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Updates to our current perspectives and guidance on specific COVID-19 legal issues in the areas noted below are added daily and are featured in the New Today section for easy review.
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Federal agencies are taking steps to make it easier for businesses—especially those in the health care sector and those working to produce COVID-19 supplies—to collaborate to combat the virus. At the same time, times of crisis can be a slippery slope to antitrust violations. Companies should take care to mitigate antitrust risks, including anti-competitive labor market behaviors like unlawful wage-fixing and no-poach agreements against essential workers.
Click here for more Antitrust/Competition perspectives
The aviation sector is always somewhat of a bellwether for other industries in times of crisis, and the same rings true during the COVID-19 pandemic. Lessors, financial institutions, airlines, and other parties must stay abreast of newly promulgated legislation, regulations, and policies pertaining to aviation financing and leasing matters and the practicalities of disputes or restructurings in the aviation sector.
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COVID-19 is changing the landscape for capital and debt raising activities in the public and private markets. Issuers must consider the inclusion of specific disclosures in their offering and reporting documents pertaining to the actual or prospective adverse impacts which may result from COVID-19-related market fluctuations and uncertainty.
Click here for more Capital Markets & Securities perspectives
The COVID-19 pandemic will have a lasting impact on the consumer products industry. Many companies in this sector are operating as essential businesses and have been faced with extraordinary workforce safety challenges, while also navigating rapidly evolving government orders, store closures, supply chain disruption, and decreased demand. As the country begins to recover, companies in the consumer products industry should stay abreast of reopening guidelines, government plans, and related guidance.
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The COVID-19 pandemic has created new opportunities for cybercrimes—phishing attacks, spoofed emails and texts—making the protection of personal information and data more critical than ever. Businesses should stay updated on new protocols waiving penalties for HIPAA violations, follow recent CISA guidance on malicious cyber activity, and consider implementing recommended remote work strategies to reduce data privacy and cyber-risks.
Click here for more Data Security & Privacy, HIPAA perspectives
Guidance on regulatory actions and executive orders impacting employee benefits and executive compensation plans and programs.
Click here for more Employee Benefits & Executive Compensation perspectives
As market conditions continue to drive down demand for crude oil, the drastic decline of commodity prices has raised unprecedented challenges in the oil and gas sector. Institutions in the power and transmission sector need to stay informed about the latest mandates and guidance issued by the Federal Energy Regulatory Commission (the “FERC”), which may impact critical energy infrastructure.
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The Environmental Protection Agency and states continue to issue guidance and rulemakings in response to the COVID-19 pandemic. In the midst of this changing regulatory landscape, we are helping companies stay informed about their environmental compliance obligations.
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Guidance for companies experiencing or anticipating significant constraints on cash and working capital and general potential liquidity challenges.
Click here for more Finance & Credit perspectives
With limited ability to predict the long-term impact of the COVID-19 pandemic, institutions across the financial services industry face continued uncertainty around market volatility, regulatory and policy updates, and risk and compliance implications. Institutions across the financial services industry should stay informed on rapidly evolving developments in the financial services sector.
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In a time of dramatic change, the health care and life sciences sector is facing unprecedented challenges. As health care workers battle the COVID-19 virus at the front lines, others in the industry must also adjust to a “new normal.” A number of governmental institutions have announced new regulatory standards, while the launch of the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) presents significant implications for providers, suppliers, and manufacturers.
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From exploring how virtual technology will impact international arbitration to outlining regulatory response and considerations, our international trade team discusses key issues arising from the COVID-19 pandemic.
Click here for more International Trade perspectives
From adjusting to the realities of a remote workforce to keeping up with the flurry of new laws and guidelines coming out of Washington and statehouses across the country, navigating a global pandemic is unchartered territory for employers. We are helping employers navigate the uncertainty by advising on whether employees are essential, whether employees’ temperature can be taken, and whether employees are entitled to supplemental paid sick leave.
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As lawsuits arising from COVID-19 begin to get filed, our litigation team examines force majeure clauses, securities litigation lawsuits, issues related to remote arbitration and mediation proceedings during the pandemic, and recent DOJ enforcement actions targeting COVID-19 fraud.
Click here for more Litigation perspectives
The pandemic has significantly slowed mergers and acquisitions activity, as market uncertainty and unpredictability has led to a drop in valuations and the number of transactions consummated. Ongoing deals are now including specific representations and warranties regarding the uncertainties presented by a global pandemic. Going forward, other key provisions, including interim covenants and indemnities, may also be modified.
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Guidance for vessel owners, operators and charterers, shippers, logistics providers, maritime investors, and port operators on IMO and Coast Guard policies, crew health and safety, Jones Act waivers, safe port/berth, free pratique, and demurrage need to be addressed and followed.
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As the COVID-19 pandemic complicates and poses challenges for transactions, many funds are struggling to raise capital for future transactions and are preparing their existing portfolio companies for the worst. Accordingly, funds are looking to obtain as much liquidity as possible, through existing credit facilities and recently enacted federal programs.
Click here for more Private Equity perspectives
[5/7] New Remote Pro Bono Clinic Launched to Help North Carolina Nonprofits & Small Businesses Survive COVID-19
[5/4] Law360 Pro Bono Spotlight: Winston & Strawn Lends Virtual Hand To DACA Recipients
[4/22] Pro Bono in Action: Winston Adapts Pro Bono Service Models to Meet Urgent COVID-19 Restrictions
Click here for more Pro Bono perspectives
Which transactions and institutions are affected by the New York State executive order mandating certain financial institutions to grant loan forbearances to certain borrowers? What does France’s order relating to the payment of rents and utilities by businesses affected by COVID-19 require? Our real estate team answers these questions and more.
Click here for more Real Estate perspectives
As federal and state laws and executive orders continue to evolve, so does the landscape within which businesses may operate. Government agencies, including the Food and Drug Administration, Small Business Administration and the Department of Health and Human Services, are regularly revising their rules and regulations, while courts and legislators work to understand and administer these modifications. Now more than ever, it is vital for companies to stay up to date on regulatory changes brought upon by the COVID-19 pandemic.
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The full impact of the COVID-19 pandemic remains to be seen, but some industries are already suffering from financial distress and/or seeking bankruptcy relief. Our attorneys are leveraging their experiences in corporate finance, restructuring, private equity, and bankruptcy to offer key insights.
Click here for more Restructuring/Bankruptcy perspectives
Click here for more Supply Chain Disruption perspectives
What tax actions should companies consider taking now? How does the CARES Act apply to non-profit organizations? Our tax team is tackling these and other challenging questions created by the COVID-19 crisis.
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Our white collar team addresses key and timely issues that are arising during this global pandemic, including the challenges of conducting corporate compliance monitoring during COVID-19, new DOJ enforcement priorities and task forces to combat COVID-19 fraud, and the expanding risk of False Claims Act liability result from COVID-19 initiatives.
Click here for more White Collar & Investigations perspectives