COVID-19 IMPACT CONSIDERATIONS & RESOURCES

The rapid spread of coronavirus (“COVID-19”) has agitated markets, disrupted supply chains, and forced families and businesses to confront difficult and trying circumstances. Legal implications of COVID-19 continue to evolve and impact our communities. At Feldmann Nagel Cantafio & Song PLLC we are dedicated to helping clients navigate the complex uncertainties and unique challenges presented by COVID-19.

The profound impact of COVID-19 is creating a host of legal concerns relating to a wide variety of issues, including in the areas of: Labor & Employment; Contracts & Supply Chain; Corporate/Transactional; Real Estate; Construction; Collections; Bankruptcies; Domestic Law; and Criminal Defense and Military. The following provides general questions our team of trusted advisors have compiled that companies, their boards, and individuals should consider as they navigate this uncertain era.

Education

  • Is the school meeting the needs of my child/student?
  • Am I responsible for the schools’ computer?
  • What if I don’t have access to the internet?
  • What if I don’t have textbooks, supplies, education materials at home?
  • How am I supposed to educate my child?
  • My child is on free and reduced lunch; how do I access the food program?
  • Will I be reimbursed tuition fees? Room and Board fees?
  • Will the schools be open in the Fall?
  • Does the online curriculum meet the needs of my student?
  • Is the District in compliance with FAPE?
  • What is the status of student athletics in schools?
  • Are elementary school teachers trained in online education?
  • How can the District social distance on buses, the playground, in classrooms and hallways?
  • How can a career tech/vocational education program go online?
  • Can I be expelled from my online school?
  • How does my teacher know if I’m attending school?
  • Do I need to attend the scheduled IEP/IFSP planning meeting?
  • Can I file a discrimination claim against the District?
  • Do high school athletics need to meet CDC guidelines?
  • What is the CHSAA doing about COVID-19 ?

Labor & Employmentundefined

  • What am I legally obligated to provide to ensure a safe and healthy workplace?
  • Can a company force employees to stay home?
  • What do I need to provide with regards to sick pay, leave of absence, and reasonable accommodations?
  • How do I maintain compliance with wage/hour laws?
  • Is COVID-19 a disability that has to be accommodated?
  • Can I be held liable if my employee infects coworkers with COVID-19?
  • In connection with leaves related to COVID-19, is the employee entitled to COBRA benefits?
  • Do health plans cover COVID-19 testing or treatment?
  • Must companies provide disability pay to their employees if they are unable to work due to COVID-19?

Contracts & Supply Chain Considerations

  • What steps should a company take if it cannot supply pursuant to contracts?
  • Does COVID-19 constitute force majeure and excuse non-performance of commercial contracts?
  • How does COVID-19 affect “Time of the Essence” clauses in contracts?
  • Who is responsible for losses when a supplier cannot supply a customer due to COVID-19?
  • Can I renegotiate my contract?

Corporate/Transactional Considerationsundefined

  • What steps should companies take to ensure that their board is informed and satisfying its fiduciary duties?
  • What are best practices for business continuity plans and crisis management procedures?
  • Does my corporation need a plan in place to address COVID-19?
  • What steps can companies take to prepare for the possibility of shareholder activism?

Real Estate

  • How does COVID-19 affect “Time of the Essence” clauses in real estate contracts?
  • What steps should borrowers and lenders take if financial or other covenant breaches are anticipated due to COVID-19?
  • How will force majeure clauses be interpreted?
  • Will force majeure be a defense to performance?
  • Am I still able to move into my new home?

Construction Industry Distressundefined

  • What is a mechanic’s lien?
  • How do I file for a mechanic’s lien?
  • Are construction workers essential under my state’s “stay at home” order?

Collections

  • Do I have to pay my student loans?
  • Do I have to pay my medical debt?
  • Is debt collection an essential business under my state’s “stay at home” order?
  • If I cannot make rent, am I going to be evicted? When?

Bankruptciesundefined

  • Should I file bankruptcy?
  • Can I file bankruptcy?

Domestic Law

  • Can I still pick up my kid for visitation?
  • Can I amend my spousal support?
  • Can I go to jail for failing to pay spousal support?

Criminal Defense and Militaryundefined

  • Will I get pulled over if I drive for a non-essential purpose?
  • Will I go to jail if I violate a “stay at home” order?
  • Are the Statutes of Limitation for crimes extended?
  • Will my hearing be canceled this month?
  • Are people getting released from jail and prison because of COVID-19?
  • What can I do if I think I am being pulled over by someone impersonating a law enforcement officer?
  • Is COVID-19 affecting potential plea offers and sentences for criminal offenses?

Feldmann Nagel Cantafio & Song PLLC is dedicated to addressing the wide range of legal issues arising as a result of COVID-19. At FNC, our diverse and highly skilled professionals are well-equipped to provide assistance to those in need. To discuss an issue with one of our experienced attorneys, please schedule a free consultation with a member of our team today by clicking the following link.

*Additional information regarding the COVID-19 crisis can be found on our blog page at the following link: https://www.colo-lawyers.com/blog/