To our clients and community:

We know you are beginning to experience the serious challenges of the COVID-19 outbreak that has taken hold around the world. As you begin to deal with the business and legal implications of this crisis, Hopkins & Carley is here to help. 

The Hopkins & Carley Coronavirus Task Force includes attorneys from: Employment, Corporate & Data Privacy, Real Estate, Financial Institutions/Creditors Rights, and Litigation. We stand ready to advise clients on the myriad of legal and business issues affecting companies and individuals around the Bay Area. For more information, please reach out to any Hopkins & Carley attorney or one of the contacts listed below.

Some of the legal and business considerations H&C can assist with include:

Employment
Contact Dan Pyne at dpyne@hopkinscarley.com

  • Interpretation of local shelter-in-place orders (including meaning of “Essential Business”, and “Minimum Basic Operations”)
  • Interpretation of proposed federal legislation
  • Application of existing sick leave, FMLA and other leave laws
  • Furlough and reduction in force issues
  • Notice of exposure to COVID-19/privacy issues

Corporate/Data Privacy
Contact Brendan Lund at blund@hopkinscarley.com

  • Contract interpretation & compliance
  • force majeure provisions
  • managing production and supply chain issues
  • complying with performance obligations and providing necessary warranties and other assurances
  • Consumer messaging parameters in consideration of the CAN-SPAM Act and the TCPA
  • Notifications to shareholders of material changes in company performance
  • Required notifications to parties regarding financial conditions in financing agreements and other contracts
  • Convening the board for adoption of policies that may be material to the operation or existence of the business
  • Fund manager responsibilities and duties to investors
  • Company and acquirer considerations in M&A transactions

Real Estate
Contact Lisa Stalteri at lstalteri@hopkinscarley.com

  • Lease interpretation/force majeure/rent abatement
  • Interruptions to real estate purchase & sale transactions
  • Compliance with existing environmental orders or requirements, such as vapor intrusion mitigation measures
  • 1031 exchange deadlines
  • Construction contract interpretation
  • Property management issues/building operations during shutdowns

Financial Institutions/Creditors Rights
Contact Ross Adler at radler@hopkinscarley.com

  • Implications of force majeure provisions to excuse non-performance 
  • Analysis and strategy in anticipation of bankruptcy filings or ABCs as debtors struggle with lost business/revenue
  • Preparation to exercise rights in collateral
  • Working with borrowers to get current reporting on cash-flow and aging receivables and liabilities
  • Assessment of conditions for claims on guaranties or third party support/investor agreements
  • SBA disaster loan program
  • Impact of the recently-enacted rules regarding evictions

We remain committed to supporting our clients and providing excellent client service and practical advice during this difficult time. Above all, we wish health and safety to you, your colleagues, and your families