A Brief Look: The Coronavirus Edition
Welcome to our new weekly column where I will share with you what articles in-house leaders need to know from across our numerous law.com briefings. If you are not familiar with our briefings, I encourage you to check them out and sign up to receive them in your inbox each week.
March 09, 2020 at 06:00 PM
5 minute read
Welcome to our weekly column where I will share with you what articles in-house leaders need to know from across our numerous law.com briefings. If you are not familiar with our briefings, I encourage you to check them out and sign up to receive them in your inbox each week. You can subscribe to any of the briefing newsletters by clicking on the links in this article, or by going to the law.com briefings page, or by going to your the newsletters section under "MyAccount," where you will see all the newsletter options.
|Global:
Is a Recession Coming? Late last week, Australian firm Clayton Utz closed its Sydney office after one employee reported being exposed to the virus. Last week, Baker McKenzie also temporarily closed its office in London after reported unwellness by an employee returning from Italy. Speaking of Italy, the whole country is now on lockdown. In Asia, despite a general view that the virus' impact is short term, travel restrictions and quarantine measures already in place will likely put deal making on hold for many people. Investors are again more cautious about making acquisitions amid value uncertainty.
Why it matters:
The fear of a potential worldwide community transmission amplifies its impact on business and commercial activity. Global stock markets crashed on Friday, with the Dow Jones Industrial Average dropped to the lowest in a decade, wiping out a year's worth of gains. In fear of a recession, the Federal Reserve made an emergency 0.5% interest rate cut, a first of that scale since the financial crisis.
From our briefing The Global Lawyer, a curated selection of our international content from around the globe, across the business of law, in-house, regulatory, technology and more, with expert insights from our senior editors. Delivered weekly to your inbox.
|In-House:
Coronavirus and the Workplace. The Centers for Disease Control and Prevention has not classified the worldwide COVID-19 outbreak as a pandemic here in the U.S., but the spread of cases is making employers uneasy, which in turn are making in-house counsel uneasy.
Howard Mavity, a partner at Fisher & Phillips in Atlanta, said employers need to establish policies on how to handle absences caused by illnesses and public measures such as the shutting down schools or public transportation. These factors alone could cause many employees to call out, even if they're not sick.
Why it matters:
Law firms are advising clients that if 50% of your workforce is forced to take a week or two weeks of their time, you will have a huge unfunded expense. They are advising clients to sit and calculate this out because it could put you in the red. Can you insure any of it? Or fund any of it? That's is something that employers need to think out – not to mention possible liability.
From our briefing Inside Track, were Dan Clark connects the in-house community with a weekly run-through of what and who you need to know to survive and thrive in the modern-day legal department.
|Labor & Employment:
Coronavirus Threat: 'Employers Want to Know What to Do'. Employers across the country this week were assessing workplace readiness plans as the coronavirus spread. Workers across industries were advised on procedures for telecommuting, as management assessed the potential for widespread and sustained disruptions.
The legal industry this week shifted into crisis management mode. Meanwhile, a lawyer in New York was seriously ill, and employees at hospitals were reportedly embracing technology including interactive video and secure messaging to reduce exposure to patients with the virus.
ALM editor MP McQueen reached out to labor and employment specialists, and in-house lawyers, for a glimpse at some of the discussions. You can read her full report here at Law.com.
Why it matters:
Employers need to decide what policies they will establish to handle absences caused not only by actual illnesses but by measures that public officials might take, such as shutting down schools, as happened last week in Japan. Closing public schools or public transportation could cause large numbers of employees to call out, even if they are not ill themselves.
From our briefing Labor of Law, where Michael Scarcella reports on the hot spots in employment law—emerging issues, novel cases and the policy, politics and personalities reshaping the workplace.
|Class Actions:
Could Coronavirus Victims Sue for Injuries? While the coronavirus was unpredictable, could victims have a personal injury lawsuit against the cruise ships, nursing homes or hospitals where they were infected or treated? It's a fair question, given legal actions against the leader of a religious cult accused of precipitating an outbreak of more than 5,000 cases in South Korea.
John "Jack" Hickey of the Hickey Law Firm, has spent his 40-year career defending cruise ships, then suing them, told us that lawyers would look at whether the defendant took "all reasonable measures." For instance, in the quarantine of passengers on the Diamond Princess, where 45 of the U.S. cases of coronavirus originated, and over which recent questions have surfaced.
Why it matters:
As the virus spreads, understanding what steps need and should be taken – whether those precautions are directed to protect your employees and/or your customers – during this outbreak can mitigate the litigation risk to your company.
From our briefing Critical Mass, where Amanda Bronstad obsesses over class actions and mass torts, keeping you in the loop on the news that matters—big wins, novel legal strategies, appellate battles and who's getting the work.
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