Coronavirus 'to Boost Litigation and Restructuring Work', Lawyers Say
Supply chains and force majeure exemptions are coming under the spotlight as the virus continues to spread.
February 27, 2020 at 06:28 AM
3 minute read
Top lawyers say that they are expecting a windfall in restructuring and litigation mandates as the global economy continues to be damaged by the ongoing spread of coronavirus.
The virus, officially known as COVID-19, has infected nearly 78,000 people globally, according to the latest statistics from the World Health Organisation. It has also wiped billions of dollars off the global economy by damaging supply chains. The Dow Jones Industrial Average has fallen 6.6% since the start of the week.
Restructuring lawyers say that distressed companies could find themselves falling into financial difficulty driven by the effects of coronavirus, which is affecting supply chains and the sale of goods coming out of China.
One restructuring lawyer said: "The great unknown is that if [the virus] really does continue seriously for the next quarter, it will really start to impact on retail supply, which is long-leaded by nine months."
The lawyer added: "I think that even if [coronavirus] ended tomorrow, there will still be a fallout that will keep the international firms busy. The winners from this will be those with the restructuring and litigation skill set, the losers will be M&A."
Kirkland & Ellis restructuring partner Kon Asimacopoulos said in a post on LinkedIn: "While the GDP impact of the coronavirus was at first only anticipated to impact the Chinese economy, that is now clearly incorrect. The economic tentacles of COVID-19 are reaching far and wide, and it is obvious the longer it takes to contain, the worse it will be."
Litigators also cite a dwindling supply chain coming out of China as increasing the likelihood of businesses invoking force majeure exemptions if they are unable to fulfil contracts.
Litigation specialists Quinn Emanuel Urquhart & Sullivan issued an update to clients last week about the possible impact of coronavirus on litigation, saying that contracts signed prior to the coronavirus outbreak could arguably be covered by the Force Majeure clause. This is because the spread of the virus was outside of the affected party's control and neither of the companies could have foreseen it.
Corporate lawyers have added that they are concerned about a potential slowdown in M&A activity as businesses divert their attentions away from strategic takeover opportunities, instead looking to set straight any problems caused by the virus outbreak.
Law firms have leapt into action to keep abreast of the spread of the virus in key locations such as Mainland China, where firms have issued new guidance to employees about working from home and office closures, and Italy, with firms such as Bird & Bird and Italian firm BonelliErede limiting staff movement following reports of an outbreak in the north of the country.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 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 AllApple Subsidiaries in Belgium and France Sued by DRC Over Conflict Minerals
2 minute readDLA Piper, Heuking & Other Key Moves as German Legal Market Reshuffles Ahead of 2025
2 minute readLaw Firms Mentioned
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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