What General Counsel Need to Contemplate as Businesses Reopen

The Business & Practice First Move will not publish May 25 in observance of Memorial Day. We will resume May 26.

The Covid-19 pandemic is forcing in-house counsel to ask themselves questions that seemed unfathomable months ago as they oversee employees returning to the workplace. Should they take employees’ temperatures? What’s the legal risk? How much immunity could the business face from liability suits?

New Guidebook: Bloomberg Law has put together the General Counsel’s Guide to Reopening to help in-house lawyers think about these sorts of questions as they consider how best to resume operations.

Expert Advice: The guide includes tips from top-notch law firms and Bloomberg Law’s own in-house experts on issues related to reconfigured workspaces, employee benefits, liability, litigation, insurance, and corporate governance.

Was this email forwarded to you? Subscribe to our Business & Practice newsletter and get the best of our content delivered to your Inbox every morning.

DAILY BRIEF

Law Firms

Leading Questions: Perkins Coie’s Medway, Pro Bono & Pro Barre
Seattle-based Leah Medway has served as Perkins Coie’s pro bono counsel for 11 years. In that position, Medway supervises associates’ pro bono work, recruits volunteers, creates new projects, and engages in pro bono work on behalf of firm clients.

Covington & Burling Hires Its First Chief Diversity Officer
Covington & Burling has hired Marlene Aquino, former head of diversity at Booz Allen Hamilton, as its first chief diversity and inclusion officer.

In-House

Wall Street’s New Watchdog Is Ex-Fannie Lawyer With Mnuchin Ties
A former Fannie Mae lawyer and business associate of Treasury Secretary Steven Mnuchin is ascending to the top of one of Wall Street banks’ main regulators.

The RealReal Shakes Up Legal Group Nearly Year After Big IPO
The RealReal Inc., an online reseller of high-end goods, has a new top in-house lawyer almost a year after raising $300 million in its stock market debut.

Also in the News

Follow Bloomberg Law’s global coverage of the coronavirus pandemic on our Coronavirus Outbreak channel, and track the latest changes in the federal court operations with our interactive map.

WAKE-UP CALL

Uber Lays Off Legal Staff as Virus Batters Business
In today’s column, Pharma giant GlaxoSmithKline poached the top lawyer at education publisher Pearson; electric car company Lucid Motors snagged a top lawyer from its big rival, Tesla; most of President Trump’s re-election campaign spending in April went to a boutique known for libel actions against media; the College of William & Mary’s law school hired an African-American dean, the university’s first; Burford Capital released a new survey report on gender diversity in the legal profession; the suspended chief legal officer of the U.S. Soccer Federation has resigned.

BLOOMBERG LAW ANALYSIS

ANALYSIS: Flurry of DOJ Business Review Letters Breaks Trend
Since the Covid-19 crisis began, the Department of Justice’s antitrust division has issued more business review letters than it had previously issued during the entire Trump administration.

PRACTITIONER INSIGHTS

INSIGHT: Zooming and Attorney-Client Privilege
The use of videoconferencing like Zoom is skyrocketing during the coronavirus pandemic, but the legal profession must keep in mind the accompanying risks to the privacy of client data and attorney-client privilege, Jenner & Block attorneys write. They examine common videoconferencing practices and pitfalls of that could lead to waivers of attorney-client privilege.

INSIGHT: The ‘Bridgegate’ Ruling Has Implications for Covid-19 Fraud
The U.S. Supreme Court’s recent ruling tossing the convictions in the “Bridgegate” scandal adds to a line of high court decisions narrowing the reach of federal corruption laws, writes Jones Day partner Yaakov Roth, who argued the case for one of the defendants. He says the ruling is especially timely given the vast government spending in response to Covid-19 and the inevitable allegations of fraud that may lead prosecutors to overreach.

INSIGHT: Will AI Increase or Decrease Power Grid Efficiency?
Many believe greater computer power will mean lower carbon emissions, but Boston University Institute for Sustainable Energy’s Peter Fox-Penner says advances in technology like 5G, autonomous vehicles, and artificial intelligence may increase total power demand when our country is moving toward decarbonization.

INSIGHT: Covid-19 Unemployment Highlights ACA Medicaid Expansion Needs
The pandemic has led millions of Americans to unemployment and the loss of their health-care coverage. Mintz, Levin, Cohn, Ferris, Glovsky and Popeo attorneys say the staggering increase in the unemployment rate poses serious risks and emphasizes the Affordable Care Act’s measures to increase coverage.

INSIGHT: Virginia Overhauls Anti-Discrimination Laws—Could Other States Follow?
Effective July 1, it will be illegal for Virginia employers to discriminate on the basis of sexual orientation, gender identity, and veteran status, making Virginia the first Southern state to enact anti-discrimination protections for LGBTQ+ workers. Morgan Lewis attorneys say the anticipated increase in state court litigation may be particularly impactful because of severe procedural limitations on Virginia’s summary-judgment process and predict other states may follow.

INSIGHT: EPA Allows Delayed Cleanup Work During Pandemic
The EPA recently released guidance on delaying work at cleanup sites during the pandemic. Arnold & Porter’s Lauren Daniel digs into the guidance and discusses when the agency will consider delays reasonable.

WORKFLOWS

Ice Miller is joining forces with former senior White House official Michael McKenna, President of MWR Strategies, to expand its advocacy, communications and policy capabilities | Duane Morris has promoted four associates to special counsel – David A. Kahn (Miami), Heather N. King (Baltimore), and Stuart I. Seiden and Gretchen L. Temeles, Ph.D. (both in Philadelphia) | Global firm HFW has strengthened its Middle East construction practice with the hire of Maria Deus in Abu Dhabi, and the relocation of Kijong Nam from London to Dubai | Dentons Kensington Swan (New Zealand) appointed partner Charlotte Parkhill as Board Chair of the Auckland Business Chamber.

If you haven’t already, be sure to follow Bloomberg Law on Twitter, Flipboard, LinkedIn, Reddit, Facebook and Telegram.