Getting Back to Business

Important Update: Remote Work

Under Governor Gretchen Whitmer’s Executive Order 2020-160, any work that is capable of being performed remotely (i.e. without the worker leaving his or her home or place of residence) must be performed remotely. Additional information on the order can be found here. On August 5, 2020, Governor Whitmer issued Executive Order 2020-162. Governor Whitmer amended Executive Order 2020-160, to clarify that the “must be performed remotely” requirement does not apply to Regions 6 and 8. In Regions 6 and 8, work that was capable of being performed remotely should be performed remotely. Read the firm’s recent eAlert titled “State of Michigan Slows Down Reopening” that addresses this and many other updates to the executive orders and reopening of the state.

As the world addresses COVID-19, we are continuously challenged to adapt to our present circumstances and regulatory environment. While we are implementing workplace safeguards and changing our personal and professional lives, we need to be thinking about what comes next. Thoughtful planning to lessen the impact of COVID-19 on our businesses, families and communities can help us be more prepared to respond.

Warner has an interdisciplinary team of attorneys thinking critically about the changes prompted by this novel coronavirus. As we counsel our clients and help them prepare and respond to what may come, we have developed an array of specific tools and other resources, a few of which are highlighted below. We encourage you to review this information, read the business and legal insights from our attorneys, and contact a Warner attorney to discuss your particular legal needs. You can also have updates delivered directly to your inbox by sending your email address to covid@wnj.com.

Upcoming Webinars Q & A Archive Related eAlerts and Webinars

Business Operations Labor and Employment Paycheck Protection Program Litigation and Dispute Resolution Government Affairs Bankruptcy Tax Real Estate

Business Operations - How do you turn overwhelming business and operational challenges into growth and opportunity?

Over the last three months, many businesses have been asking themselves this very question. With much uncertainty regarding the U.S. and global economies returning to something that resembles “normal,” it is important to have a resource to turn to for questions and guidance about:

Compliance with federal and state mandates
Compliance with the Coronavirus Aid, Relief and Economic Security Act (CARES Act)
Facility operations and safety procedures
Prioritizing and managing clients, suppliers and employees
Operations best practices

Throughout the COVID-19 pandemic, Warner attorneys have provided counsel, guidance and representation to our clients, and we remain focused on helping you get back to business. Connect with one of our attorneys to learn more.

Labor and Employment - Is your response and reopening plan protecting the safety of your workers, your customers and your business?

Executive orders regarding COVID-19 reopening issues have provided guidance for businesses. How is your business managing through the ever-changing regulations? Our attorneys can provide guidance on these labor and employment issues and advise on what to prepare for next. Contact Jon Kok or any member of the Labor and Employment Practice Group.

Paycheck Protection Program - Has your business applied for and received a loan through the SBA’s Paycheck Protection Program (PPP), and now you have questions regarding the loan payback or forgiveness obligations?

Then you are among the many businesses that are seeking answers to these questions and more. Warner’s attorneys have interpreted and followed the PPP loan requirements from beginning to end. We are here to answer any question you may have regarding the terms of your loan, how the proceeds must be utilized and what criteria you have to reach in order to qualify for loan forgiveness. To learn more, connect with a member of our PPP team: Ford Turrell, Rob Davies or Matt Crowe.

Litigation and Dispute Resolution - As commercial, regulatory and legal implications persist, does your company understand how to mitigate your litigation risk?

As companies transition their business operations and workforce from a phased to full reopening, it is evident that the impact of the pandemic shutdown has increased both state and federal litigation. These cases represent the first wave in a likely continuance of related legal and operational liabilities that organizations will need to navigate across areas including:

Warner's litigation attorneys are working with clients proactively to develop plans and strategies that may help mitigate an organization's risk. Contact Michael Brady or your Warner attorney from the Litigation and Dispute Resolution Practice Group to learn more.

Government Affairs - As Michigan reopens its businesses and returns to the workplace, does your organization have a comprehensive understanding of the laws to remain compliant?

Throughout the COVID-19 crisis, federal, state and local directives impacting businesses have created uncertainty and will continue to change and evolve in the coming months and years. Warner continues to stay ahead of the curve with insight and guidance related to the ongoing and emerging governmental directives, with a focus on helping your business navigate this continually changing environment. Connect with Warner’s Government Affairs Practice Group attorneys or Troy Cumings or Monique Field-Foster for questions or strategies related to your specific industry.

Bankruptcy - How is your business addressing contract performance, supply chain issues and cash flow?

Businesses, suppliers and customers are managing the financial strain resulting from the COVID-19 disruptions. Warner’s attorneys are experienced at analyzing and counseling how to best position your company when faced with insolvency or restructuring issues – whether your company is facing financial distress or whether it’s your customers or suppliers that are dealing with financial trouble.

While the Paycheck Protection Program (PPP) loans may have masked the actual financial health of businesses and the COVID-19 issues continue to linger, we anticipate increased activity in bankruptcy filings. If you are interested in speaking with an attorney about your full range of options when dealing with financial distress (either your company or your customers or suppliers), please contact your Warner attorney or an attorney from the firm’s Bankruptcy, Restructuring and Insolvency Law Practice Group.

Tax - Where do you turn for accurate tax advice and representation?

Our attorneys can provide guidance on revised tax filing and payment due dates, payroll tax reporting, CARES Act tax relief provisions, employer tax credits, and opportunity funds and investments, among other business tax issues, and advise you on what to prepare for next. Keeping up with the IRS and state tax authorities has become a full-time job during the COVID-19 pandemic, leaving business owners and employers overwhelmed with information, requirements and new deadlines.

The Tax Law attorneys at Warner are here to help answer any tax-related questions and steer you towards the right tax solution and opportunities for you and your business. Connect with Sean Cook or one of our Tax Law Practice Group attorneys today to learn more.

Real Estate - Are you confident that your commercial real estate properties are structured appropriately?

Warner has helped our clients negotiate COVID-19 related “blend and extend” lease amendments, as well as lease terminations, and we are familiar with the various ways in which such transactions have come to be structured. We have also assisted commercial landlords and tenants in navigating the challenges presented by COVID-related lease defaults. Warner regularly represents commercial parties in lease disputes, and is well-versed in eviction and collections procedures, as well as less commonly raised remedies like declaratory and injunctive relief.

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