COVID-19: Services and Insights

Welcome to Becker’s resource page on COVID-19. We are updating this information on a daily basis. Given the evolving nature of this medical crisis some of the information in older articles may have changed. All of this information is posted to educate and inform our clients but does not constitute specific legal advice. Please consult your Becker attorney for questions.

The rapidly evolving coronavirus (COVID-19) has created an environment of complexity and uncertainty that no doubt has impacted your business in some way. We are here to help you navigate through this challenging time. The business matters listed below are just some of the potential issues that we can assist you with. For over 47 years, Becker has been and remains committed to serving our clients, our team members, and our communities. Together, we will succeed.
 
How we can help you:

Business Continuity

• Strategies for business continuity and assessing contract rights and risks
• Planning for supply chain, production, sales, and development disruptions
• Identifying strategic business and financial opportunities in the shifting markets

Litigation

• Enforcement or cancellation of contracts where performance is threatened by COVID-19 because of (1) impossibility of performance, (2) frustration of contractual purpose and (3) force majeure contract clauses which excuse performance due to civil emergencies beyond the parties’ control
• The effect of delays in performance of contract obligations
• Employer and employee obligations and liabilities due to governmental emergency orders and health risks
• Analysis of insurance policies to prove coverage and secure recoveries
• Advise on governmental moratoriums on judicial remedies

Community Associations

• Property access recommendations for guests, contractors, vendors, family, brokers, housekeepers, and others
• Interpretation of governmental orders concerning COVID-19 and their applicability to CA operations
• Recourse against residents who test positive but who refuse to self-quarantine
• Advise boards whose owners withhold assessments due to closure of common elements
• Assess whether constructions projects in units and on common elements should be stopped
• Pending transactions related to move-ins and move-outs

Construction Law & Litigation

• Interpretation of construction documents in light of “force majeure” for delays and disruptions beyond the reasonable contemplation of the parties
• Negotiate, draft, and interpret construction contracts and related documents

Corporate

• Advise on SEC filing date extensions and relief from Exchange Act compliance
• Advise on legal issues as it relates to price gouging practices
• Counsel on reductions or changes to the workforce
• Analyze contracts for preserving economic rights while facing cancellations

Employment

• Employer and employee obligations and liabilities due to governmental emergency orders and health risks
• Advise on employee self-reporting, testing, and leave policies
• Guidance regarding the Families First Coronavirus Response Act

Government Law & Lobbying

• Advise on permit and development order extension opportunities
• Assistance with accessing supplies needed to address the crisis
• Identify programs and grant opportunities to assist businesses and individuals including the Florida Small Business Emergency Bridge Loan Program
• Guide clients through the process of accessing funding that has been released for emergency response and economic recovery
• Work with Congress and federal agencies to ensure resources necessary to address client needs are included in relief packages

Real Estate

• Review loan agreements, purchase and sale agreements, and leases that contain force majeure and/or material adverse change provisions
• Provide detailed analysis as to whether agreement clauses are triggered
• Analyze existing debt service obligations for potential default
• Assess upcoming debt maturities
• Consider effect of potential working capital and workforce disruptions
• Advise on moratoriums on eviction and foreclosure proceedings

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A Message from Our Managing Shareholder, Gary C. Rosen

Dear Clients and Friends: With the federal government issuing a state of emergency due to the novel coronavirus (COVID-19) and the World Health Organization…

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