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Coronavirus Resource Center

Representative Engagements

Antitrust and Consumer Protection

  • Advising a major pharmaceutical association on antitrust aspects of collaboration between pharmaceutical companies in Europe to ensure appropriate supply of essential drugs in the fight against COVID-19.
  • Advising a major distributor on best practices in response to government-coordinated all-industry crisis response.
  • Advising a major consumer-facing company regarding the applicability of pricing controls in the State of California triggered by the governor’s coronavirus-related declaration of a state of emergency.
  • Advising a trade association on how to talk about the virus and the pricing of member services without tripping antitrust wires.
  • Assisting a trade association on proposed legislation enhancing FTC authority over price gouging during exigent circumstances.
  • Advising a major car rental company on anti-price gouging statutes that have been triggered by the states of emergency that have been declared at the state and national levels.
  • Representing multiple trade associations in management of antitrust risk associated with crisis benchmarking and joint government advocacy exercises, and with other competitor collaborations and industry meetings/communications.
  • Advising a major industrial client on antitrust risk management issues associated with supply chain, production, and sales collaborations with competitors.
  • Advising several travel industry clients on structure and management of industry-wide government-facing lobbying and advocacy efforts and antitrust immunity under the Noerr-Pennington doctrine.
  • Advising a large food retailer on the antitrust aspects of a joint project with competing food retailers to enable medical personnel to have their groceries delivered at their hospital for the duration of the COVID-19 crisis.  We obtained informal clearance from the President of the Belgian Competition Authority in half a day.   
  • Advising providers and suppliers entering into collaborative care arrangements with competitors to isolate COVID-19 patients in order to ensure antitrust and fraud and abuse compliance and to address operational questions related to billing and reimbursement for such services. 

Banking & Finance

  • Advising a major national bank on anti-money laundering and related laws as applied to Paycheck Protection Program loans.
  • Advising nationwide bank on flexibility to apply different customer identification standards under anti-money laundering rules because people opening new accounts in some cases cannot obtain a driver’s license due to COVID-19-related delays.

CARES Act and Paycheck Protection Program

  • Counseling more than 100 organizations on CARES Act and Paycheck Protection Program (PPP) issues, including loan eligibility, and safe harbor return. We have advised clients in a wide array of industries, including financial services, government contracts, construction and engineering, hospitality, manufacturing, high-tech, telecommunications, health care, life sciences, education, publishing, consulting, food and beverage, security services, aviation, humanitarian aid, automotive, information technology, and legal.
  • Counseling private and public companies and their management teams who may be subject to investigations for potential fraud and abuse relating to the PPP loan program. These investigations are being conducted by a number of government agencies including the FBI and Small Business Administration Office of Inspector General.

Commercial Contracts

  • Advising a professional sports team on a variety of coronavirus issues, including testing/quarantine protocols, ticket suspension policy, and breach of contract/tort analysis.
  • Advising an automotive parts supplier on whether to continue accepting orders in a force majeure situation. 
  • Assisting an international nonprofit organization in its risk analysis on whether to proceed with or cancel a major upcoming international event, including advice on possible liability toward the event organizing agency, suppliers such as the event venue, and registrants.
  • Advising nationwide retail chain on its lease agreements and obligation to continue paying rent during the COVID-19 crisis. 
  • Advising global chemical company on breach of contract and force majeure issues.
  • Advising online pharmacy on arrangement with two other health care companies to make COVID-19 home test kits available to patients nationwide. 
  • Advising media company on termination of contract because of COVID-19.

Education

  • Advising a major public university on the extent of its scope and authority to take emergency measures in response to the outbreak.
  • Advising a major university system on COVID-19 matters and impact of cancellations and closures.
  • Advising a Virginia private school on impact of state emergency declaration on cancellation and tuition reimbursement matters.
  • Advising independent school regarding standards for teletherapy with students following mandatory school closure.
  • Advising independent school regarding applicability of Family First Coronavirus Response Act to continued compensation of part-time hourly employees following mandatory school closure.

Employment (U.S. and Global)

  • Responding to questions from a major global technology company on local government guidance in Asia related to the coronavirus outbreak in response to questions on health checks for employees and vendors entering company facilities.
  • Advising a Fortune 50 company on international issues related to managing international workforce in order to comply with the ever changing landscape of new rules and regulations implemented in connection with the global coronavirus pandemic, including review and guidance on global and in-country company policies for health checks and remote working, use of annual and sick leaves, delays in hiring and cross-border secondments, data privacy, and government reporting.
  • Advising a semiconductor and software manufacturer on employment-related options for screening employees for the coronavirus.
  • Advising a tech manufacturer on employment issues, including whether it is appropriate to test employees.
  • Advising a hospitality industry company on commercial, liability, and employee issues, including employee communications strategies and travel limitations.
  • Advising an international nonprofit organization on how to impose telework while the employment contracts and work regulations did not provide for such possibility.
  • Advising an app developer on the right of the employer to instruct employees and consultants about travel and event attendance outside of office hours.
  • Advising a mass transit systems integrator on initial employee communications and evolving work rules and policies.
  • Advising a global humanitarian aid nonprofit in connection with an urgent request to analyze OFAC regulations in connection with coronavirus-related travel arrangements for a staffer based in Syria.
  • Advising multinational software company with respect to operational issues in navigating coronavirus, including employee and commercial advice.
  • Advising government contractor on protocols for reacting to an employee testing positive for COVID-19.
  • Advising several companies regarding compliance with WARN, paid sick leave, ADA, OSHA, and other issues related to state and local “shelter in place” orders.

Energy & Environment

  • Advising producers and sellers of antimicrobial pesticide products about how to expedite EPA approval of new coronavirus efficacy claims under the Agency’s policy for emerging viral pathogens.
  • Drafting two pieces of legislation on behalf of an energy trade association regarding COVID-19 and force majeure as those issues apply to compliance with federal environmental statutes.

Government Affairs

  • Advising entertainment company about implications of and opportunities under CARES Act.
  • Advising major government contractor on seeking relief under Public Law 85-804.

Government Contracts

  • Working with major hotel company to offer facilities for emergency use by government as COVID-19 treatment centers.
  • Advising a major government contractor on customer engagement and notification strategy to address delivery delays due to supply chain disruptions.
  • Advising an engineering services firm on the information security compliance implications of increasing its employees’ remote access to sensitive information as part of its internal response to coronavirus concerns.
  • Advising a developer of software-assurance tools and advanced cybersecurity solutions on how to best revise the terms of a pending onsite DoD cybersecurity assessment, including concerns over sharing its sensitive information security materials off-site.
  • Advising a Fortune 50 company on engagement with the federal government to provide medical equipment pursuant to emergency acquisition authority.
  • Advising global chemical company on issues related to sales of hazmat suits to U.S. government.
  • Advising large manufacturer regarding delay, disruption, interference, and related performance issues related to COVID-19 in connection with a major DoD procurement.
  • Advising aerospace and defense contractors regarding compliance with state & local shelter-in-place ordinances, and steps to ensure continuity of performance.
  • Advising major government contractor on all facets of addressing state/local shelter-in-place directives.
  • Advising major government contractor on seeking relief under Public Law 85-804.
  • Advising government contractor on protocols for reacting to an employee testing positive for COVID-19.
  • Advising a government contractor on protocols for reacting to an employee testing positive for COVID-19 and applicability of HIPAA and the Americans with Disabilities Act.
  • Advising major manufacturer of aerospace and defense products in transition to production of components for medical supplies.
  • Advising major contractor for intelligence community in connection with all COVID-related matters.

Health Care

  • Advising health care nonprofit on its collaboration with manufacturers, suppliers, wholesalers, distributors, group purchasing organizations, and trade associations to create a data exchange platform. The parties will use the platform to share information, best practices, and strategies among key parties in the health care supply chain in order to further efficient management of supply and distribution across U.S. healthcare providers during the COVID-19 crisis.   
  • Advising a consumer product company on the advertising of its products as capable of “sanitizing” versus “sterilizing” to help them avoid any FTC or FDA issues in affirmatively positioning products to address the virus. 
  • Advising a multinational manufacturer of anti-bacterial soap and hand sanitizer on labeling requirements and restrictions against specific disease claims, including prevention of COVID-19.
  • Advising a multinational manufacturer of active pharmaceutical ingredients and dietary supplements on labeling restrictions against specific disease claims, including prevention of COVID-19.
  • Advising a nonprofit on the New York City Department of Health’s reporting requirements after discovering that one person at an event it sponsored had coronavirus. 
  • Advising a Fortune 50 company on engagement with the federal government to provide medical equipment pursuant to emergency acquisition authority.
  • Advising a Fortune 100 technology company on obtaining emergency FDA approval for respirator products.
  • Advising a private equity company on potential coronavirus liability risks associated with investment in home healthcare company.
  • Advising a multi-state mental health service provider on its disclosure obligations with respect to patients who have been diagnosed with coronavirus.
  • Advising a digital health research company on coronavirus disclosure obligations.
  • Advising online pharmacy on arrangement with two other health care companies to make COVID-19 home test kits available to patients nationwide. 
  • Advising Medicare Advantage and Medicaid managed care plans on financial relief from the impact of mandated cost-sharing waivers for testing and other procedures in response to COVID-19.
  • Advising nursing homes on exceptions to the CMS and New York Department of Health visitation ban, electronic appointment reminders for family, and home therapeutic leave.
  • Advising a digital health company working with government officials to direct individuals to COVID-19 testing sites on data use, regulatory requirements, and consent processes.
  • Advising health care providers, including laboratories, physician practices, and hospitals, on continuity of care and licensure compliance in light of COVID-19 regulatory and legislative changes.
  • Advising providers and suppliers entering into collaborative care arrangements with competitors to isolate COVID-19 patients in order to ensure antitrust and fraud and abuse compliance and to address operational questions related to billing and reimbursement for such services.
  • Advising a home health care services company on federal and state responses to COVID-19 to ensure that its caregivers are adhering to best practices with a particular focus on limiting liability if a patient or caregiver tests positive with COVID-19.
  • Advising a third party administrator for a network of ambulatory surgery centers on provider communications related to coronavirus and labor and employment matters.
  • Advising a trade association on temporary Medicare changes to physician service reimbursement proposed in draft legislation.
  • Advising a health plan on whether in-person review of federally required employment eligibility documents is necessary during the crisis.
  • Advising a government contractor on protocols for reacting to an employee testing positive for COVID-19 and applicability of HIPAA and the Americans with Disabilities Act.
  • Advising construction company performing emergency design and build of temporary medical treatment facilities.
  • Advising major manufacturer of aerospace and defense products in transition to production of components for medical supplies.

    Litigation

    • Advising numerous retail and restaurant chains on COVID-19 recovery claims.
    • Advising multiple clients on security measures and ethical obligations to keep discovery projects and document reviews continuing from a remote workplace environment.

    Operations and Shelter-in-Place Orders

    • Providing comprehensive reporting to Fortune 100 company on state and municipal government responses to COVID-19 cases in its jurisdictions to help manage company response and customer need.
    • Advising a major university system on COVID-19 matters and impact of cancellations and closures.
    • Advising a professional sports team on a variety of coronavirus issues, including testing/quarantine protocols, ticket suspension policy, and breach of contract/tort analysis.
    • Advising a premier American business chamber in China on communications strategy when releasing data on the commercial impact of coronavirus.   
    • Advising a major health products industry association as it navigates government meeting postponements across Latin America due to coronavirus. 
    • Advising a Virginia private school on impact of state emergency declaration on cancellation and tuition reimbursement matters.
    • Advising an international fitness company on issues associated with closures ordered by city in response to coronavirus concerns.
    • Advising multinational software company with respect to operational issues in navigating coronavirus, including employee and commercial advice.
    • Providing aerospace company with diagnostic assessment of potential COVID-19 issues as well as ongoing advice.
    • Advising company operating under a federal independent monitorship on asking DOJ to end monitorship early because COVID-19 is massively disrupting operations and may force the company to close. 
    • Counseling manufacturer on recent government restrictions on business operations arising out of the COVID-19 coronavirus pandemic.
    • Providing multinational technology company with analysis and advice on compliance with federal, county, state, and municipal orders regarding essential and non-essential business operations.
    • Advising several companies regarding compliance with WARN, paid sick leave, ADA, OSHA, and other issues related to state and local shelter-in-place orders.
    • Advising private equity firm about impacts of COVID on portfolio companies and possible mitigation measures.
    • Advising consumer products company on recent government restrictions on business operations arising out of the COVID-19 coronavirus pandemic.
    • Advising private equity firm’s portfolio companies on recent government restrictions on business operations arising out of the COVID-19 coronavirus pandemic.

    Privacy & Cybersecurity

    • Advising an engineering services firm on the information security compliance implications of increasing its employees’ remote access to sensitive information as part of its internal response to coronavirus concerns.
    • Counseling a multinational air carrier on its obligations to comply with government requests to collect and share information about passengers traveling from areas affected by coronavirus.
    • Advising an international engineering company regarding privacy and data security risk management implications of domestic and foreign responses to coronavirus, including the use of thermal scanners at facility entrances.
    • Advising a developer of software-assurance tools and advanced cybersecurity solutions on how to best revise the terms of a pending onsite DoD cybersecurity assessment, including concerns over sharing its sensitive information security materials off-site.
    • Advising a large national nonprofit organization regarding privacy and data security risk management issues associated with increased telework and remote access capabilities for management and staff in multiple states.
    • Helping a trade association of airlines prepare comments on CDC's interim final rule on passenger tracing.
    • Advising a trade association of airlines in connection with DHS/TSA security directives and emergency amendments imposing travel-related screening requirements on airlines in light of the coronavirus.

    Securities

    • Advising a public company headquartered in a Level 3 country on utilizing SEC coronavirus order to delay the filing of its Form 10-K in light of difficulty completing its audit and preparation of its Form 10-K as a result of government lockdown restrictions.

    Supply Chain and Trade

    • Advising health care nonprofit on its collaboration with manufacturers, suppliers, wholesalers, distributors, group purchasing organizations, and trade associations to create a data exchange platform. The parties will use the platform to share information, best practices, and strategies among key parties in the health care supply chain in order to further efficient management of supply and distribution across U.S. healthcare providers during the COVID-19 crisis.    
    • Advising a major consumer products manufacturer and a big box retailer on supply chain disruption issues related to coronavirus, including devising a workaround for inspection and random sampling testing ordinarily conducted on site and with contract dispute resolution on execution of a recall where the supply was delayed pending factory shutdowns.
    • Advising a pharmaceutical company regarding supply chain disruption issues related to its inability to receive API from its suppliers and the resultant inability to perform for its customers. 
    • Advising a pharmaceutical company on whether the U.S. government would consider waiving the TAA requirement for certain pharmaceuticals that could be used in connection with coronavirus.
    • Advising a major multinational biopharmaceutical company on its strategy for communicating to policymakers from around the world the implications of COVID-19 for global supply chain security, shortages, and quality of both active pharmaceutical ingredients (API) and finished dosage forms (FDF).
    • Advising a major government contractor on customer engagement and notification strategy to address delivery delays due to supply chain disruptions.
    • Advising a major industrial client on antitrust risk management issues associated with supply chain, production, and sales collaborations with competitors.