The global outbreak and spread of COVID-19 (novel coronavirus) continue to present an unprecedented challenge to us all. In hope of providing updates and insights on this dynamic situation, we have created this page to assist in identifying and managing the broad range of issues that may affect you, your family, and your business.
We will update this page frequently with relevant information. The content below is based on information current at the time of its publication and may not reflect the most recent developments or guidance. Please do not hesitate to contact us with any questions regarding the information shared.
Business Considerations
Kevin O'Connor and Mike Harlin share their thoughts on renewed interest in and further development of RNA-based therapeutics following the success of the COVID-19 mRNA vaccines
Kevin O'Connor is quoted in an article on innovation and the WTO debate concerning IP waivers for COVID-19 products and treatments for low- and middle-income countries.
Kevin O'Connor is quoted in an article on differing perspectives on possible actions of the WTO regarding extending the vaccine waiver that is currently in place.
Ian Block shares key considerations for trademark applicants in the current environment, including filing earlier in their trademark development process, evaluating strategies for international filings, resolving issues directly with examiners, and more.
Additional Business Considerations
Resources for Illinois businesses to comply with public safety requirements.
How early COVID-19 business interruption cases are not a good indicator of coverage rulings compared to more recent cases, and how state appellate courts will ultimately decide the coverage issues.
Josh Klein joins the Crain's roundtable discussion on M&A trends, including: the effect the pandemic has had on M&A activity, the top M&A concerns from clients, recent trends in buyers’ diligence, and more.
The PTAB was a busy forum in 2020, despite COVID-19 and constitutional challenges.
Video discussion on the U.S.’s changed position on IP Waiver for patent protection of the COVID-19 vaccines and technology.
The Trademark Modernization Act of 2020, enacted amid the many and wide-ranging provisions of the recently enacted COVID-19 relief package, contains significant changes to trademark law and practice.
The recently enacted COVID-19 relief package added two important new protections for copyright owners and content providers, one of which, the CASE Act, establishes an alternative forum in which parties may voluntarily resolve certain copyright claims, allowing copyright owners a new venue for remedying copyright infringement without requiring federal court litigation.
The denial of Lloyd’s preliminary objection in the Taps & Bourbon case represents a significant victory for policyholders.
The decision is an important milestone in the continuing road to coverage for such losses.
Two recent decisions by courts denying motions to dismiss brought by insurers against insureds seeking COVID-19 business interruption coverage could be harbingers for other such decisions.
Two recent decisions by courts denying motions to dismiss brought by insurers against insureds seeking COVID-19 business interruption coverage could be harbingers for other such decisions.
Insureds now have additional support for the notion that “physical loss” does not require structural damage, material impairment, or the like.
An explainer on how the bankruptcy of one party to an intellectual property license agreement may impact the other.
A federal district court held that the presence of COVID-19 on insured property can constitute “direct physical loss” for purposes of triggering coverage under a property insurance policy.
The Economic Injury Disaster Loan (EIDL) Advance program has been discontinued, but loan options are still available.
The Small Business Administration recently released its guide on Paycheck Protection Program Loan Forgiveness.
Hotels should start marshaling their financial data in anticipation of filing appeals, regardless of when they expect to receive property tax bills.
PPP loans are available until August 8, 2020, plus the SBA is accepting new EIDL and EIDL Advance applications from qualified small businesses and U.S. agricultural businesses.
A detailed summary of the permitted patent-related deadline extensions provided by the USPTO.
Seven techniques to keep in mind in order to limit the risks of fiduciary liability.
The new rules confirm that June 30, 2020 remains the last date on which a PPP loan application can be approved.
A detailed summary of the permitted trademark-related deadline extensions provided by the USPTO.
A detailed summary of the permitted patent-related deadline extensions provided by the USPTO.
The SBA confirmed how businesses with foreign affiliates must count their employees to be eligible for PPP loans.
The application provides instructions for borrowers to request that their PPP loan be fully or partially forgiven.
Borrowers of PPP loans should reconfirm their eligibility and the accuracy of their application, and consider whether to repay the loan.
A detailed summary of the recent updates to the U.S. Treasury Department PPP Loan FAQ.
A detailed summary of the recent updates to the U.S. Treasury Department PPP Loan FAQ.
A detailed summary of the recent updates to the U.S. Treasury Department PPP Loan FAQ
Several members of Congress have noted their disagreement with the IRS position; we will continue to monitor this issue.
This limitation shall be immediately effective with respect to any loan that has not yet been fully disbursed as of April 30.
A detailed summary of the permitted trademark-related deadline extensions provided by the USPTO.
An overview of best practices for PPP loan recipients.
A detailed summary of the permitted patent-related deadline extensions provided by the USPTO.
The Treasury Department recently provided guidance for businesses seeking PPP loans, but are owned by private companies.
Businesses should carefully consider the new SBA guidance on PPP loans when deciding whether to apply.
See if you're eligible for a 30-day extension for certain patent, patent application, and PTAB related deadlines due from March 27–April 30, 2020.
If your business is preparing for rent relief discussions with your landlord, consider these three tips.
Insurers are currently attempting to revise history by insisting that property policies do not cover damage or losses related to the coronavirus because there is no "physical loss or damage" to property.
This alert provides a high-level summary of some of the most common issues and questions regarding PPP loans.
D&O policyholders should expect their insurers to contest coverage for many claims arising out of the coronavirus pandemic.
Details on Paycheck Protection Program Loans, Economic Injury Disaster Loans, and state and local programs.
The U.S. Chamber of Commerce has created this resource to help small businesses prepare to file for a coronavirus relief loan under the CARES Act.
The City of Chicago, Cook County, State of Illinois and the Federal Government have announced various financial assistance programs to help businesses impacted by COVID-19.
Stay informed of the latest updates on the impacts of COVID-19 and insurance coverage issues.
With unprecedented volatility in the capital markets, there are bound to be substantial financial losses. While this inevitably leads to a rise in litigation against financial institutions, it is important to focus on the cause of any losses.
Six considerations for business leaders as they prepare for many possible contingencies, including disruption, evolving business continuity and restructuring strategies.
A recent patent infringement suit over a company creating a COVID-19 diagnostic test highlights a concerning trend in healthcare patents.
As business losses caused by COVID-19 begin to mount, companies should carefully review their insurance policies to determine whether they may be covered. The attached insurance coverage checklist can assist you with this process.
Employer Considerations
In December 2021, the EEOC issued updated guidance clarifying the circumstances under which COVID-19 may be considered a disability.
OSHA recently issued its much-anticipated Emergency Temporary Standard (ETS), stating that employers with 100 or more employees must implement a mandatory COVID-19 vaccination policy or, alternatively, implement a weekly testing and mask mandate for unvaccinated employees. In addition, most federal contractors and subcontractors are subject to a separate COVID-19 vaccination mandate pursuant to President Biden’s recent executive order.
The EEOC recently released updated guidance on factors employers can consider when handling employee requests for religious exemptions from the COVID-19 vaccine.
Additional Employer Considerations
Video discussion on the latest developments regarding the vaccine and related mandates, plus best practices and practical considerations for employers as they consider the future of in-person work in the short and long term.
President Biden recently announced a rule that is being developed by OSHA that would require all employers with 100 or more employees to ensure that their workforce is fully vaccinated or tested weekly for COVID-19.
Illinois will be entering the “Bridge Phase” of the Restore Illinois multi-phased plan. This includes new guidance on new headcount capacity limits for business, as well as specific guidance for retail stores, manufacturers and other workplaces.
Video presentation on the recent EEOC Guidance on vaccine requirements before returning to the physical workplace and an employer’s legal obligations to reasonably accommodate employees under the ADA and Title VII.
Video discussion on how employers should develop vaccine policies for employees, and how to maintain a safe work environment.
In order to minimize risk of exposure and liability, many employers are concluding that strongly encouraging vaccines, rather than mandating them, is the better way to go.
The EEOC’s guidance sheds light on some of the questions employers are grappling with, including the impact of various federal employment laws on employers’ vaccine-related policies and practices.
Sonya Rosenberg joins the Crain's roundtable discussion on labor & employment law, including: best practices for COVID-19 concerns, recent important changes to employment laws, furloughs and layoffs, and political speech in the workplace.
Given the scope of unanswered questions and employer liability for uncollected Social Security taxes, employers may wish to forgo participation and continue collecting payroll taxes.
Employers should ensure they have appropriate time reporting procedures in place to help insulate from potentially-costly wage and hour claims.
Webcast discussion on how companies will transform their work spaces, plus the long-term impacts of COVID-19 on the world of work.
The EEOC recently stated that requiring employees to take an antibody test to return to the workplace violates the ADA.
Chicago recently passed two notable amendments to the Chicago Fair Workweek Ordinance, which is scheduled to go into effect July 1, 2020.
Webinar discussion on the top three issues employers are facing during the COVID-19 pandemic, plus emerging litigation trends.
OSHA is now requiring employers to keep records determining if employee cases of COVID-19 are "work-related," removing a previous exemption for employers.
Employers should consider these best practices when devising their return-to-work plans.
Retaliation for complying with public health directives would be prohibited, and Fair Workweek Ordinance litigation would be delayed.
The EEOC is seeking approval to collect 2019 and 2020 EEO-1 Component 1 data from employers in March 2021.
Employer obligations to employees that have known disabilities that may make them more vulnerable to COVID-19.
The Order will ease some restrictions on retail stores, allowing minimum basic operations to fulfill customer orders through pick-up and delivery.
Under the CARES Act, "mid-sized" employers can qualify for favorable loans, but these come with some significant strings attached.
How employers should handle a work stoppage, including a "safety strike" during an emergency.
Employers may have a duty to provide information "relevant and necessary for the union to perform its duties as the employees' bargaining representative."
The threshold issue facing an employer contemplating changes in its operation is whether or not the employer is free to implement those changes without first bargaining with the union.
What are the limitations on how an employer may lawfully communicate with their unionized employees?
Most employers have been temporarily exempted by OSHA from determining whether a recorded case of COVID-19 was work-related.
The CDC no longer recommends that certain exposed employees be sent home and quarantined for 14 days, and may continue to work so long as they remain asymptomatic and certain precautionary measures are taken.
Employers should adhere to CDC and DOL guidelines and workplace safety best practices, which will blunt or defeat arguments that they breached a legal duty of care to their employees.
How employers should handle cases of employees who may have come into contact with someone exposed to the coronavirus, and other gray area cases.
Qualified disaster relief payments from employers are tax-free to employees for federal income and employment tax purposes. However, they remain deductible expenses for employers.
The impact of COVID-19 are without precedent and likely will generate subsequent NLRB rulings on whether employers under particular circumstances may be relieved of their bargaining duties.
The DOL explains intermittent leave under the Families First Coronavirus Relief Act, plus the small business exemption.
Employers who are facing tough employment decisions should consult with counsel to determine what options and resources exist for their employees.
Details on the different ways employees can gain early withdrawals from their retirement savings.
A detailed list of the retirement plan, health plan, and other benefit provisions from the coronavirus stimulus bill.
On March 25, a $2 trillion coronavirus relief package titled the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was unanimously approved by the Senate.
Businesses with between 500 and 10,000 employees that receive a loan from the federal government must remain neutral in any union organizing drive that occurs during the term of the loan.
The Department of Labor has clarified which employees count towards the 500-employee threshold of the Families First Coronavirus Response Act.
The Department of Labor posts its guidance on the Families First Coronavirus Response Act.
Clarification on how employer tax credits will work to pay for paid sick leave under the Families First Coronavirus Response Act.
The order goes in to effect on Saturday, March 21st 5:00 p.m. through the end of Tuesday, April 7th. The order includes a description of "essential businesses and operations" that will remain open during the duration of the order.
An overview of EFMLA impacts.
An overview of EPSLA impacts.
An outline of the important points for employees including key Q&As for employers who are struggling with COVID-19 issues day-to-day within their operations.
Compilation of guidance resources from CDC, DOL, EEOC, OSHA, Illinois Dept of Health and more.
New requirements for group health plans and health insurance policies concerning COVID-19 testing and related health provider visits.
Important considerations for staying in compliance with the ADA during the COVID-19 pandemic.
A warning that hasty reduction in force decisions may lead to more harm than good.
Details of New Jersey's extension of their health care reporting deadline.
Thoughts on how employers can handle employees who choose to not comply with workplace rules related to COVID-19.
Discussion of the Families First Coronavirus Response Act, which provides some paid sick leave protections to employees diagnosed or exposed to COVID-19, as it winds its way through Congress.
An overview of what employers need to know to prepare their companies for COVID-19 based on OSHA's recently issued "Guidance on Preparing Workplaces for COVID-19".
Wealth & Tax Considerations
The IRS has extended the filing and payment deadline for all returns and payments due between April 1–July 14, until July 15, 2020.
The U.S. federal government, and state and local governments, have taken actions to provide relief for taxpayers through legislation and administrative agency pronouncements. The firm believes certain tax developments are of particular interest to our clients.
Additional Wealth & Tax Considerations
Small business loans from the CARES Act may provide companies with a significant tax deduction.
The CARES Act temporarily repeals a section of the 2017 Tax Cuts and Jobs Act, for 2020 and retroactively back to 2018.
Without a power of attorney, parents are limited in their ability to make healthcare decisions for an adult child, if needed.
The Federal Reserve has just announced lowered rates for April, and the “7520 rate” and “applicable federal rate” of interest are down 60% and 50%, respectively, from a year ago. Read how these lowered rates present an opportunity for certain tax and estate planning techniques.
Firm
Former Managing Partner Scott Fisher shares the firm's commitment to the health and safety of our employees, clients, and their loved ones, and details the firm's business continuity plan for the months ahead.