October 18, 2020

How LexisNexis Legal & Professional Will Work To Advance Racial Justice

In an effort to advance racial justice and equality, LexisNexis is undertaking a series of actions to ensure greater diversity within the company and drive change in the communities it serves. Practical Guidance has launched the Protestors’ Rights Resource Kit , a compilation of publicly available resources to inform protest participants and members of the press covering protests of their legal rights. The kit...

October 17, 2020

Ten Things Every Attorney Should Know About Contracts (But May Not)

By: Timothy Murray , Murray Hogue and Lannis ONE TIME I FOUND MYSELF IN A BREACH OF CONTRACT TRIAL before a grizzled jurist who seemed to have as much familiarity with contract law as I have with high fashion (none). I would like to say that he compensated for this deficiency with street smarts and a courteous judicial temperament, except it wouldn’t be true. The attorneys were arguing some point of law, and...

October 17, 2020

Leave and Vacation Sharing and Donation Policies: Key Drafting Tips and Legal Issues

By: Avi Meyerstein and Robert Sanders , Husch Blackwell LLP, and Stacey Bowman , Ascent Classical Academies This article provides key drafting tips and best practices for employers when drafting leave and vacation sharing and donation policies. A leave-sharing and donation policy allows employees to donate or share paid time off (PTO), including vacation and sick days, for use by other employees for medical emergencies...

October 17, 2020

Can and Should Arbitrators Compel Parties to Participate in Remote Arbitration Hearings?

By: Theodore K. Cheng, Esq. , ADR Office of Theo Cheng This article discusses the complex issue of whether and how an arbitrator can compel parties to participate in remote arbitration hearings amid the novel coronavirus (COVID-19) pandemic. ONE IMPACT OF THE PANDEMIC HAS BEEN TO CREATE DELAYS in the scheduling of in-person arbitration evidentiary hearings due to ongoing governmental regulations, travel restrictions...

June 19, 2020

COVID-19 Ramifications in Loan Documents

By: Michael Chernick and Brittany Roger, Shearman & Sterling LLP This article provides an overview of certain key provisions of credit agreements that will need to be reviewed to determine how the novel coronavirus (COVID-19) crisis—and the economic turmoil in its wake—affects a borrower’s ability to meet its ongoing obligations under such agreements and how borrowers and lenders may protect themselves...

June 19, 2020

IP Licensing in the Age of Coronavirus

By: Catriona Collins , Lexis Practice Advisor While there have been no changes to U.S. intellectual property law as a direct result of the coronavirus crisis, the pandemic has changed the world in which intellectual property licenses operate. This article examines licensing issues that intellectual property counsel will need to consider now and in the future. Supervening Events May Impact IP Licenses The best way...

June 19, 2020

COVID-19 from a Securities Law Perspective

By: Michael L. Hermsen, Anna Pinedo, and Laura D. Richman , Mayer Brown LLP THE ARTICLE ALSO HIGHLIGHTS KEY FORM 10-K AND FORM 10-Q matters, including risk factors, management discussion and analysis (MD&A), and financial statement issues, and examines various financing alternatives for companies considering their options to bolster their capital structure. We are experiencing an unprecedented event, the COVID...

June 19, 2020

Seven Ways the CARES Act Impacts the Real Estate Industry

By: Brian A. Blitz , Craig L. Brown , Stephen B. Land , Edward Baker , and Sang H. Lee , Duval & Stachenfeld LLP The coronavirus, also known as COVID-19, has impacted, and will continue to impact, the health of Americans and the strength of our economy for the foreseeable future. On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act, or CARES Act,1 was signed into law, and on April 2, 2020, the...

June 18, 2020

Force Majeure Clauses in the Face of COVID-19: Commercial Leasing Guidance

By: Deborah Yoon Jones , Alston & Bird LLP This article explains what a force majeure clause is and how and under what circumstances a force majeure clause in a commercial lease may be invoked due to the novel coronavirus (COVID-19). THE ARTICLE ADDRESSES THE LIKELIHOOD THAT A FORCE majeure clause will be enforced in California, other related impossibility defenses, and considerations for commercial lessors and...

June 18, 2020

Technology will be Key to Real Estate Recovery

By: Blake Liggio , Danielle Lauzon , John Mutkoski , and Andy Sucof , Goodwin Procter LLP IT IS NOW SEVERAL MONTHS SINCE THE COVID-19 HEALTH crisis emerged in the United States, the immediate impacts on the PropTech industry have crystallized. Real estate operations have changed in fundamental ways—office spaces have been vacated; warehouse and distribution centers have continued operations but supply chain issues...

June 18, 2020

Guidance for Distressed Companies: Loan Workouts and Exchange Offers

By: Daniel G. Egan , Ropes & Gray LLP with updates by the Lexis Practice Advisor Attorney Team As the Coronavirus pandemic continues to impact our economy, many companies will need to consider whether to pursue a loan workout. This article examines considerations that affect whether and in what manner a company may restructure its loans and bond debt. A workout in the context of a financially distressed company...

June 18, 2020

Coronavirus (COVID-19) Legal Issues for Healthcare Organizations

By: Salvatore J. Russo , Margaret J. Davino , and Ali Brodie , Fox Rothschild, LLP This article provides an overview of significant legal issues facing healthcare organizations as a result of the coronavirus disease (COVID-19) and provides practical guidance for effectively managing those issues. Immigration Your clients in the healthcare industry that employ individuals pursuant to immigrant and non-immigrant visas...

June 17, 2020

A National Registry of COVID-19 Patients: The Legal Implications

By: L. Stephen Bowers , Andrew F. Susko , and Daniel J. Ferhat , White and Williams LLP Medical data companies are reportedly 1 volunteering to join the fight against COVID-19 by offering to broadly share confidential, Health Insurance Portability and Accountability Act (HIPAA)-protected patient medical information they possess, including patient demographics, symptoms, testing results, treatment, and outcomes. The...

June 17, 2020

COVID-19 Update: Q&A for Public Companies

By: Davina K. Kaile , Gabriella A. Lombardi , Christina F. Pearson , and Stanton D. Wong , Pillsbury Winthrop Shaw Pittman LLP This Q&A addresses some of the most frequently asked questions of public companies on how to navigate the challenges posed by COVID-19. The Securities and Exchange Commission (SEC) has provided conditional regulatory relief regarding filing deadlines and has issued guidance regarding annual...

June 17, 2020

Pandemic Flu/Influenza/Coronavirus (COVID-19) Prevention and Response Checklist (Best Practices for Employers)

By: Avi Meyerstein , Stacey Bowman , and Courtney Steelman , Husch Blackwell LLP This checklist highlights key considerations for private employers to prepare for and respond to influenza (flu) and other potential pandemic outbreaks (including the coronavirus (COVID-19) pandemic). This is a non-jurisdictional checklist; it does not cover all potential federal, state, and local law distinctions. The guidance below...

June 17, 2020

Force Majeure and Coronavirus (COVID-19): Seven Critical Lessons from the Case Law

By: Timothy Murray , Murray, Hogue & Lannis There is a veritable pandemic raging, and I’m not referring to COVID-19. It’s a pandemic of webinars and legal articles about force majeure and COVID-19. Sadly, no lawyer is immune from it. In force majeure article after article, we are told that the COVID-19 pandemic is unprecedented, but the only thing unprecedented may be the use of the word itself. In...

June 16, 2020

Best Practices for Preventing and Responding to Flu/Coronavirus Outbreaks in the Workplace

By: Richard D. Glovsky , Jordon R. Ferguson , and Rufino Gaytán III , Locke Lord LLP Although the Occupational Safety and Health Administration (OSHA) has not adopted a standard addressing employers’ obligations to safeguard employees during a pandemic, OSHA has issued general guidance for employers as a direct result of the COVID-19 outbreak in the United States. 1 BELOW WE SUMMARIZE KEY OSHA PANDEMIC...

June 13, 2020

Compliance Tips for Running Clinical Trials During COVID-19

By: Jill E. Anderson , Linda A. Malek , and Nora Lawrence Schmitt , Moses & Singer LLP NAVIGATING THE PATH FORWARD TO CONDUCT CLINICAL research in the midst of the COVID-19 pandemic has introduced unique challenges for sponsors and research institutions alike. Industry sponsors and institutions are facing unprecedented issues resulting from the COVID-19 outbreak, such as clinical trial site closures, travel restrictions...

June 13, 2020

Returning to Work during and after COVID-19

By: Richard J. Simmons , Brian D. Murphy , and Adam R. Rosenthal , Sheppard, Mullin, Richter & Hampton LLP While there is no one-size-fits-all solution to creating a safe workplace, employers must carefully monitor guidance from the Centers for Disease Control (CDC), state and local health departments, Occupational Safety and Health Administration (OSHA), and state and local government authorities concerning the...

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...