Our Website Uses Cookies
We and the third parties that provide content, functionality, or business services on our website may use cookies to collect information about your browsing activities in order to provide you with more relevant content and promotional materials, on and off the website, and help us understand your interests and improve the website.
For more information, please contact us or consult our Privacy Notice.
Your binder contains too many pages, the maximum is 40.
We are unable to add this page to your binder, please try again later.
This page has been added to your binder.
COVID-19: Legal and Business Toolkit
January 2021
Recapture of Excess COVID-19 Payroll Tax Credits Addressed in New Regs As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are facing and develop plans and strategies in response.
Reach out to our COVID-19 task force at COVID19@cov.com.
Below is a compendium of resources and updates about COVID-19 and its potential impact on different industries published by our lawyers and advisors in these areas.
Companies are also encouraged to visit coronavirus.gov and World Health Organization: WHO for updates and information from public health authorities and agencies on protecting individuals and businesses.
Jump to a practice area for practical guidance and resources:
Antitrust and Competition
Key Considerations
- Competition Guardrails for Business Collaborations
- How to collaborate, share information, and benchmark with competitors during the Covid-19 crisis
- Watch-outs for pricing and price-gouging
- Mergers and Filings
- Impact of the Covid-19 crisis on the timing of merger reviews: what does it mean for your deal?
- Government Investigations (conduct and cartels)
- How does the Covid-19 crisis impact the timing and scope of ongoing investigations around the world?
- Areas of heightened scrutiny amid the global pandemic
- Antitrust Litigation, Private Enforcement Actions and Updates on the Courts
- Updates on timing, filings, and other proceedings
- Best practices for ongoing litigations
- EU State Aid
- The return of EU State Aid review - with a vengeance
-
What to look out for when you receive financial aid from EU governments
Resources
- "The CMA’s Guidance on Merger Assessments During the Coronavirus (COVID-19) Pandemic and Recent CMA Cases," Covington Competition, August 12, 2020
- "European Commission Adopts Measures Aimed at Mitigating the Effects of COVID-19 in the Agri-Food Sector," Covington Competition, May 18, 2020
- "COVID 19 – US and EU Competition Law Implications (12 May 2020)," Covington Competition, May 12, 2020
- "The European Commission Includes Recapitalisation Measures in the Temporary Framework for State Aid Measures to Support the Economy During the COVID-19 Outbreak," Covington Competition, May 12, 2020
- "COVID 19 – US and EU Competition Law Implications (6 May 2020)," Covington Competition, May 6, 2020
- "COVID 19 – US and EU Competition Law Implications (30 April 2020)," Covington Competition, April 30, 2020
- "Consumer Product Safety Compliance During the COVID-19 Pandemic," Covington Alert, April 30, 2020
- "European Commission Goes “Live” on FDI Coordination Six Months Early, Proposing Cooperation on an Informal and Voluntary Basis," Covington Competition, April 29, 2020
- "COVID 19 – US and EU Competition Law Implications (24 April 2020)," Covington Competition, April 24, 2020
- "Competition Enforcement Under the COVID-19 Crisis: DG COMP Staff’s Views," Covington Competition, April 21, 2020
- "COVID 19 – US and EU Competition Law Implications (16 April 2020)," Covington Competition, April 16, 2020
- "“No issues” with Member State participations – State-backed EU companies as the new normal?," Covington Competition, April 15, 2020
- "U.S. Antitrust Enforcers Warn Of Continued Action Against Collusive Conduct Impacting Workers In U.S. Labor Markets During Pandemic," Covington Alert, April 14, 2020
- "COVID 19 – US and EU Competition Law Implications (14 April 2020)," Covington Competition, April 14, 2020
- "Federal and State Price-Gouging Enforcement in the Era of COVID-19," Covington Competition, April 14, 2020
- "The Commission amends the Temporary Framework for State aid measures to support the economy during the COVID-19 outbreak," Covington Competition, April 10, 2020
- "COVID 19 – US and EU Competition Law Implications (9 April 2020)," Covington Competition, April 9, 2020
- "German Government decides on tightening the National FDI Screening Regime," Covington Competition, April 9, 2020
- "European Commission Publishes Exceptional Antitrust Guidance for Undertakings Collaborating to Address the Shortage of Essential Products and Services during COVID-19," Covington Competition, April 9, 2020
- "COVID 19 – US and EU Competition Law Implications (8 April 2020)," Covington Competition, April 8, 2020
- "Competition law in the time of coronavirus: UK regulators’ response and approach to the COVID-19 pandemic," Covington Competition, April 7, 2020
- "COVID 19 – US and EU Competition Law Implications (6 April 2020)," Covington Competition, April 6, 2020
- "COVID 19 – US and EU Competition Law Implications (1 April, 2020)," Covington Competition, April 1, 2020
- "COVID 19 – US and EU Competition Law Implications (30 March 2020)," Covington Competition, March 30, 2020
- "COVID 19 – US and EU Competition Law Implications (27 March 2020)," Covington Competition, March 27, 2020
- "Competition Guardrails for Collaborating in Response to COVID-19," Covington Competition, March 26, 2020
- "COVID 19 – US and EU Competition Law Implications (26 March 2020)," Covington Competition, March 26, 2020
- "Competition laws must be respected even in difficult times – but they are flexible!," Covington Competition, March 25, 2020
- "The Commission’s Temporary Framework for State Aid Measures to Support the Economy during the COVID-19 Outbreak," Covington Competition, March 25, 2020
- "COVID 19 – US and EU Competition Law Implications (25 March 2020)," Covington Competition, March 25, 2020
- "COVID 19 – US and EU Competition Law Implications (24 March 2020)," Covington Competition, March 24, 2020
- "COVID 19 – US and EU Competition Law Implications (23 March 2020)," Covington Competition, March 23, 2020
- "COVID 19 – US and EU Competition Law Implications (20 March 2020)," Covington Competition, March 20, 2020
- "COVID 19 – US and EU Competition Law Implications (19 March 2020)," Covington Competition, March 19, 2020
- "COVID 19 – Competition Law Implications (18 March 2020)," Covington Competition, March 18, 2020
-
"COVID 19 – Competition Law Implications (17 March 2020)," Covington Competition, March 17, 2020
Media Mentions
- "Vestager refuses to pause state aid rules," Global Competition Review, May 1, 2020
Our Team
- Anne Y. Lee, Washington
- Johan Ysewyn, Brussels, London
Arbitration
Key Considerations
- Notice requirements, termination and potential renegotiation of agreements
- Force majeure, acts of god and other contract clauses and legal provisions justifying non-performance
-
Suspension of ongoing arbitration proceedings and new technologies for conducting hearings and considerations that apply
Our Team
-
Miguel López Forastier, Washington
-
C. William Phillips, New York
-
Jeremy Wilson, London
Resources
- "Responding to COVID-19-related business issues in Latin America," April 27, 2020
Contractual and Commercial Disputes
Key Considerations
- Assess position with respect to contractual non-performance, including force majeure, frustration of purpose, material adverse event and impossibility/impracticality
- Consider how to manage impediments to compliance with contractual notice requirements and service of proceedings
- Review the impact of court closures on pending lawsuits, including hearings and deadlines, and on decisions regarding whether and on what terms to settle rather than litigate
- Communicate proactively with counter-parties and establish a process for mutually agreed amended performance
-
Plan for the need for alternative and second sources of products and services
Resources
- "African governments ease COVID-19 restrictions and reopen economies," Cov Africa, October 12, 2020
- "South Africa Eases COVID-19 Restrictions," Cov Africa, September 25, 2020
- "South Africa Eases COVID-19 Restrictions with the Transition to Alert Level 2," Cov Africa, August 18, 2020
- "Class Action Litigation Update: Key Developments From Second Quarter 2020," Covington Alert, July 7, 2020
- "South Africa Prepares to Further Ease Lockdown Restrictions," Cov Africa, June 29, 2020
- "South African High Court rules COVID-19 Lockdown Regulations Unconstitutional," Cov Africa, June 10, 2020
- "South Africa prepares to ease lockdown restrictions," Cov Africa, May 20, 2020
- "Are you Acting “Responsibly and Fairly” in your Contractual Endeavours?," Covington Alert, May 13, 2020
- "Fund Redemption Risks and Directors’ Liability," Covington Alert, May 12, 2020
- "Coronavirus & Copyright: Unique Copyright Considerations in a Socially Distanced World," Covington Alert, May 4, 2020
- "It’s Time to Help Africa Fight the Virus," Foreign Policy, April 29, 2020
- "Responding to COVID-19-related business issues in Latin America," April 27, 2020
- "South Africa’s Economic Response to the Covid-19 Pandemic," Cov Africa, April 6, 2020
- "COVID-19 in Africa: Risks and Guidance," Covington Briefing Call, April 3, 2020 - Audio recording and key takeaways
- "Covington's Ability to Help Respond to the COVID-19 Pandemic in Africa," Cov Africa, March 26, 2020
- "COVID-19: Which South African Businesses Can Operate During the Nation-wide Lockdown?," Cov Africa, March 26, 2020
- "Disruption and non-performance of contractual obligations due to COVID 19 under German Law," Covington Alert, March 24, 2020
-
"Coronavirus: Potential Implications for Africa," Cov Africa, March 18, 2020
Media Mentions
- "COVID-19 stokes force majeure claims," Project Finance International, March 25, 2020
Our Team
- Shara L. Aranoff, Washington
- John J. DeBoy, Washington
- Louise Freeman, London
- Nigel L. Howard, New York
- Jonathan M. Sperling, New York
- Emily Ullman, Washington
Corporate: M&A, Securities and Capital Markets, Corporate Governance, Finance, Restructuring and Bankruptcy, and Technology Transactions
Key Considerations
- Mergers & Acquisitions
- Implications for existing acquisition agreements. Considerations regarding termination, MAE and covenant compliance, and financing
- Implications for new deal agreements. Considerations for performance, deal certainty, and specific performance
- Corporate governance. Advice to the Board on mitigating COVID-19 risk and implications for strategic transactions
- Securities and Capital Markets / Corporate Governance
- Conditional reporting relief for affected persons
- Disclosure guidance for companies
- Compliance policy considerations
- Annual meeting and proxy disclosure considerations
- Advice to boards of directors on managing COVID-19
- Restructuring and Bankruptcy
- Material contracts
- Intellectual property licenses
- Financing arrangements
- Transactions
- Technology and IP Transactions
- Evaluation of commercial agreements
-
Analysis for force majeure, frustration and impossibility terminations or suspensions
Resources
- "Cheesecake Factory Penalty Signals Shift In SEC Virus Focus," Law360, December 8, 2020
- "A Virtual Meeting Playbook," Covington Alert, October 22, 2020
- "Managing COVID-19: Non-GAAP Financial Measures and the Impact of COVID-19," Covington Alert, July 20, 2020
- "Managing COVID-19: New Disclosure Guidance from the SEC," Covington Alert, July 9, 2020
- "SEC Revises Financial Statement Disclosure Rules For Acquired and Disposed Businesses," Covington Alert, June 11, 2020
- "Some Do’s and Don’t’s for Voluntary ESG Reporting and Disclosures," Covington Alert, June 2, 2020
- "UK Government Releases Full Details of its Future Fund Scheme to Support Innovative Companies Facing Financial Difficulties Due to COVID-19," Covington Alert, May 29, 2020
- "COVID-19 Corporate Update: Corporate Insolvency and Governance Bill – Governance Implications for UK Public Companies," Covington Alert, May 27, 2020
- "Managing COVID-19 - Additional Relief from the SEC," Covington Alert, May 14, 2020
- "Managing COVID-19: Nasdaq Temporary Shareholder Approval Relief," Covington Alert, May 7, 2020
- "Responding to COVID-19-related business issues in Latin America," April 27, 2020
- "A Virtual Meeting Playbook," Covington Alert, April 22, 2020
- "UK Government’s Future Fund to Support Innovative Companies Facing Financial Difficulties Due to COVID-19," Covington Alert, April 22, 2020
- "COVID-19 Corporate Update: UK Public Company AGMs," Covington Alert, April 21, 2020
- "Managing COVID-19: Corporate Governance and Coronavirus – Views of Proxy Advisors," Covington Alert, April 16, 2020
- "COVID-19 Corporate Update: Capital Raising by UK Public Companies," Covington Alert, April 14, 2020
- "Managing COVID-19:More SEC Filing Odds and Ends," Covington Alert, April 9, 2020
- "German State Aid Program and New German Law to Combat Effects of Covid-19," Covington Alert, April 7, 2020
- "Managing COVID-19: Reviewing Executive Compensation in Light of COVID-19," Covington Alert, April 7, 2020
- "COVID-19—The Impact on English Football," Covington Alert, April 6, 2020
- "UK Government’s Coronavirus Financial Support for Businesses," Covington Alert, April 6, 2020
- "COVID-19 in Africa: Risks and Guidance," Covington Briefing Call, April 3, 2020 - Audio recording and key takeaways
- "COVID-19 Corporate Update: Signing and Closing Considerations for English Law Transactions," Covington Alert, April 3, 2020
- "COVID-19: Changes to UK Insolvency Law to Support Affected Businesses," Covington Alert, April 3, 2020
- "COVID-19 Corporate Update for UK Public Companies," Covington Alert, April 3, 2020
- "Managing Coronavirus/COVID-19: Illness in the C-Suite – Disclosure and Other Considerations for Public Companies," Covington Alert, April 2, 2020
- "SBA Loan Implications for Private Equity-backed Companies," Covington Alert, April 1, 2020
- "Key Oversight Areas for Boards During the COVID-19 Pandemic," Covington Alert, March 27, 2020
- "Managing COVID-19: Additional SEC Reporting Relief and New Disclosure Guidance," Covington Alert, March 27, 2020
- "Managing COVID-19: Virtual Annual Shareholder Meetings," Covington Alert, March 26, 2020
- "European Commission issues guidance on Foreign Direct Investment enforcement during the Covid-19 crisis," Covington Alert, March 26, 2020
- "Managing COVID-19: Whether to Announce Preliminary Financial Results and Adjust Guidance," Covington Alert, March 25, 2020
- "New German Legislation on Measures to Combat Effects of Coronavirus," Covington Alert, March 25, 2020
- "Managing COVID-19: Q1 Reporting Considerations for Public Companies," Covington Alert, March 20, 2020
-
"COVID-19: Preparing for Counterparty Distress or Insolvency," Covington Alert, March 20, 2020
Media Mentions
- "Big mergers face delays as regulators adapt to pandemic," Financial Times, March 17, 2020
Our Team
M&A
- Scott Anthony, Palo Alto
- Henning Bloss, Frankfurt
- Catherine Dargan, Washington
- Gregor Frizzell, London
- Peter Laveran, New York
- Louise Nash, London
-
David Schwartzbaum, New York
Securities and Capital Markets / Corporate Governance
- Kerry Burke, Washington
- Christopher DeCresce, New York
- Matt Franker, Washington
- David Engvall, Washington
- David Martin, Washington
- Brian Rosenzweig, New York
Restructuring and Bankruptcy
- Dianne Coffino, New York
- Michael Baxter, Washington
-
Martin Beeler, New York
Technology and IP Transactions
- Suzanne Bell, Palo Alto
-
Nigel Howard, New York
Private Equity
- Stephen Infante, New York
- Sergio Urias, New York
Venture Capital and Emerging Companies
- Ellen Corenswet, New York
- Tom DeFilipps, Palo Alto
Data Privacy and Cybersecurity
Key Considerations
- Reviewing business strategies that involve the collection of health, travel, and other data from employees, customers, and other parties.
- This includes assisting with the drafting and review of health questionnaires or surveys that track employee health status to prevent COVID-19 contamination and advising on the use of thermal scanners and other technologies used to prevent such contamination.
- Advising digital health and other clients on managing privacy risks in connection with technologies and solutions that are used to support individuals during the COVID-19 pandemic.
- Advising clients responding to cyber-attacks and other external threats leveraging vulnerabilities caused by the COVID-19 pandemic and how to proactively manage those cyber risks
- Helping clients manage the privacy and cyber risks that arise in connection with remote work.
- Advising on the privacy issues relating to disclosures of health and other data from employees, customers, and others to public health authorities, other government regulators, and commercial partners.
-
Ensuring that COVID-19 policies and procedures take account of relevant guidance and directives from data privacy regulators.
-
Advising companies on lawful grounds for processing of health data generated by COVID-19 employee testing and screening programs.
Resources
- "Top 2020 Privacy Developments Relevant to Digital Health Apps," Covington Alert, January 8, 2021
- "Overview of COVID-19 Data Privacy Guidance - EEA Countries," Covington Guidance
- "Overview of COVID-19 Data Privacy Guidance - Other Countries," Covington Guidance
- "Bipartisan Bill Introduced in Senate Would Regulate COVID-19 Apps," Inside Privacy, June 4, 2020
- "IoT Update: COVID-19 Drives Forward Connected and Automated Vehicle Legislative and Regulatory Efforts," Inside Privacy, June 1, 2020
- "Democrats Introduce COVID-19 Privacy Bill That Differs in Key Respects From Republicans’ Proposal," Inside Privacy, May 21, 2020
- "ICO Issues COVID-19 Guidance for Employers," Inside Privacy, May 17, 2020
- "Italian Supervisory Authority Publishes FAQs on Data Protection and COVID-19," Inside Privacy, May 17, 2020
- "Hungarian Government Suspends GDPR Data Subjects Rights," Inside Privacy, May 15, 2020
- "HHS Announces Enforcement Discretion Over the Implementation of Interoperability Final Rules Due to COVID-19 Public Health Emergency," Inside Privacy, May 6, 2020
- "Cybersecurity Challenges During the COVID-19 Pandemic," Covington Briefing Call, May 6, 2020 - Audio recording and key takeaways
- "Republicans Poised To Introduce COVID-19 Privacy Bill," Inside Privacy, May 1, 2020
- "Issues list for airlines considering passenger and crew testing for COVID-19," May 4, 2020
- "European Data Protection Board Issues Guidelines on Processing Personal Data for Scientific Research Related to COVID-19," Inside Privacy, April 27, 2020
- "EDPB Issues New Guidance on the Use of Location Data and Contact Tracing in the Context of the COVID-19 Outbreak," Inside Privacy, April 24, 2020
- "EU Commission Releases Guidance on COVID-19 Apps," Inside Privacy, April 20, 2020
- "The Coming Wave Of Privacy Actions In The Wake Of COVID-19: Six Things To Know," Covington Alert, April 8, 2020
- "EDPB will issue data protection guidance on several topics relating to COVID-19," Inside Privacy, April 8, 2020
- "New German Legislation Facilitates Scientific Research in the Health Sector," Inside Privacy, April 6, 2020
- "The FTC’s Response to the Coronavirus Pandemic: Consumer Protection Priorities and Initial Actions," Inside Privacy, April 6, 2020
- "HHS Seeks to Facilitate Certain Uses and Disclosures of Health Data to Public Health and Health Oversight Agencies Amidst COVID-19 Nationwide Public Health Emergency," Inside Privacy, April 3, 2020
- "COVID-19 Apps and Websites – The “Pan-European Privacy Preserving Proximity Tracing Initiative” and Guidance by Supervisory Authorities," Inside Privacy, April 2, 2020
- "COVID-19 Cybersecurity Advice: FTC and FBI Provide Guidance on Cybersecurity Scam Trends and Preventive Measures," Inside Privacy, April 1, 2020
- "Greek Data Protection Authority Issues Guidelines on Data Protection and Coronavirus," Inside Privacy, March 30, 2020
- "COVID-19 EU Privacy Briefing," Covington Briefing Call, March 26, 2020 - Audio recording
- "COVID-19: FDA Regulatory Considerations for Digital Health Solutions," Covington Digital Health, March 24, 2020
- "HHS Relaxes Enforcement of Certain HIPAA Provisions Amidst COVID-19 Nationwide Public Health Emergency,"Covington Digital Health, March 24, 2020
- "FCC Clarifies that COVID-19 “Emergency Purposes” Calls/Text are Not Subject to “Prior Express Consent” Requirement," Inside Privacy, March 23, 2020
- "New York SHIELD Act Data Security Requirements Become Effective," Covington Alert, March 22, 2020
- "Guidance released by EU Authorities on How to Ensure IT Security when Working Remotely,"Inside Privacy, March 23, 2020
- "COVID-19 Cybersecurity Advice: FTC, NIST, and CISA Release Guidance on Secure Teleworking and Critical Infrastructure Jobs," Inside Privacy, March 20, 2020
- "COVID-19, Scientific Research and the GDPR – Some Basic Principles," Inside Privacy, March 20, 2020
- "Global Privacy Assembly Issues Statement on COVID-19," Inside Privacy, March 18, 2020
- "Italian Government and Trade Unions Sign Protocol on Fighting COVID-19 in the Workplace," Inside Privacy, March 17, 2020
- "Belgian Supervisory Authority Issues Guidance on Data Protection and Coronavirus," Inside Privacy, March 16, 2020
- 'Hungarian Supervisory Authority Issues Guidance on Data Protection and Coronavirus," Inside Privacy, March 14, 2020
- "Spanish Supervisory Authority Issues Statement on Data Protection and Coronavirus," Inside Privacy, March 13, 2020
- "UK Supervisory Authority Issues Statement on Data Protection and Coronavirus," Inside Privacy, March 13, 2020
- "Irish Supervisory Authority Issues Guidance on Data Protection and COVID-19," Inside Privacy, March 11, 2020
- "Key COVID-19 Issues for Privacy Professionals," Inside Privacy, March 10, 2020
- "Norwegian Supervisory Authority Issues COVID-19 Guidance," Inside Privacy, March 10, 2020
- "French Supervisory Authority issues COVID-19 Guidance," Inside Privacy, March 8, 2020
- "Danish Supervisory Authority Issues COVID-19 Guidance," Inside Privacy, March 6, 2020
- "Italian Supervisory Authority Publishes COVID-19 Guidance," Inside Privacy, March 4, 2020
-
"Cyberspace Administration of China Releases Notice on the Protection of Personal Information in the Fight Against Coronavirus," Inside Privacy, February 11, 2020
Media Mentions
-
Africa's Lack of Data Protection and Cybercrime Laws Has Created Deep Vulnerabilities. But Is Change On The Way?," The American Lawyer, May 27, 2020
-
"Creepy Technologies Invade European Post-Pandemic Workplaces," Bloomberg, May 19, 2020
-
"US lawmakers propose temporary COVID-19 privacy law," Global Data Review, May 12, 2020
-
"China’s new cybersecurity rules could hit foreign service providers," South China Morning Post, April 28, 2020
-
"Telcos share location data for coronavirus efforts," Global Data Review, March 20, 2020
-
"Some FBI spying powers in limbo with lapse of Freedom Act," Global Data Review, March 16, 2020
-
"For Some Practices, Coronavirus Uncertainty Is Bringing a Spike in Demand," The American Lawyer, March 13, 2020
Our Team
- Trisha Anderson, Washington
- Elizabeth H. Canter, Washington
- Daniel P. Cooper, Brussels
- Yan Luo, Beijing
- Kurt Wimmer, Washington
- Mark Young, London
Election and Political Law
Key Considerations
- Lobbying and FARA
- Consider whether outreach to Congress or the executive branch regarding relief legislation or regulatory action trigger lobbying registration or reporting requirements.
- Weigh whether contacts with state or local governments on issues related to the pandemic, such as relief legislation, emergency declaration, or "essential" business designation trigger state or local lobbying registration requirements.
- Assess whether activities, such as foreign manufacturers seeking to import their products or foreign countries seeking assistance in procuring medical equipment, raise a requirement to register under the Foreign Agents Registration Act.
- Bribery, Gratuities, Waste, Fraud, and Abuse
- Watch out for communications that tie political contributions or charitable support to government actions such as contracts, bailouts, or loans
- Bailout recipients should keep in mind that government investigations -- including Congressional investigations -- frequently focus on the recipients of government relief.
- STOCK Act
- Given recent market volatility, companies might revisit their insider trading policies to ensure they address trading on inside government information.
- Gifts to Government
-
Consider whether well-intentioned donations and in-kind gifts to government agencies comply with applicable "anti-deficiency," government ethics, and "behested" gift rules.
-
Resources
- "How Can Corporations Support the Voting Process?," Covington Alert, September 24, 2020
- "Congressional Pandemic Oversight Bodies Begin to Take Shape," Covington Alert, May 26, 2020
- "House Leaders Push Ahead with Proposal for Virtual Oversight," Inside Political Law, May 14, 2020
- "A Rookie’s Guide to Federal Lobbying Compliance: Four Key Risks for Companies Contacting Government Officials on COVID-19 Matters," Covington Alert, April 30, 2020
-
"State Lobbyist and Campaign Finance Filing Changes Related to COVID-19," Covington Alert, April 29, 2020
-
"GAO Set To Launch Flurry of COVID-19 Related Audits," Inside Political Law, April 22, 2020
-
"Congressional Paper Hearings: The Future or The Past?," Inside Political Law, April 9, 2020
- "Compliance Considerations for Companies and Individuals Donating Funds, Goods, or Services to Domestic Government Entities," Covington Alert, April 6, 2020
-
"Congressional Investigations in a Pandemic," Covington Briefing Call, April 3, 2020 - Audio recording
-
"Congress Creates New Oversight Functions for Coronavirus Relief," Inside Political Law, March 25, 2020
-
"House COVID 3.0 Legislation Would Ban Federal Lobbying and Impose Permanent Corporate Political Spending Disclosure Requirements for Aid Recipients," Inside Political Law, March 24, 2020
-
"Past as Prologue: The Wave of Investigations to Follow the Pandemic Recovery and Actions that Companies Can Take Now to Prepare," Covington Alert, March 31, 2020
- "Interacting with the Government During the Pandemic: Compliance Blind Spots for Corporations and Executives," Covington Alert, March 24, 2020
-
"House COVID 3.0 Legislation Would Ban Federal Lobbying and Impose Permanent Corporate Political Spending Disclosure Requirements for Aid Recipients," Inside Political Law, March 24, 2020
Our Team
- Robert K. Kelner, Washington
- Robert Lenhard, Washington
- Zachary G. Parks, Washington
- Derek Lawlor, Washington
- Susan Leahy, Washington
- Andrew D. Garrahan, Washington
- Jess Jensen, Washington
- Elizabeth Upton, Washington
Employment and Employee Benefits
Key Considerations
- Continuity of employment as the solution to the COVID-19-induced economic crisis
- Understanding new COVID-19 workplace and benefits legislation
- Compliance issues raised by employment, privacy, and benefits obligations
- Responsibilities to employees across jurisdictions
-
Employee communications
-
Reporting obligations associated with COVID-19 employee testing and screening programs
Resources
- "California’s AB 685 Expands Employers’ COVID-19 Notification Requirements, Effective January 1," Inside Compensation, December 9, 2020
- "California Employers Must Comply with New Cal/OSHA COVID-19 Workplace Safety Standards," Covington Alert, December 4, 2020
- "COVID-19 and Workforce Reorganizations Part Three: External Events—Managing the Unexpected," Covington Alert, December 2, 2020
- "Opening the Doors: Return-to-Workplace Considerations During COVID-19 - The COVID-19 Vaccine and the Workplace," Covington Alert, December 1, 2020
- "COVID-19 and Workforce Reorganizations Voluntary Separation Programs," Covington Alert, November 17, 2020
- "Extension of the UK Coronavirus Job Retention Scheme," Covington Alert, November 2, 2020
- "New California COVID-19 Workers’ Comp Bill Creates Disputable Presumption and New Reporting Requirements," Inside Compensation, October 8, 2020
- "New Coronavirus Support Scheme For UK Workers," Covington Alert, September 29, 2020
- "California Mandates COVID-19 Supplemental Sick Leave for Larger Employers," Inside Compensation, September 23, 2020
- "What You Need to Know About the New SECURE Act and CARES Act Updates to the § 402(f) Safe Harbor Rollover Notice," September 4, 2020
- "How to Wear a Mask Safely: Instructional Video," Covington Alert, August 31, 2020
- "Opening the Doors: Return-to-Workplace Considerations During COVID-19 - OSHA Reinstates Employers’ Obligations to Record Work-Related COVID-19 Cases," Covington Alert, May 21, 2020
- "Impact of Business Interruption Insurance on Short-time Work Compensation in Germany?," Covington Alert, May 20, 2020
- "Opening the Doors: Return-to-Workplace Considerations During COVID-19 (U.S. Regulatory)," Covington Alert, May 18, 2020
- "IRS Empowers Employers to Increase Health Coverage, FSA Election Flexibility During Pandemic; Clarifies HDHP COVID-19 Relief," Inside Compensation, May 14, 2020
- "Opening the Doors: Making Plans to Return to the Workplace Briefing Call," Recording and Return to Workplace Template, May 4, 2020
- "Issues list for airlines considering passenger and crew testing for COVID-19," May 4, 2020
- "Opening the Doors: Return-to-Workplace Considerations During COVID-19, Part Five: International Employment Considerations," Covington Alert, April 27, 2020
- "Opening the Doors: Return-to-Workplace Considerations During COVID-19, Part Four: Accommodating Special Circumstances," Covington Alert, April 22, 2020
- "Opening the Doors: Return-to-Workplace Considerations During COVID-19, Part Three: General Workplace Safety Precautions," Covington Alert, April 21, 2020
- "Opening the Doors: Return-to-Workplace Considerations During COVID-19, Part Two: Potential Screening Measures for Employees Returning to the Workplace," Covington Alert, April 17, 2020
- "Opening the Doors: Return-to-Workplace Considerations During COVID-19, Part One: Navigating the Legal Risk of Return," Covington Alert, April 16, 2020
- "Tri-Agency Guidance Clarifies Some FFCRA and CARES Act Health & Welfare Provisions," Inside Compensation, April 16, 2020
- "Coronavirus/COVID-19: Checklist for U.S. Employer Considerations," Covington Alert, April 8, 2020
- "Managing COVID-19: Reviewing Executive Compensation in Light of COVID-19," Covington Alert, April 7, 2020
- "CARES Act Expands COVID-19 Testing and Other Health and Welfare Benefits," Inside Compensation, April 6, 2020
- "Unemployment Insurance Benefits under the CARES Act," Inside Compensation, April 6, 2020
- "The CARES Act and Short-Time Compensation Programs," Inside Compensation, April 5, 2020
- "The Coronavirus Job Retention Scheme: Guidance for Businesses with Employees in the UK," Covington Alert, March 27, 2020
- "U.K. Government Announces Self-Employment Income Support Scheme," Inside Compensation, March 26, 2020
- "Ten Ways for U.S. Employers to Avoid Layoffs During the COVID-19 Pandemic," Covington Alert, March 24, 2020
- "Five Ways to Avoid Redundancies During The Coronavirus Crisis," Inside Compensation, March 19, 2020
- "Impact of New Coronavirus Mandatory Leave and Testing Legislation Largely Limited to Smaller Employers," Inside Compensation, March 19, 2020
- "Law Expands FMLA Coverage and Paid Sick Leave for Certain Employers," Covington Alert, March 19, 2020
- "German Labor Law Consequences of COVID-19," Covington Alert, March 19, 2020
- "Arbeitsrechtliche Folgen des Corona Virus," Covington Alert, 19. März 2020
- "OSHA Coronavirus Requirements and Guidance for Employers," Covington Alert, March 18, 2020
- "Workplace Guide to COVID-19:Solutions to Employment and Benefits Challenges Webinar" Recording and Presentation, March 17, 2020
- "Evolving Considerations for Global Business," Covington Briefing Call, March 10, 2020 - Audio presentation
-
"COVID-19: Your Health Plans and Your Business Response," Covington Alert, March 6, 2020
Media Mentions
- "When Is Fear a Protected Reason for Not Coming to Work?," SHRM, May 26, 2020
- "Going Back to Work: Tips on What Your Boss Can—and Can’t—Make You Do," Wall Street Journal, May 11, 2020
- As US Reopens, Businesses Want Protections From Lawsuits," Agence France-Presse, May 5, 20
- "‘Work Sharing’ Offers Lifeline to Companies Eyeing Virus Rebound," Bloomberg Law, April 23, 2020
- "Legal Pitfalls Loom For Employers Reopening Post-Pandemic," Law360, April 22, 2020
- "Virus-Stricken Workers Face High Hurdles When Suing Employers," Bloomberg Law, April 21, 2020
- "How should facilities deal with COVID-19?," National Products Insider, March 25, 2020
- "Companies Have Discretion Over Whether to Disclose Coronavirus Infections," The Wall Street Journal, March 13, 2020
- "For Some Practices, Coronavirus Uncertainty Is Bringing a Spike in Demand," The American Lawyer, March 13, 2020
-
"Companies Are Grappling With How to Report Coronavirus Risks," The Wall Street Journal, February 26, 2020
Our Team
- Walter Born, Frankfurt
- Chris Bracebridge, London
- Lindsay Buchanan Burke, Washington
- S. Michael Chittenden, Washington
- Michael J. Francese, Washington
- Helena Milner-Smith, London
- Robert Newman, Washington
- Carolyn Rashby, San Francisco
- Kendra L. Roberson, Washington
- Richard C. Shea, Washington
- Christopher Walter, London
Energy and Environmental
Key Considerations
- Disinfectants: Compliance with FIFRA (and state law) for pesticides, including household disinfectants and other products used to kill or mitigate viruses on surfaces.
- OSHA: Safe working environment for employees in light of COVID-19, including compliance with mandatory standards and the General Duty clause.
- Emergency Exemptions: The COVID-19 crisis and associated shutdown orders can result in an inability to fully comply with standard environmental obligations. Most environmental statutes have certain exemptions for emergencies, and EPA has announced it will exercise some enforcement discretion in light of the pandemic.
Resources
-
"California Employers Must Comply with New Cal/OSHA COVID-19 Workplace Safety Standards," Inside Energy & Environment, December 9, 2020
-
"EPA Warns UV Light Companies About Coronavirus Claims," Inside Energy & Environment, October 13, 2020
-
"EPA Issues Emergency Approval for First-Ever Residual Antiviral Product," Inside Energy & Environment, August 25, 2020
-
"Non-binding OSHA COVID-19 Guidance Sparks Calls for Federal Action and Plans for State Action to Create Binding Rules," Inside Energy & Environment, July 13, 2020
-
"Federal Agencies Highlight COVID-19 Best Practices for HVAC Systems," Inside Energy & Environment, July 1, 2020
-
"FERC Plans Conference on COVID-19 Impacts," Inside Energy & Environment, June 9, 2020
-
"Top 5 Takeaways From EPA’s New Policy on Expediting COVID-19 Disinfectant Approvals," Inside Energy & Environment, May 12, 2020
-
"EPA and CDC Urge Employers to Establish Disinfection Plans as Part of COVID-19 Reopening," Inside Energy & Environment, April 30, 2020
-
"How Will COVID-19 Affect Corporate Sustainability Efforts – Virtual Earth Day," Inside Energy & Environment, April 16, 2020
-
"OSHA Issues Interim Enforcement Guidance for COVID-19," Inside Energy & Environment, April 15, 2020
-
"EPA Expands Flexibilities for Manufacturers of “List N” Disinfectants for Use Against Coronavirus," Inside Energy & Environment, April 15, 2020
-
"EPA Provides Flexibilities to Manufacturers of “List N” Disinfectants for Use Against Coronavirus," Inside Energy & Environment, April 1, 2020
-
"EPA Is “Especially Concerned” About FIFRA Noncompliance in Light of COVID-19 Pandemic," Inside Energy & Environment, March 27, 2020
-
"New EPA and OSHA COVID-19 Guidance Underscore the Importance of Securing Pesticide Approval under EPA’s Emerging Viral Pathogens Policy," Inside Energy & Environment, March 17, 2020
Media Mentions
- "Fake Covid-19 Products Sold on Facebook, Other Sites, EPA Says," Bloomberg Law, April 23, 2020
- "EPA Cracking Down on Misbranded Coronavirus Treatment Products," Bloomberg Law, April 1, 2020
Our Team
- Thomas Brugato, Washington
- Gary S. Guzy, Washington
Financial Services Regulatory
Key Considerations
- The CARES Act provides a number of opportunities for regulated financial institutions to participate in federal lending programs in support of businesses, states, and municipalities affected by the COVID-19 pandemic (e.g., expanded SBA loan program, Treasury-funded Federal Reserve loan facilities under section 13(3) of the Federal Reserve Act).
- Institutions should evaluate these opportunities and determine whether any are a good fit for their business.
- The act also contains provisions affecting regulated banks directly, such as limited capital relief for community banks, temporary relief from the accounting requirements for troubled debt restructurings, and optional and temporary relief from the current expected credit loss methodology (CECL), and banks should understand these provisions as they may help them navigate the uncertain economic climate during the pandemic.
-
Federal and state banking agencies have been active in issuing guidance to banks to encourage them to lend and provide other banking services to customers affected by COVID-19.
Resources
- "Cheesecake Factory Penalty Signals Shift In SEC Virus Focus," Law360, December 8, 2020
- "Taking Stock: The Financial Services and Regulatory Landscape Today - Preparing for Federal Bank Regulatory Oversight and Enforcement Related to Coronavirus Responses," Covington Briefing Call, July 8, 2020 - Audio recording, agenda, related articles, and CLE remote affirmation forms
- CLE Credit Available for One Year After Program Release Date
- "Class Action Litigation Update: Key Developments From Second Quarter 2020," Covington Alert, July 7, 2020
- "Federal and State Regulators Issue Interagency Guidance Regarding Assessing Safety and Soundness During COVID-19," Cov Financial Services, July 6, 2020
- "Taking Stock: The Financial Services and Regulatory Landscape Today - Update on CARES Act Implementation and Legislative Developments," Covington Briefing Call, July 1, 2020 - Audio recording, agenda, related articles, and CLE remote affirmation forms
- CLE Credit Available for One Year After Program Release Date
- "Taking Stock: The Financial Services and Regulatory Landscape Today - New Regulatory Developments Affecting Small-Dollar Lending," Covington Briefing Call, June 24, 2020 - Audio recording, agenda, related articles, and CLE remote affirmation forms
- CLE Credit Available for One Year After Program Release Date
- "OCC Reiterates Preemption Principles In Light Of Coronavirus Relief Measures," Covington Alert, June 22, 2020
- "Taking Stock: The Financial Services and Regulatory Landscape Today - The CFPB During and After the COVID-19 Pandemic," Covington Briefing Call, June 17, 2020 - Audio recording, agenda, related articles, and CLE remote affirmation forms
- CLE Credit Available for One Year After Program Release Date
- "CFTC Approves Both Interim Final Rule and a Proposed Rule and Extends No-Action Relief in Response to Covid-19," Cov Financial Services, June 17, 2020
- "Taking Stock: The Financial Services and Regulatory Landscape Today - The impact of COVID-19 related policy measures on the financial system in Europe," Covington Briefing Call, June 10, 2020 - Audio recording, agenda, related articles, and CLE remote affirmation forms
- CLE Credit Available for One Year After Program Release Date
- "Taking Stock: The Financial Services and Regulatory Landscape Today - Housing Finance Update," Covington Briefing Call, June 3, 2020 - Audio recording, agenda, related articles, and CLE remote affirmation forms
- CLE Credit Available for One Year After Program Release Date
- "Taking Stock: The Financial Services and Regulatory Landscape Today - Session 9: White Collar and Enforcement Update," Covington Briefing Call, May 27, 2020 - Audio recording, agenda, related articles, and CLE remote affirmation forms
- CLE Credit Available for One Year After Program Release Date
- "CFPB Issues Innovative No-Action Letter Template to Reduce Regulatory Uncertainty for Banks Offering Small-Dollar Credit Products," Covington Alert, May 22, 2020
- "Federal Banking Agencies Issue Interagency Lending Principles for Offering Responsible Small-Dollar Loans," Covington Alert, May 21, 2020
- "Taking Stock: The Financial Services and Regulatory Landscape Today - Session 8: Litigation Update," Covington Briefing Call, May 20, 2020 - Audio recording, agenda, related articles, and CLE remote affirmation forms
- CLE Credit Available for One Year After Program Release Date
- "Taking Stock: The Financial Services and Regulatory Landscape Today - Session 7: Post-crisis Fintech," Covington Briefing Call, May 13, 2020 - Audio recording, agenda, related articles, and CLE remote affirmation forms
- CLE Credit Available for One Year After Program Release Date
- "Taking Stock: The Financial Services and Regulatory Landscape Today - Session 6: CFTC Updates," Covington Briefing Call, May 6, 2020 - Audio recording, agenda, related articles, and CLE remote affirmation forms
- CLE Credit Available for One Year After Program Release Date
- "Federal Reserve Bank of New York Releases Updated FAQs on Primary Market Corporate Credit Facility and Secondary Market Corporate Credit Facility," Covington Alert, May 4, 2020
- "Senators Criticize the Bureau of Consumer Financial Protection’s Decision to Ease Home Mortgage Disclosure Act Reporting Requirements," Cov Financial Services, May 4, 2020
- "COVID-19 and the Financial Regulation of English Football," Covington Alert, May 1, 2020
- "Federal Reserve Announces Changes to Main Street Lending Program," Covington Alert, May 1, 2020
- "Taking Stock: The Financial Services and Regulatory Landscape Today - Session 5: Community Reinvestment Act Developments," Covington Briefing Call, April 29, 2020 - Audio recording, agenda, related articles, and CLE remote affirmation forms
- CLE Credit Available for One Year After Program Release Date
- "Federal Reserve to Disclose Information on Borrowers of Emergency Lending Programs," Cov Financial Services, April 25, 2020
- "Reminder from the OCC: National Banks Not Subject to Visitorial Powers of State Authorities," Cov Financial Services, April 25, 2020
- "Affiliate and Family Member Relationships Under the Paycheck Protection Program: Top Five Things for Lenders to Know in Navigating Potential Conflicts of Interest," Covington Alert, April 23, 2020
- "Taking Stock: The Financial Services and Regulatory Landscape Today - Session 4: FDIC Developments," Covington Briefing Call, April 22, 2020 - Audio recording, agenda, related articles, and CLE remote affirmation forms
- CLE Credit Available for One Year After Program Release Date
- "Taking Stock: The Financial Services and Regulatory Landscape Today - Session 3: Anti-Money Laundering (AML) Developments," Covington Briefing Call, April 15, 2020 - Audio recording, agenda, related articles, and CLE remote affirmation forms
- CLE Credit Available for One Year After Program Release Date
- "Paycheck Protection Program Litigation: Four Takeaways from the First Case," Covington Alert, April 14, 2020
- "CFTC Extends Certain Comment Periods for Pending Proposed Rules in Response to Covid-19," Cov Financial Services, April 14, 2020
- "Federal Reserve Announces Main Street Lending Program and Other Facilities to Provide Credit to Businesses, States, and Municipalities Impacted by COVID-19," Covington Alert, April 9, 2020
- "Taking Stock: The Financial Services and Regulatory Landscape Today - Session 2: Federal Reserve Developments," Covington Briefing Call, April 8, 2020 - Audio recording, agenda, related articles, and CLE remote affirmation forms
- CLE Credit Available for One Year After Program Release Date
- "CFTC Announces Fourth Wave of No-Action Relief in Response to COVID-19," Cov Financial Services, April 7, 2020
- "CFPB Releases Guidance on FCRA and Regulation V Compliance During COVID-19," Cov Financial Services, April 2, 2020
- "Taking Stock: The Financial Services and Regulatory Landscape Today - CFPB Developments," Covington Briefing Call, April 1, 2020 - Audio recording, agenda and briefing outline, and CLE remote affirmation forms
- CLE Credit Available for One Year After Program Release Date
- "Federal Reserve Board Announces Six-Month Delay of Effective Date of Control Framework," Cov Financial Services, April 1, 2020
- "A Coming Wave Of Repo Litigation? Four Key Takeaways," Covington Alert, March 30, 2020
- "Agencies Encourage Banks to Make Small-Dollar Loans to Customers Affected by Coronavirus," Cov Financial Services, March 26, 2020
- "Managing COVID-19: Whether to Announce Preliminary Financial Results and Adjust Guidance," Covington Alert, March 25, 2020
- Emergency Loans, Loan Guarantees, and Other Investments Under the COVID-19 Stimulus," Covington Alert, March 24, 2020
- "Federal Banking Agency Actions to Address COVID-19: This Week at a Glance (March 15-23, 2020)," Covington Alert, March 24, 2020
- "Banking Regulators Release Interagency Statement on COVID-19 Related Loan Modifications," Cov Financial Services, March 24, 2020
- "Federal Reserve Takes Unprecedented Action to Provide Financial Assistance to U.S. Companies," Covington Alert, March 24, 2020
- "CFTC Warns of Fraudsters Capitalizing on Investors’ COVID-19 Concerns and Promises Aggressive Enforcement Action," Cov Financial Services, March 23, 2020
- "CFTC Provides Third Wave of Relief to Market Participants," Cov Financial Services, March 23, 2020
- "GOP Stimulus Bill Includes Banking and Financial Markets Relief," Cov Financial Services, March 23, 2020
- "The FDIC's Proposed Rule for Industrial Banks and Industrial Loan Companies: Five Things to Know," Covington Alert, March 19, 2020
- "FDIC Chairman Asks FASB to Respond to COVID-19 Crisis, Including by Delaying CECL," Cov Financial Services, March 19, 2020
- "FDIC Warns of Increase in Fraudulent Activity Amidst COVID-19 Anxiety," Cov Financial Services, March 19, 2020
- "CFTC Announces Limited No-Action Relief in Response to COVID-19 Pandemic," Covington Alert, March 18, 2020
- "Federal Reserve Reestablishes Primary Dealer Credit Facility to Support Market Functioning and Facilitate Credit Availability," Covington Alert, March 18, 2020
- "Federal Reserve Establishes Commercial Paper Funding Facility to Support Flow of Credit to Households and Businesses", Covington Alert, March 17, 2020
- "FinCEN Issues COVID-19-Related Guidance on SAR Filings, Heightened Risk of Disaster Fraud," Cov Financial Services, March 16, 2020
-
"Federal Reserve Takes Extraordinary Actions Supporting Financial Markets to Mitigate COVID-19 Impact," Covington Alert, March 16, 2020
Media Mentions
- "Will coronavirus hasten arrival of fully remote bank exams?," American Banker, May 1, 2020
- "COVID-19 Set To Create Wave Of UK Fraud, Graft Prosecutions," Law360, April 25, 2020
- "Blind trusts, inside information and the ‘mosaic theory’: Why charging members of Congress with insider trading is so fraught," Fortune, April 24, 2020
- "Brussels call for European investment screening but Rome has its own plan," Politico, April 17, 2020
- "Remote ID Checks Leave Retail Finance Sector Open to Fraud," Financial Times, April 16, 2020
- "Private Briefing Covid-19 Quickly Reshapes Private Markets," The Deal, April 15, 2020
- "Experten über neue Investitionsregeln: „Misstrauen statt," Juve, April 14, 2020
- "Banks Must Watch Out For Fraud Revelations Amid Pandemic," Law360, April 14, 2020
- "Democrats Want to Prevent Coronavirus Credit Report Harm," Bloomberg, March 19, 2020
- "Big mergers face delays as regulators adapt to pandemic," Financial Times, March 17, 2020
Our Team
- Nikhil V. Gore, Washington
- Jeremy Newell, Washington
- Michael Nonaka, Washington
- Anne M. Termine, Washington
Food and Beverage
Key Considerations
- The food and agriculture sector has been designated by the U.S. federal government (and several other governments around the world) as a critical infrastructure sector (“COVID-19 Update for Food Companies Navigating Quarantine Disruption”; "DEFRA announces raft of new measures to support food supply and key workers in response to COVID-19"). While this designation does not automatically preempt state and local quarantines, curfews, and related restrictions, companies facing regional difficulties in sustaining their operations and getting their goods to market can point to federal guidance to underscore the essential nature of their operations. Companies should also consider providing their employees with certifications documenting their role in sustaining this critical infrastructure, as directed by the President in his Coronavirus Guidance. Food companies experiencing supply chain, business continuity, or delivery disruptions resulting from state and local quarantines or similar restrictions may also contact the FEMA National Business Emergency Operations Center at NBEOC@fema.dhs.gov in the U.S., or liaise with their local government and trade associations in other parts of the world.
- FDA, CDC, and other public health authorities have confirmed that food and food packaging are not sources of transmission of COVID-19. Recalls would not be required if an employee handling food products tested positive for the virus.
- The primary health and safety consideration in food facilities during this crisis is the safety of the work force. Facilities should conduct enhanced sanitation of common and high-touch areas, and may wish to consider whether to adjust shifts or other aspects of their operations to enhance social distancing where feasible. Food companies should develop protocols for anticipating and managing the risk that employees will test positive for COVID-19.
- Food produced for foodservice, which market has shrunk drastically, might be able to be shifted to retail sale, even if not in fully-compliant retail packaging. The USDA's Food Safety and Inspection Service has already allowed such shifts for products it regulates, and the industry has asked FDA to consider allowing such flexibility as well. In other jurisdictions businesses should check local practice and consider asking regulators to be flexible.
-
Food companies should check their insurance policies carefully for coverage opportunities. The following policies potentially cover COVID-19-related losses: Property/Business Interruption, Event Cancellation, Pollution Legal Liability, General Liability, Directors and Officers Liability, Employment Practices Liability, and Professional Services.
Media Mentions
- "U.S. business takes on burden of testing employees for coronavirus," Financial Times, May 20, 2020
Our Team
- Maree Gallagher, Dublin
- Brian Kelly, London
- Jessica P. O’Connell, Washington
Foods, Beverage, and Dietary Supplements
- Miriam J. Guggenheim, Washington
Government Contracts
Resources
- "Congress Increases Flexibility for Forgiveness under the Paycheck Protection Program, yet Uncertainty about Implementation Remains," Inside Government Contracts, June 9, 2020
- "FEMA Continues to Push Defense Production Act Authority On Several Fronts," Inside Government Contracts, May 18, 2020
- "Emergency Contracting During COVID-19: A Guide to FAR Part 18," Inside Government Contracts, May 7, 2020
- "Responding to COVID-19-related business issues in Latin America," April 27, 2020
- "Other Transaction Authorities Given Greater Flexibility to Foster Innovation in Coronavirus Response," Inside Government Contracts, April 13, 2020
- "CARES Act Includes New Route to Recovery for Contractors Affected By COVID-19," Inside Government Contracts, April 6, 2020
- "Intellectual Property Considerations for Manufacturers Contracted under the Defense Production Act," Covington Alert, April 2, 2020
- "SBA Loan Implications for Private Equity-backed Companies," Covington Alert, April 1, 2020
- "New Paid Sick Leave Requirements Impact Government Contractors," Inside Government Contracts, March 31, 2020
- "Defense Production Act Anti-Hoarding Provisions Invoked for Coronavirus," Inside Government Contracts, March 30, 2020
- Insight: Coronavirus and the Stafford Act—What It Means for Contractors," Bloomberg Law, March 26, 2020
- "COVID-19: Preparing for Its Effects on Government Contracts," Covington Briefing Call, March 25, 2020 - Audio presentation and key takeaways
- "Interacting with the Government During the Pandemic: Compliance Blind Spots for Corporations and Executives," Covington Alert, March 24, 2020
- "The Defense Production Act and the Coronavirus Executive Order: Key Considerations," Inside Government Contracts, March 19,2020
- "The Likely Effects of COVID-19 on Contract Awards and Contract Formation," Inside Government Contracts, March 18,2020
- "State of Emergency: COVID-19, the Stafford Act, and What It All Means for Contractors," Inside Government Contracts, March 18,2020
- "FLSA Considerations In Response to Government COVID-19-Related Directions," Inside Government Contracts, March 18, 2020
-
"Can I Recover the Added Costs of Work Caused by COVID-19?," Inside Government Contracts, March 17, 2020
- "A Coronavirus Contractor’s Guide to the Defense Production Act," Inside Government Contracts, March 17, 2020
- "Government Contracting Insights: Industry May Find Relief for Coronavirus Delays," National Defense, March 16, 2020
- "A Coronavirus Contractor’s Guide to the PREP Act," Inside Government Contracts, March 13, 2020
- "Expanding the Coronavirus Disease 2019 (COVID-19) Response through Diagnostic Development," Inside Government Contracts, March 12, 2020
- "Excuse Me, My Performance Has been Interrupted' – How Excusable Delay Provisions in the FAR May Help Federal Contractors Affected by the Coronavirus," Inside Government Contracts, March 6, 2020
-
"U.S. Government Seeks Industry Solutions in Novel Coronavirus Response," Inside Government Contracts, February 11, 2020
Media Mentions
- "Billions in COVID-19 Federal Contract Awards Not Facing Protests," Bloomberg Law, June 22, 2020
- "COVID-19 stokes force majeure claims," Project Finance International, March 25, 2020
- "Coronavirus Fallout Leaves Gov't Contractors Scrambling," Law360, March 24, 2020
Our Team
- Susan B. Cassidy, Washington
- Jennifer L. Plitsch, Washington
Insurance
Key Considerations
- Coverage for business interruption losses including lost revenue and supply chain disruptions (mostly via property insurance)
- Coverage for clean-up, abatement, and removal cost recovery
- Event cancellation insurance claims
- Liability insurance for defense/resolution of COVID-19 lawsuits and supply chain losses
-
D&O, Employment Practices, Trade Credit and other financial lines insurance claims
Resources
- "A Guide To Insurance Protections As Businesses Reopen,,' Law360, September 4, 2020
- "Developments in Coronavirus Coverage Litigation and Legislation," Covington Alert, August 13, 2020
- "The UK FCA’s Test Case Concludes – What Next For Policyholders?" Covington Alert, August 12, 2020
- "Impact of Business Interruption Insurance on Short-time Work Compensation in Germany?," Covington Alert, May 20, 2020
- "The UK FCA’s Statement On BI Insurance – What Does It Mean For Policyholders?," Covington Alert, May 6, 2020
- "Policyholders Beware: The Risks of Multi-District and Class Action Treatment of COVID-19 Insurance Claims," Covington Alert, May 4, 2020
- "Responding to COVID-19-related business issues in Latin America," April 27, 2020
- "Update on Coverage for COVID-19 — Best Practices and Lessons Learned," Covington Briefing Call, April 23, 2020 - Audio recording and materials
- "Unemployment Insurance Benefits under the CARES Act," Inside Compensation, April 6, 2020
- "COVID-19 in Africa: Risks and Guidance," Covington Briefing Call, April 3, 2020 - Audio recording and key takeaways
- "Covington's Ability to Help Respond to the COVID-19 Pandemic in Africa," Cov Africa, March 26, 2020
- "The Coming Wave Of Credit Card “Billing Error” Disputes: Six Things To Know," Covington Alert, March 26, 2020
- "Insight: Coronavirus and the Stafford Act—What It Means for Contractors," Bloomberg Law, March 26, 2020
- "8 Possible Paths To Insurance Coverage For COVID-19 Losses,"Law360, March 26, 2020
- "COVID-19 Insurance Considerations For UK Cos.,"Law360, March 23, 2020
- "Coronavirus/COVID-19 Insurance Best Practices"
- "Evolving Considerations for Global Business," Covington Briefing Call, March 10, 2020 - Audio presentation
-
"What You Need To Know About Insurance For The Coronavirus," Covington Alert, February 10, 2020
Media Mentions
- "Business disruption insurance: can it help with coronavirus?," Financial Times, April 6, 2020
-
"For Some Practices, Coronavirus Uncertainty Is Bringing a Spike in Demand," The American Lawyer, March 13, 2020
Our Team
If you have any questions regarding coverage for the coronavirus, please contact one of the many experienced members of our Insurance Recovery Practice or one of the following practice group chairs:
- Anna P. Engh, Washington
- Benedict M. Lenhart, Washington
- Marty Myers, San Francisco
International Trade
Key Considerations
- CFIUS
- Reviews of foreign investment in technologies and other critical supplies for COVID-19 and distressed assets.
- Impact of COVID-19 on Committee on Foreign Investment in the United States (CFIUS) operations.
- Trade Controls
- Export controls related to cross-border projects to combat COVID-19, including export controls relevant to virus samples and related equipment and technology.
- New restrictions on the export from the European Union and United Kingdom of certain medical equipment and medicines.
- Licenses related to exports of COVID-19 therapies to Iran, Cuba, and other sanctioned markets.
- Trade Law, Policy, Disputes
- Section 301 tariff exclusions for COVID-19-related imports.
- Import of goods essential for combating COVID-19.
-
Duty, tax, and fee payment extensions and other duty deferral and mitigation options.
Resources
- "Interview with Brazilian Chargé d'Affaires, Nestor Forster, on Brazil's response to the COVID-19 pandemic, including current cross-border issues," Covington Briefing Call, May 15, 2020
- "Frequently Asked Questions for New Importers of PPE and Other COVID-19-Related Products," April 28, 2020
- "Responding to COVID-19-related business issues in Latin America," April 27, 2020
- "UK Sanctions Enforcement Update," Covington Alert, April 10, 2020
- "The FTC’s Response to the Coronavirus Pandemic: Consumer Protection Priorities and Initial Actions," Covington Alert, April 7, 2020
- "COVID-19: Implications for CFIUS," Covington Alert, April 1, 2020
- "Interview with Mexican Ambassador to the United States, Martha Bárcena, on Mexico's response to the COVID-19 pandemic, including current cross-border issues," Covington Briefing Call, March 25, 2020
- "COVID-19 Tariff Relief," Covington Alert, March 20, 2020
-
"COVID-19: New EU and EU Member State Export Controls Measures," Covington Alert, March 20, 2020
Media Mentions
- "COVID-19 and CFIUS: Coronavirus Pandemic Slows National Security Reviews," Corporate Counsel, April 7, 2020
Our Team
CFIUS
- David N. Fagan, Washington
-
Mark E. Plotkin, Washington
Trade Controls
- Peter L. Flanagan, Washington
- Kimberly A. Strosnider, Washington
-
David Lorello, London
Trade Law, Policy, Disputes
- Shara L. Aranoff, Washington
-
John K. Veroneau, Washington
Life Sciences
Key Considerations
- Working with Food and Drug Administration (FDA), the European Medicines Agency (EMA), the China National Medical Products Administration (NMPA), and other health authorities on behalf of industry trade associations, pharmaceutical companies, and medical device companies to help expedite authorization of medical products to respond to the COVID-19 public health emergency.
- Helping clients obtain FDA emergency use authorizations (EUA) and associated PREP Act protections for medical products to diagnose, prevent, and treat COVID-19. This often involves navigating parallel and joint negotiations with HHS, FDA, BARDA, NIAID, and CDC on the research.
- Handling unique regulatory issues presented by the pandemic, including challenges around ongoing clinical trials, supply chain disruptions, drug shortages, and GMP matters, among others.
-
Assisting companies outside of the life sciences industry to bring forward novel solutions and repurpose operations to aid with the response to the pandemic, including manufacture of hand sanitizers, personal protective equipment, and ventilators.
-
Given that many jurisdictions have issued “stay” or “shelter” in place orders, introduced restrictions on workers travel, and other measures, helping businesses assess exemptions for “essential” activities, which can include pharmaceutical, medical device, manufacturing, and other select activities based on the relevant country, state, and local orders. For example, Ireland, a key jurisdiction for pharmaceutical manufacturing and the global supply chain of medicines has exempted such activities (see here).
-
Advising companies on COVID-19 employee testing and screening programs, including health authority approval requirements and regulation of testing materials (assays etc.).
Digital Health
- Governments and private organizations are looking for digital solutions to help identify, monitor, track, prevent, mitigate and otherwise aid with the global response to COVID-19.
- Life sciences companies, tech companies, and healthcare systems are entering into new collaborations (including with industrial manufacturers) -- in an expedited manner -- to bring expertise together around therapeutics, devices, diagnostics, manufacturing, and AI and machine learning, to advance solutions that will help combat the pandemic.
- Telemedicine solutions are taking a new level of importance given the need for social distancing and for keeping our healthcare facilities open for patients who need it most.
- 3-D printing as means of rapidly deploying manufacturing capabilities in response to a crisis.
-
Greater health surveillance may be a lasting trend for society and public health policy.
Healthcare
- Drug and biotech companies are increasingly looking to donate drugs to hospitals on the front lines of the COVID-19 crisis--including drugs for unrelated conditions.
- Drug and biotech companies are expanding their patient assistance programs to accommodate patients who can no longer afford their drugs as a result of the economic shut down.
- Drug and biotech companies are shifting to a model of virtual detailing and virtual speaker programs with health care professionals and are considering other ways to engage with customers digitally.
- Life Sciences companies are accelerating telemedicine partnerships and initiatives as both public and private payers broaden access and reimbursement to these services to help meet the challenges of social distancing related to COVID-19.
- Life Science companies are considering changes to their patient support programs to address COVID-19 related limitations on capturing patient consents, prescription reauthorizations from providers, and related enrollment information.
-
Life sciences companies are actively exploring how their data and data analytics capabilities can be used to identify and intervene with vulnerable populations, predict developing concentrations of infection, and effectively deploy limited resources.
Medical Devices
- United States
- FDA's Emergency Use Authorizations (EUA), GMP waivers, and enforcement policies for devices needed for COVID-19 response efforts (e.g., diagnostic tests and supplies, ventilators, mask/respirators, personal protective equipment, patient monitoring devices, digital tools) and how to engage with FDA
- Regulatory requirements for efforts to increase production of critical medical devices, including modifying devices to address supply chain issues, increasing production at existing manufacturing lines, 3D printing, and manufacturing by non-traditional device companies
- Impact of COVID-19 response on FDA and other regulator operations (e.g., inspections, review of submissions) and on medical device manufacturer compliance activities (e.g., postmarket reporting)
- Lability considerations for companies manufacturing or distributing medical devices, including availability of PREP Act immunity
- United Kingdom and European Union
- EU Special Authorizations - Exceptional use rules of EU member state authorities to permit marketing of non-CE marked devices, including flexibility to market ventilators in the UK under the MHRA's “Rapidly Manufactured Ventilator System” Specification
- European Commission's decisions on harmonized standards for conformity assessment procedures for certain devices critical to the pandemic response, including medical face masks, surgical drapes, gowns and suits, washer-disinfectors and sterilization
- EU MDR - Implications of the European Commission's plans to postpone the application date of the new Medical Device Regulation 2017/745 in the EU
- China
- China's Special Approvals pathway for in vitro diagnostics for COVID-19
- Evolution of e-diagnosis and internet hospital solutions and technology in response to the healthcare shortages in China
- Considerations surrounding exportation from China of ventilators and masks, including issues surrounding medical-use versus industrial/hygiene-use masks
- Restrictions on medical device manufacturing operations in China pursuant to the Emergency Response Law and other related legislation and policy
-
China's National Medical Product Administration's delay of medical device license amendments and renewal applications and continued marketing of existing products
Drugs/Pharmaceuticals and Biotechnology
- Product liability aspects of off-label use of drugs and devices
- Allocation of limited supplies of drugs and devices
- Delay in regulatory action (e.g. postponing pre-approval inspections)
- Impact of the public health crisis on FDA and other regulators -- changed review priorities, inability to hold in-person meetings, postponement of required preapproval inspections, etc.
- Effects on clinical trials -- informed consent procedures, enhanced remote monitoring, etc.
- Procedures for expedited development and approval of medical products -- diagnostics, personal protective equipment, ventilators and other medical devices for treatment of patients, antivirals and other drug treatments, vaccines
- Potential for public/private partnerships, government contracts or grants for development of needed medical products or construction of new manufacturing facilities
- Expanded access and compassionate use programs for investigational products
- Liability issues associated with expedited approvals
- Commercial disputes and potential insurance claims related to voluntary or mandatory interruptions in manufacturing and supply operations
-
Scope of federal authority under the U.S. Defense Production Act and comparable laws in other jurisdictions
China
- China's Special Approval pathway for drugs for COVID-19, including approvals for clinical development and testing issues
- Restrictions on drug manufacturing operations in and supply from China pursuant to the Emergency Response Law and other related legislation and policy
- Adjustments to development plans and clinical trial operations in China related to continued quarantine restrictions
-
Regulatory issues related to evolution of e-diagnosis and internet hospital solutions and technology in response to the healthcare shortages in China, including related to drug distribution and promotion
Resources
- "BIO 2020: Are We Ready for Decentralized Clinical Trials?," BioSpace, June 12, 2020
- "Consumer Product Safety Compliance During the COVID-19 Pandemic," Covington Alert, April 30, 2020
- "COVID-19: Updates for Pharmaceutical Companies," Covington Briefing Call, April 23, 2020 - Audio recording
-
"COVID-19: Evolving Considerations for the Life Sciences Industry," Covington Briefing Call, March 13, 2020 - Audio recording
Food and Drug
- "FDA Releases Guidance on Resuming Normal Drug and Biologics Manufacturing Operations During COVID-19," Covington Alert, September 17, 2020
- "FDA Announces Availability of Temporary Guidance on Manufacturing, Supply Chain, and Drug Inspections During COVID-19," Covington Alert, August 20, 2020
- "EHR Interoperability: Public Health Benefits & Privacy Considerations," Covington Digital Health, July 30, 2020
- "FDA Announces Six-Month Extension of Enforcement Discretion Policy for Certain Regenerative Medicine Products," Covington Alert, June 23, 2020
- "FDA Releases Guidance on COVID-19 CGMP Considerations for Drug Manufacturers," Covington Alert, June 22, 2020
- "FDA Grants Flexibility for Minor Changes to Labeled Ingredients," Covington Alert, May 26, 2020
- "FDA and USDA Publish MOU to Prevent Interruptions at FDA-Regulated Food Facilities," Covington Alert, May 22, 2020
- "Opening the Doors: Return-to-Workplace Considerations During COVID-19 (U.S. Regulatory)," Covington Alert, May 18, 2020
- "FDA Issues Temporary Guidance on New CARES Act Provision Requiring Certain Device Notifications to CDRH," Covington Alert, May 4, 2020
- "FCC Waives Equipment Authorization Rules for GE Healthcare to Address COVID-19 Supply Chain and Testing Challenges," Covington Digital Health, May 12, 2020
- "HHS Announces Enforcement Discretion Over the Implementation of Interoperability Final Rules Due to COVID-19 Public Health Emergency," Covington Digital Health, May 6, 2020
- "COVID-19 Updates of Relevance to the Food Industry," Covington Alert, May 4, 2020
- "New FDA Guidance Describing Exemptions, Exclusions, and Discretion Relating to Drug Supply Chain Security Act Requirements During the COVID-19 Public Health Emergency," Covington Alert, May 5, 2020
- "COVID-19 Updates of Relevance to the Food Industry," Covington Alert, May 1, 2020
- "Republicans Poised To Introduce COVID-19 Privacy Bill," Covington Digital Health, May 1, 2020
- "International Trends in Responses to the COVID-19 Pandemic in the Pharmaceutical Sector," Covington Alert, April 30, 2020
- "Commission Publishes Further Guidance on Clinical Trial Conduct During COVID-19 Pandemic," Inside EU Life Sciences, April 30, 2020
- "German Government Adopts FDI Emergency Measures with Focus on Healthcare Sector," Inside EU Life Sciences, April 29, 2020
- "Responding to COVID-19-related business issues in Latin America," April 27, 2020
- "FDA COVID-19 Updates of Relevance to the Food Industry," Covington Alert, April 27, 2020
- "CMS Announces New Flexibilities For Coverage of Medicare Part B Drugs Administered in a Home Setting," Covington Alert, April 20, 2020
- "FDA COVID-19 Updates of Relevance to the Food Industry," Covington Alert, April 21, 2020
- "HHS Imposes Terms and Conditions on Disbursed PHSSEF Funds and Prepares to Disburse Additional Amounts," Covington Alert, April 20, 2020
- "HHS Relaxes HIPAA Enforcement for Certain Covered Entities and Business Associates Regarding Their Participation in COVID-19 Community-Based Testing Sites," Covington Digital Health, April 20, 2020
- "FDA Issues COVID-19 Policy for Certain Digital Health Solutions," Covington Digital Health, April 18, 2020
- "Ireland’s HPRA to fast-track review of Covid-19 related Clinical Trials and Clinical Investigations," Inside EU Life Sciences, April 14, 2020
- "State Medical Licensing Changes to Combat COVID-19," Covington Digital Health, April 14, 2020
- "European Commission Publishes Exceptional Antitrust Guidance for Undertakings Collaborating to Address the Shortage of Essential Products and Services during COVID-19," Inside EU Life Sciences, April 10, 2020
- "Belgium replaces COVID-19 medicines export ban to non-EEA countries with system of export control," Inside EU Life Sciences, April 10, 2020
- "European Commission issues Guidelines on the rational supply of medicines to avoid shortages during the COVID-19 crisis, calls for lifting export bans within the EU," Inside EU Life Sciences, April 9, 2020
- "China and the United States Adjust Export/Import Policies on PPE," Covington Alert, April 6, 2020
- "CARES Act Reforms Aim to Prevent Shortages of Critical Medical Products," Covington Alert, April 5, 2020
- "Belgium adopts export ban on certain medicines to non-EEA countries and other measures to avoid COVID-19 shortages," Inside EU Life Sciences, April 4, 2020
- "HHS Seeks to Facilitate Certain Uses and Disclosures of Health Data to Public Health and Health Oversight Agencies Amidst COVID-19 Nationwide Public Health Emergency," Covington Digital Health, April 3, 2020
- "AI Update: Using Artificial Intelligence to Combat COVID-19," Covington Digital Health, April 3, 2020
- "European Commission publishes Guidance relating to COVID-19 and Public Procurement," Inside EU Life Sciences, April 2, 2020
- "FDA Releases Updated Guidance on Clinical Trial Conduct During COVID-19 Pandemic," Covington Alert, April 2, 2020
- "COVID-19 Update for Food Companies Navigating Quarantine Disruption - March 30, 2020," Covington Alert, March 30, 2020
- "The Italian Medicines Agency publishes Guidance on the management of clinical trials in Italy during the COVID-19 emergency," Inside EU Life Sciences, March 30, 2020
- "FDA Releases Guidance on Reporting Potential Disruptions in Supply During COVID-19 Pandemic," Covington Alert, March 30, 2020
- "Over-the-Counter Monograph Reform in the CARES Act," Covington Alert, March 27, 2020
- "FDA Grants Nutrition Labeling Flexibility in Response to COVID-19 Pandemic," Covington Alert, March 27, 2020
- "EMA Publishes Guidance on Clinical Trial Conduct During COVID-19 Pandemic," Inside EU Life Sciences, March 25, 2020
- "TechForce19: UK Government promises up to £25,000 for innovator companies that develop digital support solutions for COVID-19," Inside EU Life Sciences, March 25, 2020
- "MHRA announces a risk-based prioritisation of on-site Good Practice inspections during COVID-19," Inside EU Life Sciences, March 25, 2020
- "COVID-19 Update for Food Companies Navigating Quarantine Disruption," Covington Alert, March 24, 2020
- "MHRA issues specification for a “Rapidly Manufactured Ventilator System” for use in hospitals during the COVID-19," Inside EU Life Sciences, March 23, 2020
- "New FDA Guidances Allowing Preparation of Certain Alcohol-Based Hand Sanitizer Products During COVID-19 Public Health Emergency," Covington Alert, March 20, 2020
- "DEFRA announces raft of new measures to support food supply and key workers in response to COVID-19," Inside EU Life Sciences, March 20, 2020
- "FDA Addresses Implications of Coronavirus for the Nation's Food Supply," Covington Alert, March 19, 2020
-
"FDA Releases Guidance on Clinical Trial Conduct During COVID-19 Pandemic," Covington Alert, March 19, 2020
Medical Devices and Diagnostics
- "Issues list for airlines considering passenger and crew testing for COVID-19," May 4, 2020
- "Effective date of EU Medical Device Regulation now officially delayed by 1 year," Inside EU Life Sciences, April 17, 2020
- "European Commission proposes postponement of the new EU Medical Device Regulation and broadens Emergency Use Authorization Rules," Covington Alert, April 6, 2020
- "European Commission publishes proposal to postpone the application date of the Medical Device Regulations in response to COVID-19," Inside EU Life Sciences, April 3, 2020
- "COVID-19: Regulatory Considerations for Medical Device Companies," Covington Alert, March 29, 2020
- "Digital Health Alert: Product Liability Considerations for COVID-19-Related Solutions," Covington Digital Health, March 26, 2020
- "European Commission plans to postpone the application date of the Medical Device Regulations in response to COVID-19," Inside EU Life Sciences, March 25, 2020
-
"FDA Releases Guidance on Postmarketing Adverse Event Reporting During a Pandemic," Covington Alert, March 20, 2020
Media Mentions
-
"The coronavirus pandemic is reigniting a fierce debate over compounded drugs," STAT News, June 9, 2020
-
"BIO 2020: Are We Ready for Decentralized Clinical Trials?," BioSpace, June 12, 2020
-
"Food and drug regulatory specialists help turn vodka into sanitizer," Daily Journal, April 23, 2020
-
"For Some Practices, Coronavirus Uncertainty Is Bringing a Spike in Demand," The American Lawyer, March 13, 2020
Our Team
Digital Health
- Wade Ackerman, Los Angeles
- Sarah Cowlishaw, London
- Van W. Ellis, Washington
- Nigel L. Howard, New York
-
Daniel Pavin, London
Healthcare
- Rujul Desai, Washington
- Stefanie A. Doebler, Washington
-
Anna D. Kraus, Washington
Medical Devices
- Scott D. Danzis, Washington
- Shankar Duraiswamy, Washington
- Pamela F. Forrest, Washington
- Sarah A. Franklin, Washington
- Andrew W. Ment, New York
-
Gary M. Rubman, Washington
Drugs/Pharmaceuticals and Biotechnology
- Krista Hessler Carver, Washington
- Denise Esposito, Washington
- Geoffrey E. Hobart, Washington
- John A. Hurvitz, Washington
- Michael X. Imbroscio, Washington
- Richard F. Kingham, Washington
- Carolyn Kubota, Los Angeles
- Matthew J. O’Connor, Washington
- Christopher N. Sipes, Washington
-
Amy L. Toro, San Francisco
Drugs and Biologics, including Vaccines
- Denise Esposito, Washington
- Krista Hessler Carver, Washington
- Richard F. Kingham, Washington
- Non-Prescription Products (including hand sanitizers)
- Jessica P. O'Connell, Washington
- EU & UK
- Peter W.L. Bogaert, Brussels
- Sarah Cowlishaw, London
- Grant H. Castle, London
- Ireland
- Maree Gallagher, Dublin
- China
- John Balzano, New York
Policy
Key Considerations
Global
- Business closure rules
- Travel restrictions – both in-country and border closures
- Designation of “critical workers” / “critical industries” that may continue operations
- Engaging regional and national governments on support measures, continuity of operations (including ensuring that “critical industries” may operate)
-
Impact of responses to COVID-19 on EU FDI screening policy
Public Policy/State and Local
- Essential business exemptions
- "Stay at home" orders
- State recovery legislation
- State implementation of federal recovery legislation
-
State and local lobbyist vetting
Resources
- "California’s AB 685 Expands Employers’ COVID-19 Notification Requirements, Effective January 1," Global Policy Watch, December 10, 2020
- "California Employers Must Comply with New Cal/OSHA COVID-19 Workplace Safety Standards," Global Policy Watch, December 4, 2020
- "Extension of the UK Coronavirus Job Retention Scheme," Global Policy Watch, November 3, 2020
- "African governments ease COVID-19 restrictions and reopen economies," Global Policy Watch, October 12, 2020
- "South Africa Eases COVID-19 Restrictions," Global Policy Watch, September 29, 2020
- "California Mandates COVID-19 Supplemental Sick Leave for Larger Employers," Global Policy Watch, September 23, 2020
- "FDA Releases Guidance on Resuming Normal Drug and Biologics Manufacturing Operations During COVID-19," Global Policy Watch, September 17, 2020
- "The CMA’s Guidance on Merger Assessments During the Coronavirus (COVID-19) Pandemic and Recent CMA Cases," Global Policy Watch, August 12, 2020
- "South Africa Prepares to Further Ease Lockdown Restrictions," Global Policy Watch, June 29, 2020
- "CFTC Approves Both Interim Final Rule and a Proposed Rule and Extends No-Action Relief in Response to Covid-19," Global Policy Watch, June 17, 2020
- "Congress Increases Flexibility for Forgiveness under the Paycheck Protection Program, yet Uncertainty about Implementation Remains," Global Policy Watch, June 9, 2020
- "Congressional Pandemic Oversight Bodies Begin to Take Shape," Covington Alert, May 26, 2020
- "Federal Agencies Share Principles for Offering Small-Dollar Loans," Global Policy Watch, May 26, 2020
- "South Africa prepares to ease lockdown restrictions," Cov Africa, May 20, 2020
- "Interview with Brazilian Chargé d'Affaires, Nestor Forster, on Brazil's response to the COVID-19 pandemic, including current cross-border issues,"Covington Briefing Call, May 15, 2020
- "FEMA Continues to Push Defense Production Act Authority On Several Fronts," Global Policy Watch, May 18, 2020
- "Emergency Contracting During COVID-19: A Guide to FAR Part 18," Global Policy Watch, May 7, 2020
- "COVID 19 – US and EU Competition Law Implications (6 May 2020)," Global Policy Watch, May 6, 2020
- "The EU Post-COVID-19: Regulating for Recovery and Revival," Covington Alert, May 5, 2020
- "Senators Criticize the Bureau of Consumer Financial Protection’s Decision to Ease Home Mortgage Disclosure Act Reporting Requirements," Global Policy Watch, May 5, 2020
- "It’s Time to Help Africa Fight the Virus," Foreign Policy, April 29, 2020
- "Responding to COVID-19-related business issues in Latin America," April 27, 2020
- "COVID-19: Business Rescue, a Viable Option for South African Companies," Global Policy Watch, April 21, 2020
- "COVID-19: Which South African Businesses Can Continue Operations During the Extended Nation-wide Lockdown?," Global Policy Watch, April 21, 2020
- "Competition Enforcement Under the COVID-19 Crisis: DG COMP Staff’s Views," Global Policy Watch, April 21, 2020
- "South Africa’s Economic Response to the Covid-19 Pandemic (Part II)," Global Policy Watch, April 21, 2020
- "Importers Facing “Economic Hardship” May Seek To Delay Payment of Ordinary Tariffs For 90 Days: Punitive Tariffs and Trade Remedies Excluded," Covington Alert, April 20, 2020
- "Past as Prologue: The Wave of Investigations to Follow the Pandemic Recovery and Actions that Companies Can Take Now to Prepare," Global Policy Watch, April 17, 2020
- "COVID 19 – US and EU Competition Law Implications (16 April 2020)," Global Policy Watch, April 16, 2020
- "Federal and State Price-Gouging Enforcement in the Era of COVID-19," Global Policy Watch, April 14, 2020
- "COVID-19 Relief and Nonprofits: What You Need to Know," Global Policy Watch, April 13, 2020
- "USPTO Uses CARES Act Authority to Extend Deadlines for Patent and Trademark Owners and Applicants," Global Policy Watch, April 13, 2020
- "Belgium replaces COVID-19 medicines export ban to non-EEA countries with system of export control," Global Policy Watch, April 10, 2020
- "Competition law in the time of coronavirus: UK regulators’ response and approach to the COVID-19 pandemic," Global Policy Watch, April 9, 2020
- "COVID 19 – US and EU Competition Law Implications (9 April 2020)," Global Policy Watch, April 9, 2020
- "Congressional Paper Hearings: The Future or The Past?," Global Policy Watch, April 9, 2020
- "German Government decides on tightening the National FDI Screening Regime," Global Policy Watch, April 9, 2020
- "Audio and Key Takeaways Re: Covington’s Ability to Help Respond to the COVID-19 Pandemic in Africa," Global Policy Watch, April 7, 2020
- "South Africa’s Economic Response to the Covid-19 Pandemic," Cov Africa, April 6, 2020
- "CARES Act Includes New Route to Recovery for Contractors Affected By COVID-19," Global Policy Watch, April 6, 2020
- "AI Update: Using Artificial Intelligence to Combat COVID-19," Global Policy Watch, April 3, 2020
- "CFPB Releases Guidance on FCRA and Regulation V Compliance During COVID-19," Global Policy Watch, April 3, 2020
- "COVID-19 in Africa: Risks and Guidance," Covington Briefing Call, April 3, 2020 - Audio recording and key takeaways
- "The CARES Act: What You Need to Know," Covington Alert, March 27, 2020
- "CARES Act: Defense/National Security Inputs," Covington Alert, March 27, 2020
- "CARES Act Will Support Internet Connectivity for Remote Education, Healthcare, and Work," Global Policy Watch, March 27, 2020
- "Agencies Encourage Banks to Make Small-Dollar Loans to Customers Affected by Coronavirus," Global Policy Watch, March 27, 2020
- "Covington’s Ability to Help Respond to the COVID-19 Pandemic in Africa," Cov Africa, March 26, 2020
- "COVID-19: Which South African Businesses Can Operate During the Nation-wide Lockdown?," Cov Africa, March 26, 2020
- "COVID-19 FCC Update: Guidance for Broadcasters," Covington Alert, March 26, 2020
- "Interacting with the Government During the Pandemic: Compliance Blind Spots for Corporations and Executives," Covington Alert, March 24, 2020
- "Coronavirus: Potential Implications for Africa," Cov Africa, March 18, 2020
- "A Coronavirus Contractor’s Guide to the PREP Act," Global Policy Watch, March 13, 2020
-
"Evolving Considerations for Global Business," Covington Briefing Call, March 10, 2020 - Audio presentation
-
"That's a Wrap: What Leading Appellate Lawyers Say About Historic SCOTUS Arguments," National Law Journal, May 13, 2020
Media Mentions
- "Europe Takes Steps to Block Chinese Bargain Hunters," New York Times, June 17, 2020
- "Lawyers Uneasy as COVID-19 Delays Africa Free Trade Deal," Law.com International, June 11, 2020
- "How coronavirus could alter Feds thinking about stress tests," American Banker, May 28, 2020
- "Democracy in the times of COVID-19 with Věra Jourová," Bruegel, May 14, 2020
- "Pandemic makes climate action case as sustainable funds do well," Roll Call, May 13, 2020
-
"Dark Clouds Loom for Lobby Firms Currently Buzzing With Business," Bloomberg Law, April 22, 2020
-
"Navigating Virtual Brussels," Politico, April 22, 2020
- "COVID-19 Kept BigLaw Lobbyists Busy In Q1," Law360, April 21, 2020
- "COVID-19 and CFIUS: Coronavirus Pandemic Slows National Security Reviews," Corporate Counsel, April 7, 2020
- "Startups Face Uncharted Waters As Funding Dries Up," Law360, March 27, 2020
- "From Legal Adviser to Crisis Manager: How Lawyers are Responding to Clients' Pandemic Panic," UK Legal Week, March 27, 2020
- "FEMA Walks Back Use Of Wartime Law To Get Virus Test Kits," Law360, March 25, 2020
- "Telcos share location data for coronavirus efforts," Global Data Review, March 20, 2020
- "Democrats Want to Prevent Coronavirus Credit Report Harm," Bloomberg, March 19, 2020
- "Test makers say testing volume ramping up quickly despite concerns over reagents," BioTech, March 19, 2020
-
"For Some Practices, Coronavirus Uncertainty Is Bringing a Spike in Demand," The American Lawyer, March 13, 2020
Our Team
Legislative
- Layth Elhassani, Washington
-
Muftiah M. McCartin, Washington
Federal
- White House Executive Orders and Federal Action
- Trisha B. Anderson, Washington
- Defense Production Act (DPA) and Stafford Act
- Frederic M. Levy, Washington
- Jennifer L. Plitsch, Washington
- Key Agencies
- State Department: Alan P. Larson, Washington
- Department of Homeland Security: Alan Bersin, Washington
- Department of Transportation: Jack L. Schenendorf, Washington
- Department of Commerce: Peter Lichtenbaum, Washington
-
Food and Drug Administration: Wade Ackerman, Los Angeles
State and Local
- Trisha B. Anderson, Washington
-
Matthew S. Shapanka, Washington
Global
- Europe
- Sebastian F.A. Vos, Brussels
- Asia
- Christopher Adams, Washington
- Ichiro ("Ike") Morinaga, Washington
- William H.Y. Park, Seoul
- Timothy P. Stratford, Beijing
- Latin America and Canada/Mexico
- Kimberly Breier, Washington
- Africa
- Witney Schneidman, Washington
- Middle East
- Tarek M. Khanachet, New York
Tax
Key Considerations
- Tax provisions in the Coronavirus Aid, Relief, and Economic Security (CARES) Act
- Impacts of the TCJA on companies with U.S. losses
- Changes to certain rules and regimes, including net operating loss (NOL), global intangible low-taxed income (GILTI), foreign-derived intangible income (FDII), base erosion and anti-abuse tax (BEAT), and Section 965 Transition Tax
- Payroll tax
- Mitigation through planning
-
Mitigation through policy changes
Resources
- "Fourth (and Final?) COVID Relief Measure Clears House and Senate," Tax Withholding and Reporting, December 22, 2020
- "Bad News for New York Nonresident Telecommuters: New York Issues COVID-19 Telecommuting Guidance," Tax Withholding and Reporting, October 23, 2020
- "New Hampshire Brings COVID-19 Tax Dispute to Supreme Court; Case Highlights Challenges Facing Employers and Employees," Tax Withholding and Reporting, October 20, 2020
- "Transfer Pricing Considerations in the Context of COVID-19," Covington On-Demand Briefing, October 20, 2020
- "Interesting Times: Tax Controversy in the Era of COVID-19," Covington On-Demand Briefing, September 29, 2020
- "IRS Warns Employers Claiming New Tax Credits of Erroneous Penalty Notices," Tax Withholding and Reporting, August 26, 2020
- "IRS Releases Additional FAQs on Deferral of Employment Tax Deposits Under Section 2302 of the CARES Act," Tax Withholding and Reporting, August 13, 2020
- "Senate Bill Would Ignore COVID-19 Assistance in Determining Worker Classification; Treat Certain Benefits as Qualified Disaster Relief Payments," Tax Withholding and Reporting, August 5, 2020
- "Senate Republican Proposal Includes Payroll Tax Credit to Defray Employer Expenses for COVID-19 Prevention," Tax Withholding and Reporting, July 30, 2020
- "Senate Republican Proposal Would Enhance Employee Retention Credit," Tax Withholding and Reporting, July 30, 2020
- "Recapture of Excess COVID-19 Payroll Tax Credits Addressed in New Regs," Tax Withholding and Reporting, July 30, 2020
- "Senate Republican Proposal Would Expand WOTC to Spur Hiring," Tax Withholding and Reporting, July 29, 2020
- "DAC 6 Implementation Imminent in Finland and Germany Despite Delays in Other EU Countries and the UK Due to COVID-19," Tax Withholding and Reporting, July 9, 2020
- "Notice 2020-54 Requires Reporting of Qualified Sick Leave Wages and Qualified Family Leave Wages Under FFCRA," Tax Withholding and Reporting, July 9, 2020
- "IRS Provides Guidance on Leave Donation Programs in Response to COVID-19 Pandemic," Tax Withholding and Reporting, July 1, 2020
- "IRS Updates FAQs on Employee Retention Credit Enacted as Part of CARES Act," Tax Withholding and Reporting, June 29, 2020
- "IRS Provides COVID-19 Emergency Relief for Individuals Planning to Claim the Foreign Earned Income Exclusion," Tax Withholding and Reporting, May 22, 2020
- "IRS Provides Relief for Nonresidents Unable to Depart U.S. Due to Pandemic," Tax Withholding and Reporting, May 14, 2020
- "State Approaches to Telework and Withholding Taxes Differ During COVID-19 Pandemic," Tax Withholding and Reporting, May 5, 2020
- "IRS FAQs Provide More Guidance on Employee Retention Credit for Employers Using Third Party Payers," Tax Withholding and Reporting, May 5, 2020
- "IRS FAQs Address Income and Deduction Issues around Employee Retention Credit," Tax Withholding and Reporting, May 1, 2020
- "IRS FAQs on Retention Credit Provides Guidance on “Significant Decline in Gross Receipts,'" Tax Withholding and Reporting, April 30, 2020
- "IRS FAQs on Retention Credit Highlight Aggregation Concerns and Narrow Potential Eligibility," Tax Withholding and Reporting, April 30, 2020
- "IRS Released New FAQs on Employee Retention Credit," Tax Withholding and Reporting, April 30, 2020
- "A Primer for Employers: How to Stack the Employer Social Security Tax Deferral with the COVID-19 Payroll Tax Credits," Tax Withholding and Reporting, April 27, 2020
- "IRS Releases FAQs on Federal Tax Consequences of Payroll Support for Air Carriers and Contractors under CARES Act," Tax Withholding and Reporting, April 23, 2020
- "IRS Releases Guidance on Coronavirus-Related Payroll Tax Credits," Tax Withholding and Reporting, April 3, 2020
- "CARES Act Enacted; Employers May Defer Some Payroll Tax Deposits Due on Monday," Tax Withholding and Reporting, March 27, 2020
- "Senate-Passed COVID-19 Legislation Includes Payroll Tax Provisions," Tax Withholding and Reporting, March 26, 2020
- "Summary of Tax Provisions in the Coronavirus Aid, Relief, and Economic Security ("CARES") Act," Covington Alert, March 26, 2020
- "Key Considerations and Opportunities: Cash and Liquidity Impacts of the TCJA on Losses," Covington Briefing Call, March 24, 2020 - Audio recording, presentation
- "IRS Offers Informal Guidance on New Paid Leave Tax Credits; More to Come Next Week," Tax Withholding and Reporting, March 20, 2020
- "COVID-19 Emergency Declaration: Notice 2020-17 Suggests Code § 139 is Available to Provide Tax-Free Payments for Certain Expenses," Tax Withholding and Reporting, March 20, 2020
- "Senate Passes Paid Leave Measure in Response to COVID-19 Outbreak," Tax Withholding and Reporting, March 18, 2020
- "House-Passed Coronavirus Relief Bill Leaves Many with More Questions than Answers," Tax Withholding and Reporting, March 17, 2020
- "COVID-19 Emergency Declaration: Code § 139 Uncertain; Leave-Sharing Policies Permitted," Tax Withholding and Reporting, March 17, 2020
-
"Key Considerations and Opportunities: Cash and Liquidity Impacts of the TCJA on Losses," Covington Alert, March 12, 2020
Media Mentions
-
"Tax Law Changes Make Life Harder for Firms Facing Coronavirus Losses," The Wall Street Journal, March 16, 2020
Our Team
- Michael J. Caballero, Washington
- S. Michael Chittenden, Washington
- Guy Dingley, London
- Lindsay Kitzinger, Washington
- Daniel Luchsinger, Washington
- Ed McClellan, Washington
Technology
Key Considerations
- Complying with applicable regulatory framework for technology being developed to address COVID-19, including a government “call to action”
- Technology collaborations and transactions – handling licensing, IP, and other key issues
- Managing privacy, data security, and cybersecurity risks
- Mitigating product liability risks and insurance coverage issues
- Managing remote employees, contract workers, and handling possible reductions in workforce
-
Developing, securing and deploying AI and IoT technologies in COVID-19 response
Artificial Intelligence (“AI”)
- AI continues to play an important role in combatting COVID-19, including by helping to identify high risk patients, promising treatments, and vaccine candidates.
- As re-openings progress, AI increasingly will be leveraged in many contexts, including contact tracing, healthcare, logistics, supply chain management, robotics and other automation, autonomous vehicles, drones, and workforce management.
- The global AI legal landscape is evolving rapidly, including with respect to “AI ethics and governance,” intellectual property, liability, privacy and cybersecurity, trade controls, and sector specific requirements. Policymakers also are focusing on how AI can help respond to COVID-19.
-
These and other AI legal considerations can arise in many contexts, including when developing or using AI, when making AI available to others, and when entering into commercial transactions or other agreements involving AI.
Internet of Things ("IoT")
- With the loosening of COVID-19-related restrictions and re-opening initiatives around the world, there will be increased use of robotics, drones, wearable health devices, and IoT-connected medical, scanning, and other technologies for public health monitoring, including the use of surveillance and consumer devices for contact tracing.
- Workplace environments will rely more heavily on IoT technologies, with more employees working remotely and the increased use of robotics in factories, warehouses, and other places of business. Businesses will use IoT technologies to reduce the need for human workers, increase efficiencies, and facilitate "contactless" transport and deliveries.
- Legal and regulatory constructs for IoT will continue to evolve across the globe. The importance of the collection, transmittal, handling, and security of data by IoT devices is constantly increasing, and concepts of ownership continue to evolve. Differing laws from region to region complicate the launch of IoT devices globally.
-
Machine-to-machine-communication and IoT connectivity in connection with supply-chain issues becomes even more important in the future.
Resources
- "Return to Workplace Considerations for Businesses Using AI and IoT Technologies," Covington Alert, June 11, 2020
- "Recent AI Developments in the Fight Against COVID-19," Inside Tech Media, May 20, 2020
- "IoT Update: FCC Waives Equipment Authorization Rules for GE Healthcare to Address COVID-19 Supply Chain and Testing Challenges," Inside Tech Media, May 12, 2020
- "Coronavirus & Copyright: Unique Copyright Considerations in a Socially Distanced World," Covington Alert, May 4, 2020
- "Consumer Product Safety Compliance During the COVID-19 Pandemic," Covington Alert, April 30, 2020
- "FCC Embarks on New Rural Health Initiatives with CARES Act Funding," Inside Tech Media, April 10, 2020
- "AI Update: Using Artificial Intelligence to Combat COVID-19," Inside Tech Media, April 3, 2020
- "CARES Act Will Support Internet Connectivity for Remote Education, Healthcare, and Work," Global Policy Watch, March 27, 2020
- "The Potential Benefits of Digital Health Technology in Managing COVID-19," Covington Digital Health, March 27, 2020
- "AI/IoT Update: The Potential Benefits of Digital Health Technology in Managing COVID-19," Inside Tech Media, March 27, 2020
- "COVID-19 FCC Update: Guidance for Broadcasters," Covington Alert, March 26, 2020
- "FCC Clarifies that COVID-19 “Emergency Purposes” Calls/Text are Not Subject to “Prior Express Consent” Requirement," Inside Tech Media, March 23, 2020
-
"Coronavirus/COVID-19 Checklist for Technology Solutions," Covington Alert, March 18, 2020
Media Mentions
- "How the Coronavirus Pandemic Has Reshaped Entertainment Law," Variety, July 14, 2020
- "FDA turns to Twitter to help track testing supply shortages," Politico, March 19, 2020
- "Top Concerts Go Dark as Biggest Promoters Cope With Virus," Bloomberg, March 12, 2020
-
"The Big Reason Why Show Business Isn't Prepared to Tackle a Coronavirus Pandemic," The Hollywood Reporter, March 11, 2020
Our Team
-
Kurt Wimmer, Washington
Artificial Intelligence ("AI")
- Miranda Cole, Brussels
-
Lee Tiedrich, Washington
Internet of Things ("IoT")
- Jennifer Johnson, Washington
- Micaela McMurrough, New York
-
Moritz Hüsch, Frankfurt
White Collar
Key Considerations
- Preparing for and responding to congressional, governmental, and civil investigations related to CARES Act relief
- Assessing and guarding against risk of unfair competition and price gouging investigations
- Detecting bribery, fraud, and other misconduct in a remote-work environment
- Managing shareholder demands and insider trading risks
- Efficiently conducting necessary internal investigations
- Coordinating with key enforcement agencies and navigating disclosure obligations
- Maintaining a strong compliance culture
-
Vetting third party suppliers in your supply chain
Resources
- "Should Companies Return Their PPP Loans,?" Law360, May 5, 2020
- "Responding to COVID-19-related business issues in Latin America," April 27, 2020
-
"Surge in COVID-19 Related Fraud," Covington Alert, April 9, 2020
-
"Criminal Statutes of Limitations and Speedy Trial Act Considerations During the COVID-19 Pandemic," Covington Alert, April 3, 2020
-
"Past as Prologue: The Wave of Investigations to Follow the Pandemic Recovery and Actions that Companies Can Take Now to Prepare," Covington Alert, March 31, 2020
Media Mentions
- "Keep or Return: Inside ‘Roller Coaster’ Consideration for Coronavirus Borrowers," Law.com, May 19, 2020
- "Companies Face Fraught Choice On PPP Return Deadline," Law360, May 18, 2020
- "COVID-19 Slows Pace Of Existing UK Investigations," Law360, April 17, 2020
Our Team
- Amanda Kramer, New York
- Eric Carlson, Shanghai
- Arlo Devlin-Brown, New York
- Mark T. Finucane, London
- Benjamin S. Haley, Johannesburg
- Robert Henrici, Frankfurt
- Jerry Hodgkins, Washington
- David L. Kornblau, New York
- Aaron Lewis, Los Angeles
- Jennifer H. Saperstein, Washington
- Brian D. Smith, Washington
- Daniel Suleiman, Washington