updates applicable...

March 11, 2020

Cybersecurity Starts at the Top: Risks and Concerns for Directors and Officers

By: Matthew D. Dunn and Melissa J. Erwin , Carter Ledyard & Milburn LLP While many are no doubt tired of hearing about cybersecurity, hackers and cyber-criminals continue to employ sophisticated and evolving strategies to access data and disrupt organizations, and, unfortunately, this issue is not going away. CYBERSECURITY, HOWEVER, IS NOT ONLY A PROBLEM FOR legal, compliance, and information technology personnel...

March 11, 2020

Tips for Avoiding IP Malpractice Claims

By: Ethan Horwitz , Carlton Fields Malpractice cases are on the rise—and the amounts in issue are rising significantly as well. A recent survey of legal malpractice cases found that after “several years of stability,” the number of new malpractice claims was on the rise. 1 That survey also showed an “alarming increase in claim severity” with clients “much more willing to point fingers...

March 10, 2020

Americans with Disabilities Act: Guidance for Employers on Reasonable Accommodations and Undue Hardship

By: Betsy Johnson , Ogletree, Deakins, Nash, Smoak & Stewart, P.C. This article provides guidance for employers on providing reasonable accommodations for disabled employees pursuant to Title I of the Americans with Disabilities Act of 1990 (ADA) and amendments to it by the ADA Amendments Act of 2008 (ADAAA). 1 THE ADA AFFIRMATIVELY REQUIRES EMPLOYERS TO MAKE reasonable accommodations to the known limitations...