The spread of COVID-19 (Coronavirus) continues to produce global uncertainty, threatening to destabilize economies as companies confront supply chain interruptions, travel restrictions and employee safety concerns, among other challenges.
Pillsbury’s experienced professionals are closely monitoring this global threat, combining capabilities in crisis management, insurance law, cybersecurity, employment law, supply chain, and other areas to provide critical guidance to clients in an urgent and quickly evolving situation. We have built a library of information and resources, each linked below.
Our COVID-19 (Coronavirus) Response Team is at the ready to help protect you, your people, and your business during this rapidly changing time. A sample of our capabilities includes:
Pillsbury’s Crisis Management team provides levelheaded, battle-tested advice, helping clients respond to global pandemics like COVID-19, prepare for investigations, stave off class action lawsuits, negotiate effective settlements with regulators, lawmakers and private parties, and avert reputational damage and financial disaster. We have helped reinstitute project financing and secure insurance recovery. View more on our Crisis Management practice page. Response Team Contacts:Amanda Halter | Fusae Nara
Insurance Recovery & Advisory
Combining deep experience resolving coverage and underlying insurance-related business issues with in-depth knowledge of key industry sectors, our lawyers have conducted thousands of insurance program/policy reviews, regularly help establish effective enterprise risk management strategies and have achieved many of our greatest successes through out-of-court dispute resolution. During a pandemic, a policy review is a crucial first step to determine your business interruption coverage. View more on our Insurance Recovery & Advisory practice page. Response Team Contacts:Richard Giller | Joseph Jean | David Klein
Pillsbury’s Employment group provides comprehensive strategic counsel in all areas and at every stage of the employment life cycle, from legal issues relating to recruitment and hiring, outsourcing and employee relations to reductions in force, terminations and post-termination noncompetition. We regularly navigate clients through federal and state wage and hour laws, leave laws and regulatory compliance matters, and we help clients avoid, resolve and prevail in employment-related disputes. In times of a global pandemic like Coronavirus, Pillsbury’s Employment Law attorneys are at the ready to help you navigate through. View more on our Employment Law practice page. Response Team Contacts:Julia Judish | Laura Latham
Executive Compensation & Benefits
Recognized as a premier team nationally and internationally, we provide comprehensive guidance on all aspects of executive compensation and employee benefits, which are two crucial business considerations during a pandemic. Over the years, Pillsbury has advised leading private, public, not for profit and governmental entities on many of their most significant and ground-breaking executive compensation and employee benefits transactions and disputes. We also represent individual executives in high profile employment agreement and exit arrangements. View more on our Executive Compensation & Benefits practice page. Response Team Contacts:Christine Richardson | Cindy Schlaefer
Cybersecurity, Data Protection & Privacy
Proper management of information—its security, use and misuse—is now a top priority for businesses worldwide and the need to proactively address these issues has never been greater. Pillsbury’s cross-disciplinary, multinational Cybersecurity, Data Protection & Privacy solutions team has the skillset necessary to understand and properly respond to the broad spectrum of privacy and security considerations companies face in the wake of the Coronavirus outbreak, including counsel on IT systems and cybersecurity readiness.
The group consists of regulatory authorities, litigators, transactional lawyers, intellectual property counsel, seasoned government contracts practitioners and legislative strategists, all of whom work closely with clients to monitor the changing data and cyber landscapes. After a comprehensive analysis of potential risks, we develop, execute and maintain tailored solutions to mitigate perceived threats and take advantage of underlying opportunities. View more on our Cybersecurity, Data Protection & Privacy practice page. Response Team Contacts:Rafi Azim-Khan | Brian Finch | Deborah Thoren-Peden
Supply Chain, Force Majeure and Contracts
Sometimes a crisis like the COVID-19 pandemic creates uncertainty for your and your suppliers’ business. Your agreements with suppliers and service providers likely account for exigent circumstances via force majeure and other contract provisions such as business continuity and disaster recovery (BC/DR), and reviewing and updating those contingencies now is imperative.
Generally, force majeure clauses are narrowly construed. In many cases, pandemics or the like are not expressly addressed in force majeure clauses, but are addressed (or contemplated) in BC/DR plans. Before a “nuclear option” is triggered, which under certain force majeure clauses can result in contract termination for extended periods of non-performance due to a force majeure event, consider whether the BC/DR plan is sufficient to carry the business forward even during trying times.
Pillsbury provides business-critical advice to a wide variety of financial institutions—from large multinational banks to local and regional banks to private equity and investment funds—headquartered around the world. Our broad industry experience spans all facets of compliance, transactional, corporate operations and litigation-related challenges encountered by financial services industry clients. When undertaking matters for financial institutions, Pillsbury’s primary goal is always to achieve our clients’ commercial objectives with an absolute minimum of regulatory burden while helping to assess and resolve our clients’ business risks. We can accomplish this because we have a comprehensive understanding of the industry and the multitude of regulations governing it. We have lawyers with focused and deep experience in the wide range of legal disciplines applicable to financial institutions who work collaboratively with Pillsbury’s COVID-19 (Coronavirus) response team, drawing on a multidisciplinary approach to position our clients for success. View more on our Financial Services practice page. Response Team Contacts:Leo Crowley | Cassie Lentchner
With substantive and political experience and a network of local, state, federal and international leaders in business and government, Pillsbury offers clients comprehensive and creative problem-solving services globally, including during times of global pandemics like COVID-19. Our bipartisan lawyer-lobbyists advocate for clients before all levels of government, defend against executive actions in the regulatory arena, and help create and leverage new business opportunities. Many team members are former senior officials in the U.S. government and leading practitioners on cybersecurity, financial regulation and energy policy.
Combining technical experience and strong personal relationships with key leaders on Capitol Hill, in federal, state and local agencies, and in the White House, we employ a persuasive and politically salient approach, promoting our clients’ interests with legislative and regulatory policymakers, media advocates and thought leaders worldwide. View more on our Public Policy practice page. Response Team Contacts: Brian Finch | Elizabeth Moeller | Craig Saperstein
Our deep market knowledge and coast-to-coast presence allows our Pillsbury Real Estate lawyers to advise bankers, lenders, development companies, landlords and tenants on the myriad issues facing these companies in the wake of the Coronavirus outbreak, including the acquisition and disposition of distressed real estate, loan modifications, workouts and restructuring on behalf of lenders and borrowers, leasing issues for landlords and tenants, construction projects, insurance, contract review of force majeure clauses and the effects of government closure on necessary steps in real estate matters including notice, filings and confirmation of compliance. View more on our Real Estate practice page. Response Team Contacts:Rachel Horsch | James Rishwain
If you have questions about how the 2019 Novel Coronavirus impacts you or your business, please contact us.
UK Supreme Court ruled this week in favour of retailer facing vicarious liability class action claims following significant data breach caused by rogue employee. The case is a stark reminder of the responsibilities of companies to secure data, particularly at a time when large proportions of the work force may be working remotely due to the Covid-19 pandemic.