Publications & Interviews

  • April 2020

    COVID-19 Alert #8 - Force Majeure

    Contract terms that indicate that COVID-19 would qualify as a force majeure event are references to a “pandemic,“ “epidemic“ and/or “disease.“ Alternatively, if the force majeure provision does not contain specific disease references, other more generic catch-all provisions pertaining to “disasters,“ “acts of God,“ “national emergencies,“ “government regulations“ or “acts beyond the control of the parties“ may be asserted to allege that COVID-19 is indeed a force majeure event.
  • March 2020

    COVID-19 Alert #7 - Three CCPA Implications of Business Screening for COVID-19

    1) Covered businesses taking employees’ temperatures, or requiring customers or employees to report COVID-19 symptoms must provide an appropriate privacy notice at or before the point of collection.
    2) Collecting such data may ultimately require the business to update its public-facing privacy policy, which must disclose all categories of personal information collected within the past 12 months.
    3) Collecting biometric data (such as body temperature) and other personal health information exposes the business to a greater risk of being sued in the event of a data breach. Plan to restrict access, limit retention, and securely dispose of the data once it’s no longer needed.
  • March 2020

    COVID-19 Alert #6 - The CARES Act: Businesses in the Middle Market Face Uncertainty

    While Title IV of the CARES Act, signed by the President on March 27, 2020, urges the Secretary of the Treasury to utilize a portion of $454 Billion of funding to support loans to businesses with 500-10,000 employees, how exactly companies will qualify for such loans – particularly those in industries that are not immediately impacted by COVID-19 social distancing – is not made clear. Boards of Directors are required to make critical decisions about the likelihood of receiving CARES Act relief with limited guidance. Private equity firms, when their aggregate ownership of companies creates 500+ employee businesses, face similar challenges.
  • March 2020

    COVID-19 Alert #5 - Federal Stimulus Package

    The Senate passed the ‘‘Coronavirus Aid, Relief, and Economic Security Act’’ or the ‘‘CARES Act’’ on March 25, 2020. The bill will now go back to the House and is expected to be signed by President Trump by Friday, March 27, 2020. The bill provides for direct cash payments for qualifying individuals. It also greatly expands the duration of, total amount of, and types of individuals qualified for unemployment. It also expands aid for small businesses. Below are some of the highlights of the CARES Act and how it may benefit your business.
  • March 2020

    COVID-19 Alert #4 - DOL Issues Guidance on Employer Paid Leave Requirements Model Notices Available

    The U.S. Department of Labor (DOL) continues to gradually roll out guidance to the Families First Coronavirus Response Act (additional paid sick leave) and the paid expanded FMLA provisions. Stradling will continue to monitor these developments and provide clients with up to date information.
  • March 2020

    COVID-19 Alert #3 - California’s Statewide Stay At Home Order and Other Updates

    Stradling continues to monitor developments related to the COVID-19 pandemic and provide guidance to clients during these challenging times. The most important issue discussed in this Alert is the statewide “stay at home” Executive Order issued by Governor Newsom last night.

    In addition, while many businesses are shut down as a consequence of the Executive Order, this Alert provides further guidance for those still operating. Covered in this Alert is an update highlighting new guidance from the EEOC on monitoring employee temperatures and additional information on the recently enacted Families First Coronavirus Response Act, including how tax credits will work.
  • March 2020

    COVID-19 Alert #2 - Federal Paid Sick Leave Passed By The Senate California Suspends WARN Act Orange County Reigns In Shelter-In-Place Order

    Developments around the COVID-19 pandemic continue to move fast and significant changes in the relevant laws continue to evolve. This Client Alert covers three recent developments, including the passage by the United States Senate of the Families First Coronavirus Response Act, California’s temporary suspension of the California WARN Act, and significant softening of the Orange County Public Health shelter-in-place regulations. As always, we encourage you to reach out to any member of team listed at the end of this Alert with any questions you may have on these fast moving topics.
  • March 2020

    COVID-19 Alert #1 - Employment Update

    Below is a summary of questions and issues that our clients have been dealing with in response to COVID-19. This Alert cannot address all COVID-19 issues as the circumstances of each company vary and the situation continues to evolve. Stradling has a multi-disciplinary group of attorneys ready to respond to your needs and we encourage you to reach out if you have any questions or are looking for guidance on these developing issues.
  • March 2020

    Client Alert - Stradling’s Business Continuity & COVID-19 Update

    The coronavirus pandemic continues to evolve at a rapid pace. We understand that this is a difficult and unsettling time for our clients and colleagues. In response to new guidance issued by government authorities encouraging social distancing in an effort to reduce rates of transmission of the virus, Stradling is implementing an optional work-from-home program in all of our offices starting Tuesday, March 17. We believe taking this step will keep our people safe while maximizing our ability to service our clients’ needs.
  • January 2020

    Private Briefing: Anixter Battle Highlights PE’s Growing Clout

    Jeff Kateman, a shareholder in Stradling’s Corporate practice group, was quoted in an article published by TheStreet, “Private Briefing: Anixter Battle Highlights PE’s Growing Clout.” Fueled by dry powder and frothy deal prices in private markets, more PE firms are wading into higher-profile take-private contests against strategics and taking the fight into the final rounds. Strategic players can extract more synergies with a company that’s already in their business.