Free For All, or All For One? The Medical Supply Chain and COVID-19

This post is being published for The Trade Practitioner as part of a content partnership with our Global Supply Chain Law Blog. Please contact Kristina Arianina and Ketan M. Ganase with any questions. 

The impact of the COVID-19 pandemic on the global economy needs not restating. The saying “desperate times call for desperate measures” fits the current environment well. Governments throughout the world have instituted or are considering unprecedented measures to keep up with the demand for the medical products necessary to combat COVID-19. Continue Reading

Coronavirus COVID-19 – Italy Rachets Up

What Has Changed?

Up to now, European Governments have followed an approach to tackling Coronavirus Disease 2019 (COVID-19) based on three main elements: closing down the main public interactions (retail, hospitality, sports) except those necessary for food and healthcare; encouraging/requiring people to work remotely where they can, and to stay away from work if not essential; and social distancing/ staying at home. Within these parameters, everyone else – in practice a significant proportion of the economy – could continue their activities. Continue Reading

Coronvirus COVID-19 – Are You An Essential US Business?

This post is being published for The Trade Practitioner as part of a content partnership with the Global Supply Chain Law Blog. Please contact Sarah Rathke with any questions. 

This week, we anticipate that states and municipalities will likely issue a number of “stay-at-home orders” that will require the temporary closure of businesses not deemed “essential.”  Ohio just put such an order in place, for example.  Unfortunately, to date, the direction to stay at home is not being directed by the federal government or in a uniform manner, but rather is being directed by state and municipal governments and piecemeal.  The various stay-at-home orders have nuances and must be read individually.

Also, determining whether and to what extent a business’ functions are essential needs to be done on a product-by-product and customer-by-customer basis.  For instance, a company that supplies to both automotive OEMs and to the telecommunications industry may well be categorized as “non-essential” as it relates to the automotive business, but “essential” as it relates to the telecommunications business.  Companies supplying to end-uses that are essential are advised to seek confirmation of that fact from their customers in writing.

Finally, on March 19, 2019, the U.S. Department of Homeland Security, Cybersecurity & Infrastructure Security Agency (CISA) issued a “Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response.”  This Memorandum has been incorporated into a number of stay-at-home orders, but not always in a clear manner.  Unfortunately, the CISA website provides a definition of essential businesses that was adopted for other purposes and that does not apply to our current situation – and which has caused significant confusion.  The correct CISA guidance memo is located here.

If you are interested in the definition of “essential business” from an European perspective, see our colleague Matthew Kirk’s analysis here

We are uniquely positioned – on substance and strategic locations around the world – to provide practical advice and support services. For additional information, guidelines, advisories and resources, please visit our Coronavirus COVID-19 resource hub.

Coronavirus Disease 2019 (COVID-19) Economic Relief Opportunities for Small Businesses

This post is being published for The Trade Practitioner as part of content partnership with our Public Policy Practice. Please contact Jack Kingston, Jack Deschauer and Pablo Carrillo with any questions. 

Congress and the Trump Administration are working to pass billions of dollars in economic relief for small businesses affected by the novel COVID-19, commonly known as the “coronavirus.” In addition, the Small Business Administration (SBA) has issued revised guidelines to begin issuing economic injury disaster loans to small businesses in affected states. This memorandum provides an overview of existing assistance opportunities, as well as a summary of provisions being negotiated by Congress and the Trump Administration. Continue Reading

US Officials Finalize Passenger Travel Restrictions in Response to COVID-19

Effective at 11:59 p.m. EDT on Friday, March 20, 2020 the United States limited non-essential travel across its northern and southern borders through April 20, 2020.

The decision comes following negotiations with Canada and Mexico in response to the spread of the Coronavirus Disease 2019 (COVID-19).  The restrictions target passengers, not cargo.  Administration officials continue to emphasize that the borders remain open for transiting goods, listing “individuals in lawful cross-border trade” (like truck drivers moving cargo) as essential.  While US Customs and Border Protection does not anticipate delays at the border due to this change in policy, some of the agency’s workforce have been diagnosed with COVID-19 or are in quarantine, suggesting staffing issues could become a concern in the future.

Please contact Frank SamolisLudmilla KasulkeStacy Swanson and Rory Murphy with any questions. 

We are uniquely positioned – on substance and strategic locations around the world – to provide practical advice and support services. For additional information, guidelines, advisories and resources, please visit our Coronavirus COVID-19 resource hub.

Coronavirus COVID-19 – Defense Production Act (DPA) and Defense Priorities and Allocations System (DPAS) – Substance and Process

On March 18, 2020, President Trump issued an Executive Order on prioritizing and allocating health and medical resources to respond to the spread of COVID-19 in the US, citing the Defense Production Act of 1950 (DPA), as amended (50 U.S.C. 4501 et seq.). Continue Reading

Coronavirus Disease 2019 (COVID-19) – Legal Issues in Spain

This post is being published for The Trade Practitioner as part of a content partnership with our Madrid office. Please contact José María Viñals with any questions. 

Spain is the second most affected country in Europe in relation to the coronavirus disease 2019 (COVID-19), with an increasing number of people becoming infected.

Click on the thumbnail below to find a summary of the main legal issues to have in mind, key to the development of business activities in Spain, along with some recommendations that we suggest for companies for the performance of their activity in the current environment.

We are uniquely positioned – on substance and strategic locations around the world – to provide practical advice and support services. For additional information, guidelines, advisories and resources, please visit our Coronavirus COVID-19 resource hub.

COVID-19 – How Do I Know If What I Do Is An Essential Service

This post is being published for The Trade Practitioner as part of a content partnership with our International Policy Practice. Please contact Matthew Kirk with any questions. 

 

We are being asked with increasing frequency by companies whether, in the context of coronavirus disease 2019 (COVID-19) lockdowns, their business counts as an “essential service”. This post gives a little background to what we see of governments’ approaches to this question so far, and suggests an approach companies and organisations can use to navigate this issue. Continue Reading

Coronavirus and Trade – US Perspective; What Comes Next?

Updated on March 19, 2020

The coronavirus outbreak has caused severe, but widely varying disruptions across the US economy, including increased consumer demand of particular goods, reduced production due to lack of key inputs from abroad or quarantined employees, and dramatic US stock market drops responding to unprecedented levels of uncertainty.  Continue Reading

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