lexis practice advisor your life sciences journal practice ... fda activity, get your life sciences

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  • The LEXIS PRA CTICE A

    D V

    ISO R Journal

    TM SPECIA

    L ED ITIO

    N 2020, ISSU

    E #8 - CO RO

    N A

    V IRU

    S w w w .lexispracticeadvisor.com Winter 2019 / 2020

    ®

    MOTION TRADEMARKS GROW IN POPULARITY

    Drafting Choice-of-Law Provisions

    New Emphasis on the Need for Cyber Insurance

    CORONAVIRUS

    Special Edition 2020

    ®

    EMPLOYERS CONFRONTING THEIR OBLIGATIONS AS CORONAVIRUS SPREADS

    COVID-19 Claims Impact Entire Insurance Coverage Spectrum

    Diagnosing and Treating Coronavirus Risks in M&A

    CORONAVIRUS

    Special Edition 2020

    ®

    EMPLOYERS CONFRONTING THEIR OBLIGATIONS AS CORONAVIRUS SPREADS

    COVID-19 Claims Impact Entire Insurance Coverage Spectrum

    Diagnosing and Treating Coronavirus Risks in M&A

    Lexis Practice Advisor®

    Your Life Sciences practice is complex. Your legal resources don’t have to be.

    From biotech deal clauses to insight into the latest FDA activity, get your Life Sciences “know-how” in one convenient place. Comprehensive practical guidance for your life science practice. Lexis Practice Advisor® for Life Sciences offers a dedicated, task-based tool to help you:

    • Navigate your complex regulatory landscape with greater ease, speed, and confidence. Only Lexis Practice Advisor offers sophisticated regulatory trackers and state surveys for at-a-glance of coverage of FDA activity and state laws and regulations.

    • Access superior content focused exclusively on practical guidance for life science matters. Find deep and trusted “how-to” materials organized around specific life sciences tasks covering regulatory approval, clinical research, IP issues, transactional matters and more.

    • Find timely, topical forms and agreements expressly developed for, and vetted by, life science practitioners. Gain efficiency and time with access to these trusted resources all in one place.

    Request your free trial of Lexis Practice Advisor today.

    Call 800-628-3612 or www.lexisnexis.com/practice-advisor.

    LexisNexis, Lexis Practice Advisor and the Knowledge Burst logo are registered trademarks of RELX Inc. © 2020 LexisNexis.

  • Current Awareness

    4 EMPLOYERS CONFRONTING THEIR OBLIGATIONS AS CORONAVIRUS (COVID-19) SPREADS Labor & Employment

    17 DIAGNOSING AND TREATING CORONAVIRUS RISKS IN M&A TRANSACTIONS Corporate and M&A

    22 HHS ADDRESSES HIPAA PRIVACY AND SECURITY RULE ISSUES IN COMBATTING CORONAVIRUS Employee Benefits & Executive Compensation

    Practice Tips

    26 CORONAVIRUS AND FORCE MAJEURE CHECKLIST Commercial Transactions

    30 COVID-19 CLAIMS IMPACT ENTIRE INSURANCE COVERAGE SPECTRUM

    Insurance

    36 FDA EMERGENCY USE AUTHORIZATIONS Life Sciences

    42 TELECOMMUTING EMPLOYEES: BEST PRACTICES CHECKLIST Labor & Employment

    51 TELECOMMUTING POLICIES: KEY DRAFTING TIPS Labor & Employment

    Practice Notes

    53 CORONAVIRUS TAX RELIEF Tax

    58 SEEKING TIME EXTENSIONS IN LITIGATION

    Civil Litigation

    64 COVID-19 RAMIFICATIONS FOR PUBLIC COMPANIES

    Capital Markets & Corporate Governance

    70 SEC REPORTING COMPANIES: CONSIDERING THE IMPACT OF THE CORONAVIRUS ON PUBLIC DISCLOSURE AND OTHER OBLIGATIONS

    Capital Markets & Corporate Governance

    76 SEC ISSUES STATEMENT ON CORONAVIRUS REPORTING CONSIDERATIONS AND POTENTIAL RELIEF

    Capital Markets & Corporate Governance

    79 NAVIGATING CORONAVIRUS: A GUIDE FOR REIT GENERAL COUNSEL

    Real Estate

    4

    Contents CORONAVIRUS SPECIAL EDITION 2020

    3017

  • www.lexispracticeadvisor.com

    The Lexis Practice Advisor Journal (Pub No. 02380; ISBN: 978-1-6328t-895-6) is a complimentary publication published quarterly for Lexis Practice Advisor® subscribers by LexisNexis, 230 Park Avenue, 7th Floor, New York, NY 10169. Email: lexispracticeadvisorjournal@lexisnexis.com | Website: www.lexisnexis.com/lexispracticeadvisorjournal

    This publication may not be copied, photocopied, reproduced, translated, or reduced to any electronic medium or machine readable form, in whole or in part, without prior written consent of LexisNexis. Reproduction in any form by anyone of the material contained herein without the permission of LexisNexis is prohibited. Permission requests should be sent to: permissions@lexisnexis.com. All information provided in this document is general in nature and is provided for educational purposes only. It may not reflect all recent legal developments and may not apply to the specific facts and circumstances of individual cases. It should not be construed as legal advice. For legal advice applicable to the facts of your particular situation, you should obtain the services of a qualified attorney licensed to practice in your state. The publisher, its editors and contributors accept no responsibility or liability for any claims, losses or damages that might result from use of information contained in this publication. The views expressed in this publication by any contributor are not necessarily those of the publisher. Send address changes to: The Lexis Practice Advisor Journal, 230 Park Avenue, 7th Floor, New York, NY 10169. Periodical Postage Paid at New York, New York, and additional mailing offices. LexisNexis, the Knowledge Burst logo and Lexis Practice Advisor are registered trademarks and Lexis Practice Advisor Journal is a trademark of Reed Elsevier Properties Inc., used under license. Other products and services may be trademarks or registered trademarks of their respective companies. Copyright 2020 LexisNexis. All rights reserved. No copyright is claimed as to any part of the original work prepared by a government officer or employee as part of that person’s official duties. Cover photo courtesy JuSun / istockphoto.com. Additional images used under license from istockphoto.com.

    EDITORIAL ADVISORY BOARD Distinguished Editorial Advisory Board Members for The Lexis Practice Advisor Journal are seasoned practitioners with extensive background in the legal practice areas included in Lexis Practice Advisor®. Many are attorney authors who regularly provide their expertise to Lexis Practice Advisor online and have agreed to offer insight and guidance for The Lexis Practice Advisor Journal. Their collective knowledge comes together to keep you informed of current legal developments and ahead of the game when facing emerging issues impacting your practice.

    Andrew Bettwy, Partner Proskauer Rose LLP Finance, Corporate

    Julie M. Capell, Partner Davis Wright Tremaine LLP Labor & Employment

    Candice Choh, Partner Gibson Dunn & Crutcher LLP Corporate Transactions, Mergers & Acquisitions

    S. H. Spencer Compton, VP, Special Counsel First American Title Insurance Co. Real Estate

    Linda L. Curtis, Partner Gibson, Dunn & Crutcher LLP Global Finance

    Tyler B. Dempsey, Partner Troutman Sanders LLP Mergers & Acquisitions, Joint Ventures

    James G. Gatto, Partner Sheppard, Mullin, Richter & Hampton LLP Intellectual Property, Technology

    Ira Herman, Partner Blank Rome LLP Insolvency and Commercial Litigation

    Ethan Horwitz, Partner Carlton Fields Jorden Burt Intellectual Property

    Glen Lim, Partner Katten Muchin Rosenman LLP Commercial Finance

    Joseph M. Marger, Partner Reed Smith LLP Real Estate

    Alexandra Margolis, Partner Nixon Peabody LLP Banking & Finance

    Matthew Merkle, Partner Kirkland & Ellis International LLP Capital Markets

    Timothy Murray, Partner Murray, Hogue & Lannis Business Transactions

    Michael R. Overly, Partner Foley & Lardner Intellectual Property, Technology

    Leah S. Robinson, Partner Mayer Brown LLP State and Local Tax

    Meredith French Reedy, Partner Moore & Van Allen PLLC Financial Services

    Scott L. Semer, Partner Torys LLP Tax, Mergers and Acquisitions

    Lawrence Weinstein, Corporate Counsel The Children’s Place Inc.

    Kristin C. Wigness, Sr. Counsel McGuireWoods LLP, Finance, Restructuring & Insolvency

    Patrick J. Yingling, Partner King & Spalding Global Finance

    2

    SPECIAL EDITION 2020 - Issue 8, Coronavirus

    EDITOR-IN-CHIEF Eric Bourget

    MANAGING EDITOR Lori Sieron

    DESIGNER Jennifer Shadbolt

    MARKETING Kelsey Cable Maura Donovan Sonja Mundy Julia Perdue Teri J. Smith Harriet Wesig

    CONTRIBUTING EDITORS Banking Law Matthew Burke

    Capital Markets Burcin Eren

    Commercial Transactions Anna Haliotis

    Corporate Counsel Carrie Wright

    Data Privacy & Security Chad Perlov

    Employee Benefits Bradley Benedict & Executive Compensation

    Finance Jason Amster

    Financial Restructuring Robyn Schneider & Bankruptcy Intellectual Property & Technology Jessica McKinney

    Labor & Employment Elias Kahn

    Energy, Oil & Gas Cameron Kinvig

    Real Estate Kim Seib

    ASSOCIATE EDITORS Maureen McGuire Mia Smith Shannon Weiner Ted Zwayer

    PRINTED BY Cenveo Publisher Services 3575 Hempland Road Lancaster, PA 17601

  • www.lexispracticeadvisor.com 3

    Our mission The Lexis Practice Advisor JournalTM is designed to help attorneys start on point. This supplement to our online practical guidance resource, Lexis Practice Advisor®, brings you a sophisticated collection of practice insights, trends, and forward- thinking articles. Grounded i

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