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 Author Article on Patents and RNA-Based Therapeutics Published on BioProcess Online | published on 11.16.22
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 Quoted in Chemical & Engineering News Article on IP Waivers for COVID-19 Products | published on: 10.14.22
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 Quoted in Endpoints News Article on WTO COVID-19 Vaccine Waiver | published on: 10.04.22
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.
Impact of COVID Delays on Examination of Trademark Applications | published on: 02.07.22
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
Illinois Orders and Regulations for Re-opening | Last Updated: 09.17.21
Resources for Illinois businesses to comply with public safety requirements.
Is the Pendulum Swinging Back to Favor Policyholders for COVID-19 Business Interruption Losses? | published on: 09.21.21
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.
Crain’s Roundtable: M&A Trends—Insights on Today’s Deal Landscape | published on: 09.10.21
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.
PTAB Developments During the Pandemic | published on: 07.12.21
The PTAB was a busy forum in 2020, despite COVID-19 and constitutional challenges.
NGE On Demand: COVID-19 and IP Waiver for Patent Protection | published on: 05.28.21
Video discussion on the U.S.’s changed position on IP Waiver for patent protection of the COVID-19 vaccines and technology.
Trademark Modernization Act: New Protections for Brand Owners | published on: 01.11.21
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.
Important Copyright Protections in New COVID-19 Relief Package | published on: 01.05.21
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.
Not So Fast – A Pennsylvania Court Opts to Wait Until the Facts Are in Before Issuing a Coverage Ruling in a COVID-19 Business Interruption Case | published on: 11.04.20
The denial of Lloyd’s preliminary objection in the Taps & Bourbon case represents a significant victory for policyholders.
North Carolina Restaurant Wins First Summary Judgment Decision on Business Interruption Coverage for COVID-19 Losses | published on: 10.22.20
The decision is an important milestone in the continuing road to coverage for such losses.
Policyholder Wins in Missouri and Florida Represent a Major Boon for Insureds Seeking COVID-19 Business Interruption Coverage | published on: 10.05.20
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.
Policyholder Wins in Missouri and Florida Represent a Major Boon for Insureds Seeking COVID-19 Business Interruption Coverage | published on: 10.05.20
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.
Win for Policyholders in New Jersey on COVID-19 Business Interruption Losses: “Physical Loss” May Include Loss of Functionality | published on: 09.18.20
Insureds now have additional support for the notion that “physical loss” does not require structural damage, material impairment, or the like.
Intellectual Property Licenses and Bankruptcy | published on: 08.27.20
An explainer on how the bankruptcy of one party to an intellectual property license agreement may impact the other.
Encouraging News for Policyholders Seeking Coverage for COVID-19 Business Interruption Losses | published on: 08.13.20
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.
PPP Loan Deadline Is August 8, EIDL Loans Still Available | published on: 08.05.20
The Economic Injury Disaster Loan (EIDL) Advance program has been discontinued, but loan options are still available.
SBA Releases FAQ on PPP Loan Forgiveness | published on: 08.05.20
The Small Business Administration recently released its guide on Paycheck Protection Program Loan Forgiveness.
Hotels Should Start Preparing Now for Property Tax Appeals | published on: 07.08.20
Hotels should start marshaling their financial data in anticipation of filing appeals, regardless of when they expect to receive property tax bills.
PPP Extended to August; SBA Accepting New Applications for Economic Injury Disaster Loans and Advances | published on: 07.06.20
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.
USPTO Offers Updated Relief for Certain Patent-Related Filing or Payment Deadlines | published on: 07.01.20
A detailed summary of the permitted patent-related deadline extensions provided by the USPTO.
Down-Rounds and Other Insider Financing: How to Minimize Your Fiduciary Risk | published on: 06.25.20
Seven techniques to keep in mind in order to limit the risks of fiduciary liability.
Paycheck Protection Program Flexibility Act and Other Updates to the Paycheck Protection Program | published on: 06.10.20
The new rules confirm that June 30, 2020 remains the last date on which a PPP loan application can be approved.
Update: USPTO Trademark Relief Under the CARES Act | published on: 06.03.20
A detailed summary of the permitted trademark-related deadline extensions provided by the USPTO.
USPTO Extends Patent Deadlines for Small and Micro Entities | published on: 06.02.20
A detailed summary of the permitted patent-related deadline extensions provided by the USPTO.
Interim Final Rule on Inclusion of Foreign Employees in Determining PPP Eligibility and Related Safe Harbor | published on: 05.21.20
The SBA confirmed how businesses with foreign affiliates must count their employees to be eligible for PPP loans.
SBA Releases PPP Loan Forgiveness Application | published on: 05.18.20
The application provides instructions for borrowers to request that their PPP loan be fully or partially forgiven.
PPP Loan Repayment and Safe Harbor Checklist | published on: 05.18.20
Borrowers of PPP loans should reconfirm their eligibility and the accuracy of their application, and consider whether to repay the loan.
Updated PPP Loan FAQ from U.S. Treasury Extends Safe Harbor to Repay PPP Loans to May 18, 2020 | published on: 05.14.20
A detailed summary of the recent updates to the U.S. Treasury Department PPP Loan FAQ.
Updated PPP Loan FAQ from the U.S. Treasury Department with Guidance on Its Review of the Certification Regarding the Necessity of the Loan | published on: 05.13.20
A detailed summary of the recent updates to the U.S. Treasury Department PPP Loan FAQ.
Updated PPP Loan FAQ from U.S. Treasury, Safe Harbor to Repay Loans Extended to May 14, Employee Count Clarified to Include Foreign Employees | published on: 05.07.20
A detailed summary of the recent updates to the U.S. Treasury Department PPP Loan FAQ
IRS Asserts That Business Expenses Paid with Forgiven Paycheck Protection Program Loans Are Not Deductible | published on: 05.04.20
Several members of Congress have noted their disagreement with the IRS position; we will continue to monitor this issue.
SBA Issues Interim Final Rule Capping Aggregate PPP Loan Amounts at $20M for Single Corporate Groups | published on: 05.01.20
This limitation shall be immediately effective with respect to any loan that has not yet been fully disbursed as of April 30.
USPTO Trademark Deadline Extensions Under the CARES Act | published on: 04.30.20
A detailed summary of the permitted trademark-related deadline extensions provided by the USPTO.
So You Were Approved for a Paycheck Protection Program Loan—Now What? | published on: 04.30.20
An overview of best practices for PPP loan recipients.
Update: USPTO Patent Deadline Extensions Under the CARES Act | published on: 04.29.20
A detailed summary of the permitted patent-related deadline extensions provided by the USPTO.
PPP Loan FAQ from the U.S. Treasury Department | published on: 04.29.20
The Treasury Department recently provided guidance for businesses seeking PPP loans, but are owned by private companies.
Increased Funding for Paycheck Protection Program Loans and Updated Guidance | published on: 04.28.20
Businesses should carefully consider the new SBA guidance on PPP loans when deciding whether to apply.
USPTO Deadline Extensions Under the CARES Act | published on: 04.24.20
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.
Seeking Rent Relief? What Your Landlord Wants You to Know | published on: 04.15.20
If your business is preparing for rent relief discussions with your landlord, consider these three tips.
Revisionist Insurance History for Virus-Related Damage and Losses: Don’t Believe the Insurance Industry’s Assertion That the Coronavirus Can’t Cause Physical Loss of or Damage to Property | published on: 04.09.20
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.
Requirements and Considerations for Paycheck Protection Program Loans | published on: 04.08.20
This alert provides a high-level summary of some of the most common issues and questions regarding PPP loans.
Maximizing D&O Insurance for Coronavirus Shareholder Claims | published on: 04.03.20
D&O policyholders should expect their insurers to contest coverage for many claims arising out of the coronavirus pandemic.
Details on Relief Loans and Other Financial Assistance for Businesses | published on: 03.31.20
Details on Paycheck Protection Program Loans, Economic Injury Disaster Loans, and state and local programs.
Coronavirus Emergency Loans – Small Business Guide and Checklist | published on: 03.31.20
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.
Help Available: Learn More about Federal, State and Local Relief Funds for Businesses | published on: 03.27.20
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.
COVID-19 Insurance Coverage Issues: An Update | published on: 03.25.20
Stay informed of the latest updates on the impacts of COVID-19 and insurance coverage issues.
Considerations for Financial Institutions and their Customers | published on: 03.24.20
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.
COVID-19’s Impact on Business: Important Considerations | published on: 03.23.20
Six considerations for business leaders as they prepare for many possible contingencies, including disruption, evolving business continuity and restructuring strategies.
Patents and COVID-19 Testing | published on: 03.23.20
A recent patent infringement suit over a company creating a COVID-19 diagnostic test highlights a concerning trend in healthcare patents.
Your Insurance Checklist for COVID-19 Impacts and Losses | published on: 03.16.20
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
EEOC Deems COVID-19 a Potential ‘Disability’—Now What? | published on: 01.25.22
In December 2021, the EEOC issued updated guidance clarifying the circumstances under which COVID-19 may be considered a disability.
OSHA Issues Highly Anticipated Emergency Rule Requiring Most Private Employers to Implement a Mandatory Vaccination Policy | published on: 11.09.21
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.
EEOC Religious Exemption Guidance in Spotlight With OSHA Rule Release | published on: 11.05.21
The EEOC recently released updated guidance on factors employers can consider when handling employee requests for religious exemptions from the COVID-19 vaccine.
Wealth & Tax Considerations
IRS Extends Tax Reporting, Payment and Compliance Deadlines for Additional Taxpayers and Eases Burdens for Like-Kind Exchanges and Qualified Opportunity Zone Fund Investments | published on: 04.13.20
The IRS has extended the filing and payment deadline for all returns and payments due between April 1–July 14, until July 15, 2020.
Federal and State Tax Actions in Response to COVID-19 | published on: 04.1.20
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.
Firm
NGE Business Continuity Update | published on: 03.13.20
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.