Resource Center

Interactive Tracking Maps

Breaking News and Analysis

The CARES Act 

  • Click here to review the latest analysis of how the CARES Act impacts businesses.

Industry-Focused Task Force 

Akerman’s Coronavirus Task Force and industry-focused practice teams are here to help manage the unprecedented and newly emergent challenges COVID-19 poses to your businesses, workforces, and supply chains, as well as potential losses and liability, and litigation and transactions, across a variety of sectors. Following is the latest news and analysis prepared by our Task Force:

Consumer Financial Services

Latest News and Analysis

Legal Issues Impacting Our Clients

  • Mitigating coronavirus based consumer defaults
  • Repayment plans and related assistance to coronavirus impacted consumers
  • Tracking best practices, court and regulatory requirements for forbearance or stays of foreclosure or evictions
  • State, federal, and bankruptcy court reactions, including new safety protocols and scheduling changes, appearance procedures and cancellations
  • Proposed motion language for individual and volume litigation relief, including remote appearances, bench rulings and continuances
  • Jurisdiction-specific best practices for appearances via alternate means, including telephonic and video conferencing
  • Navigating vendor supply chain issues affecting loan servicing timelines
  • Applicability of force majeure clauses for vendor and system-related operations
  • Managing data privacy and data security requirements for employees working from home and other distance-working arrangements
  • Impact on licensing requirements when licensed activities occur remotely rather than a licensee’s place of business
  • Other workforce disruptions affecting consumer customers
  • Addressing form and timing of mandatory disclosure deliveries
  • Recordkeeping and accessing documents and other information necessary to conduct error resolution investigations
  • Document execution and notarization in remote environment
  • How to manage ongoing or upcoming regulatory examinations

Corporate

Latest News and Analysis

Legal Issues Impacting Our Clients

  • Corporate governance, transactions, capital markets, debt and equity issuances:
    • Planning for deal certainty, and evaluating contractual non-compliance and remedies (e.g., force majeure, specific performance, material adverse effect, impracticability, impossibility, frustration of purpose and limitation of liability).
    • Evaluating compliance with credit facilities and other financial instruments, and negotiating any necessary waivers or other changes.
    • Evaluating alternate sources of liquidity.
    • Evaluating regulatory compliance, including SEC and state securities regulators, FINRA and other federal and state agencies.
    • Evaluating annual meeting considerations and disclosure requirements.
    • Proactively engaging with stockholders, lenders, and others in a manner consistent with applicable public disclosure and financial reporting obligations.
    • Addressing business continuity, succession, physical and data security, work-from-home, and other relevant plans.
    • Evaluating appropriate modifications to business interruption, D&O, EPLI, property and casualty, workers’ compensation, and other forms of insurance.
    • Advising boards on corporate governance, fiduciary duties, and mitigating risk.

Employee Benefits 

Latest News and Analysis

Legal Issues Impacting Our Clients

  • Plan deductions during unpaid leaves of absences
  • Whether and how emergency hardship distributions may be permitted
  • Whether the virus qualifies under company-sponsored disability policies
  • Group health plan coverage of costs associated with transportation to specialized facilities

Financial Restructuring, Bankruptcy, and Creditors Rights

Latest News and Analysis

Legal Issues Impacting Our Clients

  • Bankruptcy and restructuring implications in light of coronavirus outbreak
  • Available relief and strategies for creditors and distressed businesses
  • Specific small business bankruptcy resources
  • Distressed M&A
  • Out of court workout options and strategies
  • Orderly liquidations, assignments for benefit of creditors, and receiverships
  • Priority of claims in insolvency proceedings
  • Access and available court and judicial remedies
  • Industry specific distress concerns
  • Fiduciary duties and transfer and distribution concerns with deepening insolvency

Healthcare 

Latest News and Analysis

Legal Issues Impacting Our Clients

  • Data privacy and HIPAA issues in the context of a public health crisis
  • Public health policies and procedures regarding infectious diseases, pathology, lab testing, and communication with CDC as well as state departments of public health 
  • Hospital policies and procedures regarding management of infectious diseases
  • Skilled nursing facilities policies/procedures regarding management of infectious diseases, including transfer issues, access issues
  • Home health agencies, durable medical equipment providers, and ambulatory surgery centers' concerns relative to exposure of employees to potentially infected patients
  • Appropriate screening questions for patients

International

Latest News and Analysis

Legal Issues Impacting Our Clients 

  • Immigration planning, compliance, and travel restriction impacts on businesses and individuals
  • Tracking and adapting to international and U.S. tax law changes, including deadline extensions
  • International trade and customs matters relating to the closure of international borders and other local jurisdictions
  • Cross-border due diligence, M&A, joint ventures, and private equity transactions:
    • Coronavirus may trigger material adverse change or material adverse effect provisions in international M&A deals
  • International financing, securities offerings, and debt restructuring, including foreign issuers becoming targets of class action litigation due to the collapse of the stock markets
  • International litigation and arbitration
  • Global anticorruption and compliance

Litigation

Latest News and Analysis

Legal Issues Impacting Our Clients

  •  Insurance
    • Claims for virus-related losses
    • Complex disputes that center on language used in policies
  • General litigation
    • Disputes arising from unpaid debts
    • Contract termination (breach of contract)
    • Supply chain disputes
  • Securities and shareholder litigation based on disclosures and market volatility driven by the coronavirus

Real Estate

Latest News and Analysis

Legal Issues Impacting Our Clients

  • Impact on real estate ownership, use and transactions created by:
    • Travel and public gathering restrictions
    • Supply chain disruptions
    • Labor shortages
    • Building or area wide quarantines
    • Restrictions on owner and manager access to their commercial properties
    • Increased due diligence requirements
    • Tenant and borrower defaults caused by loss of revenue
    • Premises liability concerns
    • Potential force majeure extension and termination rights
  • Heightened requirements to protect the health of tenants and visitors
  • Disruption in availability of equity and debt for transactions
  • Implications for real property improvement construction contracts

Tax

Latest News and Analysis

Legal Issues Impacting Our Clients

  • Extension issues for filing deadlines related to businesses and individuals under quarantine or otherwise impacted by virus-related fallout
  • Liability and recourse for taxpayers if any extensions granted at the federal, state, and local level are not sufficient
  • Tax legislation tracking amid an exceptionally active legislative season/year to assist taxpayers unable to stay abreast of changes

Workforce 

Latest News and Analysis

Legal Issues Impacting Our Clients

  • Policies and procedures for dealing with infectious diseases
  • Communications with employees
  • Dealing with sick employees
  • Keeping the workplace healthy
  • Remote working arrangements
  • Leave and pay issues
  • Avoiding discrimination claims
  • Impact of collective bargaining agreements
  • Considerations for places of public accommodations
  • Special considerations for health care workplaces
People
Perspectives
Work
Firm
Vision
To navigate our site
To search our site

Welcome to our new site

Click anywhere to enter