March 23, 2020
Glaser Weil LLP’s COVID-19 Legal Response Taskforce With Los Angeles Focus
The outbreak and rising community spread of the novel coronavirus strain known as COVID-19 in the Greater Los Angeles area will continue to fundamentally change the way that individuals live and businesses operate. Among the most recent and wide ranging impacts occurred with the various “Safer at Home” orders issued on March 19, 2020 by California Governor Gavin Newsom, Los Angeles Mayor Eric Garcetti, and the Los Angeles County Public Health Department, among other government agencies, and all updates and modifications thereto.
At Glaser Weil, our attorneys in all specialty practice areas have been addressing and navigating clients through a multitude of complex legal issues directly resulting from these events. Our attorneys have most frequently been addressing these issues on an emergency basis with a particular focus on Los Angeles-based business impacts. Based upon this frontline experience over the past several weeks, Glaser Weil has created a multi-disciplinary COVID-19 Legal Response Taskforce consisting of highly experienced attorneys in our Litigation, Insurance, Real Estate, Government & Regulatory, Construction, Tax, Employment, Crisis Management & Response, Intellectual Property, and Entertainment practice groups. All of the Taskforce’s dedicated team have extensive real time experience in, and are well equipped to provide prompt guidance on the most pressing business effects from this pandemic, including:
Leases, Licenses And Landlord-Tenant Issues/Related Insurance Issues
- analysis of leases, licenses and related contracts and advice regarding excuse from performance based upon governmental orders, and force majeure, impossibility, impracticality, frustration of purpose, mitigation of damages doctrines
- analysis of commercial property insurance policies and advice regarding coverage for business interruption and related cancellation/postponement losses
- analyzing, addressing and negotiating issues regarding amendments to leases for necessary operational changes to leased businesses, including impacts from work from home requirements
- providing advice on pre- litigation and litigation strategies related to effects of business closures, rent relief and related issues, including prior experience in arranging and conducting mediations remotely
Real Estate Sales/Acquisitions
- assessing and advising on renegotiation of purchase prices, diligence periods, financing contingencies, tenant warranties and representations arising from current events
- analyzing and advising on real estate loans and loan covenants including assessment of force majeure and related excuses for non- performance
- analysis of pertinent contracts, debt and loan documents and related data and advice/negotiations regarding disruptions to financial covenant compliance, and impacts on revenue, liquidity and supply chain operations
- advice regarding corporate reporting, oversight and disclosure obligations based upon new financing, supply chain and related operational changes
- analysis and advice regarding the income tax consequences arising from the cancellation and/or restructuring of secured loans and lease obligations in the current business environment, including strategies to mitigate potentially adverse tax impacts
- analysis and advice regarding workplace measures to address the current situation, including travel restrictions, stay at home requirements, remote teleworking arrangements, sick leave and other disability and leave obligations
- analysis and advice regarding reduction in force and employee termination and lay off issues
Government and Regulatory Issues
- analysis and advice regarding state and local executive orders affecting work and stay at home requirement, including exceptions and the issue of determining which orders take precedence in the event of conflicts or differing requirements
- analysis and advice regarding state and local executive orders affecting work and stay at home requirements, including exceptions
- coordination and negotiations with local government and port authorities regarding executive order restrictions and relief
- analysis and advice regarding impacts of governmental orders and regulations on construction projects including measures to address these restrictions
- analysis and advice regarding excuse from performance based upon force majeure and impossibility, impracticality, frustration of purpose and mitigation of damages doctrines
Intellectual Property Issues
- advice regarding intellectual property protections (including trademarks and patents) for innovations developed to combat the COVID-19 virus and the risk of transmission.
- advice, analysis and defense against claims for intellectual property infringement for products and services developed and employed in response to COVID-19 and government orders and regulations designed to mitigate transmission.
- analysis and advice for protecting intellectual property due to increased remote access for employees working from home.
- analysis and advice regarding non-disclosure agreements and joint development projects relating to COVID-19 and government orders and regulations designed to mitigate transmission.
- analysis and advice regarding the impact of production shutdowns on the financier/studios, insurance companies and delivery platforms
- advice regarding impact on active profit participation audits
We encourage clients to take advantage of our experience and capabilities by contacting your main Glaser Weil partner contacts, who can promptly connect you with the appropriate Taskforce attorney for your needs. You can also reach out directly to Sean Riley and/or Saul Breskal, the Taskforce co-chairs:
|Tel: (310) 282-6265
||Tel: (310) 556-7844
|Cell: (310) 721-8232
||Cell: (310) 422-5617