Duane Morris – Page 67 – Coronavirus (COVID-19)

March 13, 2020September 3, 2020 by Duane Morris

Due to COVID-19 Threats, Financial Regulators Require Pandemic Policies

Federal and state financial regulatory agencies are requiring banks and other financial institutions to have policies in place in response to the current COVID-19 pandemic.

On March 6, 2020, the federal bank regulatory agencies―including the Federal Reserve, the Federal Deposit Insurance Corporation (FDIC), the Consumer Financial Protection Bureau (CFPB) and the Office of the Comptroller of the Currency (OCC)―issued an Interagency Statement on Pandemic Planning, which requires financial institutions to have an adequate business continuity plan (BCP) to address the potential adverse effects of COVID-19 and other pandemics.

To read the full text of this Duane Morris Alert, please visit the firm website.

March 13, 2020August 31, 2020 by Duane Morris

COVID-19 and Emergency Extensions of Time in California State Courts

In these troubling times of COVID-19, it’s useful to be reminded that the California Rules of Court have for some time contained provisions addressing extensions of time based on public emergencies and the illness of counsel.

Two rules in particular speak to this issue. Rule 8.63 of the California Rules of Court directs that the court “must consider” “illness of counsel” or “a personal emergency,” among many other factors, in determining good cause for a requested extension of time. (Cal. Rules of Court, rule 8.63(b) (10).) The rule also directs that “[i]f good cause is shown, the court must extend the time.” (Rule 8.63(a)(3).) And on a broader scale, Rule 8.66 authorizes the Chair of the Judicial Council (i.e., the Chief Justice of the California Supreme Court) to extend the time “to do any act required or permitted under the rules” up to 60 days on a statewide basis, if necessary.

Read the full text of this article by partner Paul Killion on the Duane Morris Appellate Review Blog.

March 13, 2020September 1, 2020 by Duane Morris

Employees Working from Home to Avoid Coronavirus? Protect Your Data

With the coronavirus threat having moved on from disrupting your business’s supply chain to threatening your employees’ health at home, now is the time to implement that company-wide remote workplace plan.

While there are a host of considerations in transitioning to a fully remote workplace—hardware, software, securing a connection, training employees, and maintaining productivity among them—perhaps the most pressing issue is protecting your company’s sensitive data.

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Remote employees are more susceptible to hackers and allowing unauthorized access.

And while top management may have secure connections, company laptops, and adequate training, other employees may not. They may be working remotely for the first time, trying to get acclimated with a host of new protocols and be productive while working from home. Converting an entire workplace to remote work is certainly a challenge, said Gregory Bombard, a partner with the law firm Duane Morris.

Bombard offered several “speed bumps” for bad actors that could help prevent the theft or loss of company data by remote workers.

First, limit access to particularly sensitive information, he said, by increasing the permissions necessary to access it.

Then, “monitor employee accounts for unusual activity like large or rapid downloading, printing, or emailing of data. There is rarely a legitimate business purpose for large-scale transfers of data,” he said.

“Even adding a minor speed bump can help limit the risk,” Bombard said. “For example, implementing a system where employees have to get approval before using file sharing websites, downloading significant amounts of data, or accessing particularly sensitive information.”

Lastly—and this might be difficult in a rapid scale-up of a remote workplace—make sure all employees have appropriate non-disclosure agreements in place and receive training on the proper handling of confidential information. Employees should be regularly reminded of the company’s policies for protecting its data and the consequences for failing to do so.

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To read the full article, visit the Compliance Week website.

March 12, 2020March 16, 2020 by Duane Morris

U.S. Prison Population Has Unique Risk from Coronavirus

As businesses and governments scramble to contain the coronavirus pandemic (“COVID-19”), one segment of society is uniquely vulnerable: the prison population. Poor hygiene, limited medical resources, overcrowding, and prohibitions on over-the-counter medical supplies such as hand sanitizer make corrections facilities and immigration processing centers very susceptible to the disease. It presents a serious threat to the prison system and could quickly escalate into a disaster if immediate steps are not taken.

To read the full text of this blog post by Jovalin Dedaj, please visit the Duane Morris White-Collar Criminal Defense Blog.

March 12, 2020August 31, 2020 by Duane Morris

In Response to COVID-19, FDA Postpones Foreign Inspections Through April

FDA announced on March 10, 2020, that the agency is postponing most foreign inspections through April, effective immediately. FDA will consider whether to conduct inspections outside the U.S. deemed mission-critical on a case-by-case basis.

Postponing foreign inspection will likely delay product application reviews that require facility inspections. FDA has committed to trying to mitigate any potential impact that the COVID-19 outbreak and suspension of foreign inspections may have regarding FDA action on product applications. The extent of that impact will likely depend on how soon foreign inspections can resume and the resources, including personnel, available to FDA once they resume.

To read the full text of this Duane Morris Alert, please visit the firm website.

March 12, 2020September 1, 2020 by Duane Morris

U.S. Dept. of Education Issues COVID-19 Guidance to Schools

Due to the outbreak of coronavirus (COVID-19), the Centers for Disease Control and Prevention recommends that institutions of higher education consider postponing or canceling upcoming study abroad or foreign exchange programs. However, this advice has raised pressing questions about how this would affect Title IV, Higher Education Act (HEA) federal financial aid and a student’s ability to finish the term if a program is interrupted or canceled. In response, on March 5, 2020, the U.S. Department of Education’s office of Federal Student Aid (FSA) offered guidance permitting temporary flexibility and clarifying how higher education institutions can continue to comply with Title IV regulations for students whose activities are impacted by COVID-19.

To read the full text of this Duane Morris Alert, please visit the firm website.

March 12, 2020August 31, 2020 by Duane Morris

Is It Allergies or COVID-19?

Allergy season is here. And so is the coronavirus outbreak, which the World Health Organization declared a global pandemic March 11.

How can employers tell the difference between allergies and COVID-19, and when should they send sick workers home?

While the symptoms of hay fever include sneezing, runny or stuffy nose, and itchy eyes, according to the Mayo Clinic, the symptoms of coronavirus include fever, cough and shortness of breath, according to the Centers for Disease Control and Prevention (CDC). Hay fever also can cause coughing, according to Harvard Medical School’s Harvard Health Publishing.

The possibility that employees may only have—or claim they only have—allergies may make sending them home more contentious. But experts say you may need to err on the side of caution and send sick employees home.

‘Hard Judgment Calls’

Allergies are “hard judgment calls,” said Jonathan Segal, an attorney with Duane Morris in Philadelphia and New York City. Employers should talk with their workers, encourage them to be honest and, if employers don’t trust what they are saying, insist on some verification.

Bear in mind, though, that in a pandemic, medical verification may not be possible. The CDC is asking employers not to overburden the health care system by asking workers to show them doctors’ notes.

“It’s not horrible to say, ‘go home for the day,’” especially if you pay the person for the day, Segal said. Employers should be sending the message anyway that if employees are sick, then they should stay home, according to the CDC.

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Approval Requirement

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Requiring HR to approve the order to send someone home ensures managers are not engaged in conscious or implicit bias, Segal said. For example, if an Asian American who coughs is sent home but a white employee isn’t, that may be conscious or implicit bias.

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To read the full article, visit the SHRM website.

March 12, 2020August 31, 2020 by Duane Morris

Three Things Employers Should Do Now in Face of the Pandemic

Gregory Bombard, a Boston-based partner at law firm Duane Morris LLP, recommends employers don’t wait until an employee has coronavirus to figure out what to do about it.

“Waiting until one of your employees is diagnosed with coronavirus or gets quarantined is not the best possible strategy that you could put in place,” Bombard said. “You want to be getting a plan in place today, so that when that happens, you know what to do.”

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Bombard is a member of a group of 15 lawyers the firm has made available to answer questions related to the coronavirus from their clients, from an employment and health law standpoint. Here are the top three things he recommends employers and their HR departments do now.

Have an action plan in place. Health and safety should be the primary motivating factors of any decision, which should be promptly communicated to employees. The plan should answer questions like, “How to determine whether an employee is at risk” and “Under which circumstances might employees be asked not to come to the office.”

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Have a senior level manager in charge of travel decisions. “One thing we’re recommending is that every business, to the extent feasible, appoints a senior level management employee to be what you could call a ‘travel czar’ — somebody who’s going to make the decisions about whether business travel is necessary and safe,” Bombard said.

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Make sure your employees have the tools to work remotely. When possible, employers should encourage work from home, or flexible work arrangements. “I mean, it’s just a good business idea. You keep your employees happy, you keep the potential risk of spreading the infection down,” Bombard said. With one warning: “You want to be ensuring that decisions about who can work from home and when are being made in an objective way — another reason to have a plan in place ahead of time,” he added.

To read the full article, please visit the Boston Business Journal website (subscription required).

March 11, 2020September 4, 2020 by Duane Morris

Update on Recent Travel Proclamations in Wake of Coronavirus (COVID-19)

On February 29, 2020, President Trump signed an additional presidential proclamation banning entry of all foreign nationals who have visited Iran during the 14-day period preceding attempted entry into the United States. This same ban has been in effect for China since January 31, 2020.

To read the full text of this Duane Morris Alert, please visit the firm website.

March 11, 2020August 31, 2020 by Duane Morris

Coronavirus Testing—Issues for Employers Reaching for Thermometer

By Jonathan Segal

Employers need to apply a measured approach to the new coronavirus. Some employers are considering measuring the temperatures of their employees before they report to work, since a fever may be a symptom of the coronavirus.

The Centers for Disease Control and Prevention defines a fever as 100.4°F/38°C or higher.

The following is a checklist of some of the more salient issues employers need to consider in determining whether to temperature test their employees. Continue reading “Coronavirus Testing—Issues for Employers Reaching for Thermometer”