3 Things Florida Lawyers Want Businesses to Do as Coronavirus Hobbles Economy
Business owners who have access to credit and are worried about cash flow or revenue shortfalls are wise to "hit your line of credit now."
March 13, 2020 at 04:47 PM
4 minute read
Lawyers are advising businesses to take action now to mitigate potential losses amid coronavirus fallout.
Financial markets shed trillions of dollars this week, entered a bear market, and on Thursday had the worst one-day drop in the Dow Jones Industrial Average since Black Monday in 1987, before experiencing a rebound on Friday.
Attorneys say the uncertainty will affect small and large businesses. Here's what they suggest:
1. Anticipate tighter capital
Daniel Gold, counsel at Buchanan Ingersoll & Rooney, said business owners who have access to credit and are worried about cash flow or revenue shortfalls are wise to "hit your line of credit now."
New credit might be hard to come by when more businesses are experiencing revenue shortfalls because of fewer customers or having inventory limitations due to their supply chains being cut off.
"So any restrictions on cash, or any projected revenue shortfalls could be stop-gapped with available credit," Gold said. "The alternative, seeking credit now, would probably be the best thing to do."
2. Know that interruption is inevitable
Gold said there is a chance businesses might have to suspend operations as they send employees home.
Next, he advises looking at insurance policies to see what coverage the business has right now. "If you do not have it, try to acquire business-interruption insurance." Gold said. "There could be long disruptions in supply chains."
Small businesses are having problems as their supply chains are becoming diminished. For instance, the Purchasing Manager's Index, which measures manufacturing output, has hit a record low in China, which is the largest exporter in the world and has an influential role in manufacturing.
"Eventually, some sectors of small business are going to be negatively affected," Gold said. "Whether small business owners need bankruptcy protection personally, because they guaranteed the debts of the businesses or the business itself requires bankruptcy protection, it is inevitable."
3. No more force majeure?
Despite the low credit rates, it might become more difficult for both small and large businesses to provide services.
Jay Sakalo, a bankruptcy partner at Bilzin Sumberg, said this could complicate performance under certain contracts.
And it's not just fears of a pandemic putting pressure on the global economy, as coronavirus infections surpass 125,000 worldwide, with more than 4,600 deaths, according to the World Health Organization. Other factors are also at play. An oil war between Russia and Saudi Arabia, for instance, is affecting several industries, while the U.S. trade war with China remains an impediment to global markets.
Amid these concerns, Sakalo is seeing renewed attention to "force majeure clause or material adverse change provisions" that exist in certain agreements. These will need to be examined more closely. Now that certain economists suggested the U.S. has moved into a recession, businesses-providing services may need to cancel agreements with force majeure or material adverse change conditions based on change in circumstances.
Sakalo explained that another consideration is "if they are the one purchasing the goods, whether they have the right to take any action based upon what is going on in the marketplace. That is the first thing lawyers need to be thinking about when advising their clients. It is something we are very actively looking at in the office at multiple levels."
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTragedy on I-95: Florida Lawsuit Against Horizon Freight System Could Set New Precedent in Crash Cases
2 minute read'You Lied to the Jury': Veteran Awarded $5 Million in Defamation Case Against CNN
4 minute readVedder Price Shareholder Javier Lopez Appointed to Miami Planning, Zoning & Appeals Board
2 minute readLaw Firms Mentioned
Trending Stories
- 1'Didn't Notice Patient Wasn't Breathing': $13.7M Verdict Against Anesthesiologists
- 2'Astronomical' Interest Rates: $1B Settlement to Resolve Allegations of 'Predatory' Lending Cancels $534M in Small-Business Debts
- 3Senator Plans to Reintroduce Bill to Split 9th Circuit
- 4Law Firms Converge to Defend HIPAA Regulation
- 5Judge Denies Retrial Bid by Ex-U.S. Sen. Menendez Over Evidentiary Error
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250