Coronavirus Response Team
Our attorneys have been fielding pandemic-related questions from clients around the clock about what proactive measures businesses can take to minimize disruption and market risks. Recognizing the growing need for reliable intel, our multi-disciplined Coronavirus (COVID-19) Response Team is here to help you understand and better navigate the issues that matter most to your business.
Response Team Contact
To point you in the right direction.
Latest COVID-19 Takes
The Vaccine Mandate | Quick Legal Hits Series
December 8, 2021 | Webinar/Video
Top 10 Things You Need to Know About the Vaccine Mandate Manufacturing Industry Team Leader Mekesha ...
Update – Fraud Investigations Related to COVID-19 Assistance Programs
July 13, 2021 | Blogs
The Paycheck Protection Program (PPP) was introduced with the CARES Act in 2020 in an effort to assi...
OSHA’s COVID-19 Emergency Temporary Standard Now in Effect
June 21, 2021 | Coronavirus Response Team
The wait is now over. The long-anticipated COVID-19 Emergency Temporary Standard (ETS) was publis...
OSHA Issues New COVID-19 Safety Rules for Healthcare Sector and New Guidelines for All Industries
June 11, 2021 | Blogs
On June 10, 2021, the Department of Labor’s (DOL) Occupational Safety and Health Administration (O...
FMCSA Extends Waiver for CDL and CLP Holders
June 4, 2021 | Coronavirus Response Team
Effective June 1, 2021, the Federal Motor Carrier Safety Administration (FMCSA) extended a waiver fr...
EEOC Releases Guidance Regarding Employer Incentives for Voluntary COVID-19 Vaccinations
June 3, 2021 | Coronavirus Response Team
The Equal Employment Opportunity Commission (EEOC) released long-awaited guidance on employer-offere...
Our team is issuing legal updates at a rapid click in an attempt to cover the pandemic from every applicable business and legal angle. For your convenience, we’ve created searchable collections to help you quickly find the information and analysis you’re looking for.
CARES Act for Small Businesses
While the CARES Act offers significant benefits to business owners in hard-hit industries, this complex piece of legislation is not without potential pitfalls. In this short video, Frost Brown Todd Member Mark Sommer, who leads our Tax team, describes the key provisions of the CARES Act and which program components are best suited to the needs of small businesses.
CARES Act for Midsize to Large Businesses
Though small businesses are defined under the CARES Act as those with fewer than 500 employees, Title IV of the Act offers relief to certain employers that surpass the 500-employee threshold. For specified industries, states and municipalities that have experienced significant losses, this portion of the CARES Act authorizes significant funding in the form of loans, loan guarantees, and investments.
Our Coronavirus Response Team has the industry-focused resources necessary to help companies navigate the many interrelated issues impacting their business and workforce as this pandemic reaches an inflection point. Our attorneys are recognized thought leaders, working nationally and internationally in several key industries. We can quickly assess the sector-specific implications of COVID-19, help businesses address these challenges, and work with your leadership team to identify commercially viable solutions to achieve sustainability into the future.
- HIPAA Privacy Rules – Exceptions Under Public Health Emergencies
- Non-Workforce Access Restrictions
- Surveys & Licensing
- Disease Containment Measures
- FDA Licensed Products
Mobility & Transportation
- Global Supply Chain Interruptions for Automotive, Aviation and
- Force Majeure Issues
- Travel Restrictions
- Warranties and Insurance
- Global Supply Chain Interruptions
- EEOC’s Pandemic Preparedness in the Workplace
& the ADA Guidance
- FDA Regulatory Issues
- Regulatory Considerations
- Virtual Payment Platform Capacity
- Loan and Deposit Operations
- Cash Handling, ATM Policies, and Levels/Availability
- Customer Service Shutoff Policies
- Force Majeure Issues
- Public Service Commission Regulatory Considerations
We’ve identified the following legal/business issues where our cross-disciplined Coronavirus Response Team can provide problem-based solutions, value, and reassurance as companies are faced with tough choices.
Labor & Employment
- Response Plans
- Non-Essential Travel Bans
- Personal Travel Disclosures
- Self-Reporting Diagnoses/Contact with Diagnosed Person(s)
- Required Examinations & Care
- Employee Quarantines
- Vendor/Contractor Workplace Restrictions & Pre-entrance Inspections
- EEOC’s Pandemic Preparedness in the Workplace & the ADA Guidance
- Employee Benefits
- Qualified Disaster Relief
- Employee Assistance/Charity Programs
- Dependent Care Assistance
- HIPAA Privacy Rules
- Collective Bargaining
Force Majeure, Business Interruption & Supply Chain Disruption
Insurance Policies & Coverage
Bankruptcy & Restructuring
- Distressed Suppliers
- Insolvency Proceedings
Public Companies & Securities
- Virtual Shareholder Meetings
- SEC Reporting
- Public Company Disclosures
- Investor Relations
Mergers & Acquisitions
- Virtual Due Diligence
Intellectual Property, Technology & Data Privacy/Security
- Remote Employee Access
- Cybersecurity Training (i.e., Secure Access, Phishing)
- Business Continuity
- Recovery of Business Systems
- Technology Implementation Delays
- Brand Protection
Real Estate & Construction
- Sale, Lease & Construction Force Majeure Issues
- Multifamily Housing
- Facility Rental Agreements
- Commercial Property Quarantine Issues
Crisis Management & Public Relations (PR) Communications
- Crisis Readiness
- Response Plans & Implementation
- Managing PR Data
- Government Contracts
- Emergency Procedures
- Facility Access Restrictions & Closures
- Open Meetings Act
- Community Programming
- Before/After School Programming
- Federal, State & Local Law Enforcement & Corrections
- Provision of Essential Services
- Legislative & Regulatory Advocacy
- Public Policy
- Deductibility Issues
- Impending Deadlines & Extensions
- Timing-Related Issues (i.e., Voluntary and/or Required Elections)
As we are all faced with the health and safety concerns related to the novel COVID-19 outbreak, we want to assure you that your needs — the needs of our clients — are at the forefront of the decisions we make here at Frost Brown Todd. We are taking every precaution to be proactive in this very fluid situation. We are asking all employees to postpone non-critical meetings and events. All employees must record their travel plans with our Human Resources Department.
We do not want anyone to unnecessarily expose themselves or those around them to this illness. We are prepared to work remotely from a secure network if necessary and continue our operations without disruption. In the unfortunate instance that we must implement any additional precautions, we will notify you as soon as we are able. We value our client relationships and hope you stay healthy and safe during this uncertain time.
In the News
Local and national media outlets are reaching out to our attorneys for insight into the COVID-19 issues of paramount concern for organizations across the private, public and social sectors.
Explore the latest news stories for which our attorneys lent their perspective.
“As companies reopen, in-house lawyers feel the pinch,” by Olivia Covington (The Indiana Lawyer)
I went from ‘you can’t terminate the contract’ to ‘perhaps you can get some leverage to renegotiate’ to ‘you need to terminate it now.’
Bryan Strawbridge | Member | Indianapolis, IN
“Considering bonuses to cover PPP obligations? Here’s what you need to know,” by Sarah Shadburne, Louisville Business First.
There may be companies that find it appropriate or necessary to issue reasonable bonuses to reward people for coming in in these times. However, a bonus that’s strictly designed to reach your forgiveness elements would be a very aggressive position that I would not necessarily advise … We do expect [guidance from the SBA] very soon, but we don’t have it yet. It’s really becoming critical on that forgiveness element to get that out there.
Shannon Kuhl | Member | Cincinnati, OH
“The Role of Government in a Crisis,” Pantsuit Politics Podcast.
There has to be recognition that we’re not going to have a normal election in November. We’re not going to be fully out of this pandemic. Hopefully, we’ll be in a much better spot in November than we are today. But it’s not going to be like it was in November of 2018 or 2019. We’re going to have more social distancing. We’re going to have at-risk populations. And we’re going to have to make decisions today that guide our decisions down the road.
Trey Grayson | Member | Florence, KY
“Sew it goes: Lawyers aid communities during pandemic,” by Kate Stancombe, The Indiana Lawyer.
Pre-pandemic, my wife and I have served at the Grace Care Center in Noblesville, IN. The care center has a food pantry where normally our friends can come through and pick up the groceries they need. In this pandemic time…we just drive up, put [the groceries] on their doorstep, knock, go back to the car and wave. For the people hit hardest by this, they don’t have a job. They don’t have the gas money to drive to the care center to even pick up groceries.
Matthew Schantz | Member | Indianapolis, IN
“Is America ready to vote during a pandemic in November,” by Zach Montellaro, Politico.
It is going to be a real challenge to do these kinds of fundamental shifts. Election administrators have their work cut out for themselves. The country and the states need to make decisions now to put those administrators … in [the] position to pull these things off.
Trey Grayson | Member | Florence, KY
“Frost Brown Todd attorney helping nonprofits with coronavirus questions,” by Chris Dickerson, West Virginia Record.
I serve on a few nonprofit boards, and I know some of them are having a tough time. So, I suggested that I could help nonprofits with issues they’re facing … They’ve all been really appreciative. I’ve been answering questions for them, such as how do you apply for loans through this or how do I get tax credits or how does the CARES package change things? … I have to give props to my law firm, which has been very supportive of my idea [to provide pro bono advice to nonprofits] and has been very helpful to so many people and groups through this.
Katherine Brings Capito | Member | Charleston, WV
“Unemployed workers in Louisville eager for $1,200 coronavirus bailout checks,” by Alfred Miller, The Courier Journal.
Congress’ stimulus bill is just massive. That’s the policy, I would suggest, moving through these bills. It’s to put cash in the hands of business, put cash in the economy. That’s really positive.
Mark Sommer | Member | Louisville, KY
“Law firm organizes pandemic response team,” by Sarah Shadburne, Louisville Business First.
This obviously is an unprecedented situation, but a lot of the experiences they (our lawyers) have can be beneficial to share with our clients. 9/11 is one of the first things that comes to mind, just from very unique legal issues that face our business community that really couldn’t be predicted in any way, shape or form where there were unprecedented challenges that arose. From a business perspective we also have to help our clients to figure those things out and that’s what we’re dealing with here, too.
Geoff White | Office Member-in-Charge | Louisville, KY
“Cincinnati law firms talk their clients’ biggest concerns during coronavirus outbreak,” by Andy Brownfield, Cincinnati Business Courier.
Our view overall is not to panic. That’s the last thing people need to do right now. Be thoughtful and apply your prior experience and knowledge.
Chris Habel | Office Member-in-Charge | Cincinnati, OH
We’re trying to send a message that employers should be patient, flexible and willing to adapt to strike the balance of having a sick-free workplace and employees who voluntarily go home when they’re sick (without fear of losing their jobs).
Jeff Shoskin | Member | Cincinnati, OH
“Own a small business in Kentucky? Here’s how to get federal aid amid coronavirus shutdowns,” by Alfred Miller, The Courier-Journal.
The lending is an important piece, but it really is important for small businesses to take a holistic look at how this is going to impact them … I don’t want to be alarmist. But there appear to be more unknowns as to what’s going to happen in terms of supply chains and that sort of thing. It doesn’t appear at this point to be a concern that there is going to be a lack of financing. But the concern is a lack of workforce on the production side of the economy.
Jared Tully | Member | Charleston, WV
“$2 trillion stimulus bill: What local business leaders need to know,” by Sarah Shadburne, Louisville Business First.
These three pieces of legislation are unprecedented in scope and size and breadth…A lot of discretion is built into the legislation empowering various agencies to take steps to stimulate or protect the economy…There’s phase out rules, there’s threshold rules, but it’s a big benefit. It’s going to be a direct cash influx. This is not subject to income tax. It’s for this money to go into the business and to keep people employed during the crisis and not have to pay it back.
Mark Sommer | Member | Louisville, KY
“How A Novel Virus Is Raising Novel Issues for Attorneys,” by Natalie Rodriguez, Law360.
We haven’t really dealt with the constitutional issues of how broad is too broad when you’re in the middle of a pandemic … [Prisoners] clearly have constitutional rights with respect to medical treatment. From a legal standpoint, those pieces are pretty clear. The issue is when we get to a point when it overwhelms the system.
Tom Wheeler | Member | Indianapolis, IN
“EU Travel Bar Adds To BigLaw’s COVID-19 Headaches,” by Natalie Rodriguez, Law360.
Travel concerns are delaying scheduling of in-person closing, but deal pace has not slowed [because companies have the ability to sign documents remotely] … Thanks to that, we are hopeful there will not be a material impact at this time.
Gray Sasser | Member | Nashville, TN
“Resource guide for Greater Cincinnati businesses impacted by coronavirus,” by Business Courier staff, Cincinnati Business Courier.
“Kentucky businesses have forgivable Paycheck Protection Loan apps ready for midnight opening of SBA portal,” by Mark Green (The Lane Report)
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Note: Our coronavirus-related guidance was current at the time of publication, but the situation remains fluid and the long-term ramifications are still unknown. Nevertheless, we are committed to providing regular updates on the emerging legal issues, as well as any changes at the policy level that stand to impact ground-level operations for your business.