Navigating the New Normal
The global business community is grappling with a viral pandemic, economic volatility, and political uncertainty. We also are working together to address deep-seated racial inequality. Across industries and geographic regions, our attorneys are assisting clients as they overcome challenge, improve workplaces, manage risk, and leverage opportunity.
We are helping them strike the essential balance between safety and a return to full productivity, comply with shifting compliance and enforcement measures, explore funding and cost-savings options, and investigate the integrity of business structures.
We're optimistic about the future and ready to help clients to weather crisis and uncertainty and emerge strong and successful. See below for more information.
Ballard Spahr lawyers have played leading roles in some of the largest and most complex Chapter 11 cases of the last 30 years. We handle cases across virtually every major American industry—retail, aviation, housing and construction, energy, shipping, health care, automotive, entertainment, finance, and telecommunications.
Our attorneys represent creditors, creditors’ committees, and debtors—perspective that helps us see all sides of the equation. We represent clients in large-scale corporate restructurings, Chapter 9 municipal insolvencies, refinancings, asset acquisitions and dispositions, recapitalizations, and insolvency-related litigation.
We advise on the restructuring and redevelopment of distressed real estate projects and pooled mortgage loans on behalf of master and special servicers and others. And Ballard Spahr is one of the only firms in the country to have a leading national practice representing landlords in Chapter 11 cases.
This is a period of unprecedented challenge and uncertainty. We’re equipped to help you stake the best possible position to meet your long- and short-term goals.
Bankruptcy and Restructuring | Finance | Real Estate Finance | Distressed Real Estate | Commercial Finance | Commercial Loan Servicing | Public Finance | Real Estate | Real Estate and Construction Litigation | Employee Benefits and Executive Compensation | Municipal Recovery
Depressed asset values can present opportunities to invest – across industries and asset classes. We advise on troubled asset acquisitions, distressed loan purchases, rescue capital transactions, and similar investments.
We represent investors, financial institutions, buyers, and sellers in the purchase or sale of assets in bankruptcy as well as strategic investing and lending into distressed situations. We advise on marketing and auction processes, and counsel clients on sales through Section 363 of the Bankruptcy Code.
Our record of successful transactions—on the buy and sell side—spans investments in manufacturing facilities, energy and utilities, health care, technology, financial services systems, real estate projects, loan portfolios, and municipal assets. With nationally recognized real estate, REITs, and hospitality practices, we are particularly well-suited to handle investments in distressed property assets.
Distressed Real Estate | Energy | REITs | Mergers and Acquisitions | Private Equity | Emerging Companies and Venture Capital | P3/Infrastructure | Investment Management | Mortgage Banking | Retail and Fashion | Resort, Hospitality, and Timeshare | Manufacturing | Commercial Loan Servicing | Owner-Managed and Closely Held Businesses
Questions abound for employers who want to resume or expand operations, reopen facilities, or return employees from furloughs or layoffs. We’re advising on unemployment and leave compensation, requests for accommodations, tax credits and considerations, immigration, government loans and aid programs, payroll issues, safety mandates, and insurance issues.
COVID-19 has had a huge impact on employee compensation and benefits. We’re counseling clients on compliance issues, options for health and retirement plans and packages, benefits funding, and disputes with service providers.
We’re also talking with clients about workplace safety and productivity issues that existed long before the pandemic emerged—and require sustained attention. We help clients develop and implement diversity and inclusion programs and advise on matters involving misconduct and discrimination.
On the litigation front, we are helping schools, governments, and businesses prevent and respond to lawsuits stemming from the decision to resume—or not resume—onsite operations. We have extensive experience in ERISA litigation, including counseling on breaches of duty, cutbacks in pension and retiree health and welfare benefits, cash balance pension plan conversions, and withdrawal liability.
At a time when layoffs and salary reductions are common, we’re helping companies secure their valuable trade secrets, avoid antitrust violations such as price gouging or collusion, and recoup losses stemming from competitors engaging in anti-competitive activity.
COVID-19 Resource Center
Visit the Labor and Employment section for an array of helpful materials for employers, including return-to-work and other checklists, sample leave request forms, and sample workplace policies.
Labor and Employment | Employee Benefits and Executive Compensation | Accessibility | Diversity, Equity and Inclusion Counseling | Environment and Natural Resources | Health Care | Insurance | Trade Secrets | Antitrust and Competition | Litigation
The U.S. government is taking a broad range of steps to mitigate the economic disruption caused by COVID-19. Congress passed trillions of dollars in fiscal programs, and the Federal Reserve has added trillions of dollars in monetary stimulus.
We help clients make the most of available stimulus measures—from leveraging interest rate cuts and accessing loans or asset purchase intervention, to navigating regulatory changes. And we work directly with policy makers to effectuate desired outcomes for our clients.
We are advising financial institutions, investors, and businesses on the QE program and other loan and credit facilities. State and local governments turn to us for help accessing funds to combat COVID-19 and addressing cash flow pressures via newly available liquidity programs. And we are guiding small business clients through comprehensive CARES Act and Paycheck Protection Program issues.
When courts fully reopen, a torrent of lawsuits is likely to follow. Our litigators are helping clients mitigate exposure, prepare for the unavoidable, and respond.
We’re guiding public companies through pandemic-related disclosure requirements, corporate governance issues, and shareholder concerns. We are helping businesses of all sizes avoid antitrust and competition pitfalls and prepare for the spate of workplace lawsuits that generally accompany layoffs, furloughs, and salary reductions.
We are litigating construction and development disputes on behalf of real estate owners and investors. Our bankruptcy lawyers are advising clients on all facets of financial distress, both in and outside of formal proceedings, including distressed real estate projects and loans. Education industry clients have retained us to handle issues involving tuition reimbursement. The IP litigation team is enforcing valuable patents, trademarks, copyrights, trade secrets, and licensing agreements.
We also have a robust loss recovery practice that advises on revenue enhancement/ loss recovery opportunities in various contexts, including antitrust, intellectual property, environmental, and general contract and tort law. And companies across industries have retained us to defend them in tax controversies, contract disputes, and against allegations of fraud or misconduct.
We have vast experience with internal and government investigations, direct experience with state and federal regulators, and industry-specific experience that can help drive a successful outcome—whether through trial, advantageous settlement, or pretrial intervention.
Litigation | Antitrust and Competition | Privacy and Data Security | Commercial Litigation | White Collar Defense/Internal Investigations | Securities Enforcement and Corporate Governance Litigation | Labor and Employment | Real Estate and Construction Litigation | Owner-Managed and Closely Held Businesses
Our attorneys are working with clients across industries to get their products and services to the market as quickly as possible while making certain their intellectual assets are protected. One emphasis currently is on patents and licensing arrangements in the life sciences, pharmaceutical, and medical device industries, where our IP professionals are working with clients around the clock to develop and make available virus-fighting tests, treatments, and PPE.
We’re also helping retailers in all channels with trademarks as they look to boost customer connections and sales through enhanced branding and multichannel outreach, and we’re performing due diligence for investors looking to purchase or sell companies with IP assets.
Our lawyers analyze coverage issues for all types of insurance policies – including commercial property, commercial general liability, professional liability, directors and officers, and employment liability. We handle the full scope of business, regulatory, and litigation matters for domestic and international carriers, brokers, and other insurance-related businesses.
Our attorneys also defend insureds at the carriers’ request, assist carriers in claims investigations, and issue opinion letters on the scope of coverage. We also advise clients regarding their rights and obligations under their insurance policies.
We’re a national firm with boots-on-the-ground experience in key metro areas across the country. Our nationally recognized Distressed Real Estate Initiative was in front of the 2008 recession, handling a wide range of loan enforcement matters and helping clients buy and sell individual properties as well as portfolios of distressed assets.
Today, our Distressed Real Estate Team is guiding clients on pandemic-related disruptions and opportunities involving a wide-range of real estate loans, development projects and related transactions. As the coronavirus crisis causes an unprecedented interruption in business and a shake-up of commercial property values, we are advising lenders, investors, servicers, trustees, and others on their rights and on strategies to protect their investments, including with respect to enforcement matters and whether tax appeals may present a valuable opportunity for many companies. Regardless of the situation, we are helping clients formulate the strongest path forward to protect and maximize their investments.
We advocate for commercial landlords and tenants in lease negotiations and modifications. We’re advising landowners, developers, builders, lenders, servicers, investors, buyers, sellers, trustees and receivers on everything from extending development entitlements to handling distressed loans and investments and other finance related issues--and we’re going above and beyond to keep deals and projects moving.
We track federal, state, and local guidance, regulations, and laws, and skillfully apply deep knowledge and experience to advise clients involved with every type of residential, commercial, or industrial property. We also handle distressed asset transactions related to mixed-use developments, hospitality assets, and affordable housing, including partnership disputes and restructurings.
Real Estate Development and Transactions | Construction | Zoning and Land Use | Tax – Real Estate | Housing | Eminent Domain | Distressed Real Estate | Real Estate Finance | Real Estate and Construction Litigation | Resort, Hospitality, and Timeshare | Leasing | Commercial Loan Servicing
Educational institutions face serious pandemic-driven challenges, including potential litigation risks and liability if they reopen – and if they don’t. We advise on public disclosure obligations, health and safety policies and protocols, student housing concerns, and other factors involved in a legally compliant return to campus.
We’re helping colleges and universities begin, resume, or revise construction or infrastructure projects; structure student lending programs; modify use of their endowments; monetize existing assets; and comply with the requirements of government stimulus programs.
Our litigators represent education clients in actions arising from the sudden closing of schools and the need to implement a remote learning environment. And our IP team is guiding universities and tech transfer offices in the development, licensing, and commercialization of pandemic-related vaccines, treatments, and equipment.
Education | Accessibility | Exempt Organizations | Title IX | Commercial Litigation | Labor and Employment | White Collar Defense/Internal Investigations | Life Sciences and Technology | Intellectual Property | Consumer Financial Services | Housing | Licensing
We have a long history of representing banking and financial services (BFS) industry clients—and helping them navigate market uncertainty and shifting regulatory environments. Our industry-centric team comprises more than 60 attorneys, including dealmakers, advisers, and litigators.
Ballard Spahr’s BFS attorneys are advising clients on matters ranging from strategic mergers and acquisitions, transactional finance (performing and distressed), fintech and payment systems, capital markets, investment banking and market regulation, and regulatory compliance to federal investigations and enforcement, privacy and data security.
Our firm-wide COVID-19 initiative includes a focus on financing issues across industry sectors—including housing and other real estate, energy facilities and other major projects, and general commercial lending—for businesses, public agencies, and public-private partnerships (P3s).
We currently are handling an increasing volume of distressed matters. Our BFS attorneys represent sellers and buyers of distressed debt and their loan sale advisers, with particular experience in resolving issues involving distressed real estate assets. Through the last several market downturns, we have gained valuable experience advising lender and borrower clients as they grapple with borrower insolvency events, including receiverships, foreclosures, bankruptcies, and asset sales.
Consumer Financial Services | Mortgage Banking | Commercial Finance | Securities and Capital Markets | Banking and Financial Services | Real Estate Finance | Finance | Real Estate and Construction Litigation | Commercial Loan Servicing
Our clients are on the front lines, providing care while managing unprecedented operational, regulatory, and financial challenges. We represent a cross section of the industry—from hospitals and long-term care facilities to insurance companies and pharmaceutical manufacturers.
We have handled major hospital bankruptcies and asset sales and regularly advise on workouts, financings, and defaults involving Continuing Care Retirement Centers. We structure strategic M&A transactions and licensing agreements for health care clients, help them tap into government stimulus programs, and guide them through the morass of compliance obligations and benefits issues.
We play quarterback on development of medical centers, advise on agreements with university tech transfer offices, and litigate matters ranging from antitrust and competition disputes to internal investigations, labor issues, HIPAA matters, and cases involving professional liability.
Health Care | Bankruptcy and Restructuring | Exempt Organizations | CCRC Financing and Workouts | Employee Benefits and Executive Compensation | Environment and Natural Resources | Mergers and Acquisitions | Labor and Employment | Intellectual Property | Real Estate | Tax
From brick-and-mortar retail operations that had to remain closed for months, to e-commerce retailers struggling to keep up with demand, to the near-universal challenge of manufacturing and supply chain disruptions, the impact of COVID-19 on consumer goods cannot be understated.
We represent manufacturers, distributors, advertisers, and retailers across the country, and we’re working overtime helping them overcome virus-related obstacles.
Among other things, our tax team is helping clients access incentive programs and revise their strategies. Our national bankruptcy group is one of the few in the country with a practice geared to landlords, as well as tenants. Our litigators are helping renegotiate or enforce contracts, resolve disputes, and address issues related to competition, insurance, and real estate projects and loans. Our intellectual property lawyers are tirelessly protecting brand reputation and innovation.
The attorneys on our payments systems team are helping retailers implement no-touch purchasing strategies and take transactions digital. We advise on labor and employment matters in both union and non-union retail settings, and are helping clients of every size identify funding sources, access and comply with government aid programs, and restructure operations to succeed in this new economy.
Retail and Fashion | Bankruptcy and Restructuring | Business and Transactions | Consumer Financial Services | Finance | Intellectual Property | Labor and Employment | Litigation | Mergers and Acquisitions | Real Estate | Tax
Manufacturing companies have been forced to contend with a range of new and pressing challenges—from evolving regulatory obligations and throughput issues to workplace questions and financing concerns.
Day-to-day issues have become multi-layered. Transactions must be handled differently, and the terms may have changed. Litigation concerns continue. “Business as usual” no longer applies.
Our Manufacturing Group brings together attorneys from numerous practice areas to help clients anticipate and meet those challenges. We’re assisting on issues across industries and throughout the value chain—whether a company is expanding or divesting, refinancing, dealing with supply chain issues, conducting an investigation, or engaged in litigation.
We help municipalities—including major cities—address financial distress caused by increasing costs and demand for public services, declining revenue bases and state funding, and a restrictive regulatory environment in which access to capital has never been more complex.
We are presently pursuing litigation on behalf of indenture trustees in one of the major defaults by a municipality in the United States. Across the country, we are helping municipalities monetize or spin off public assets, renegotiate contracts, navigate new aid programs, and work with state and federal government authorities.
Our bankruptcy attorneys have hands-on experience in some of the nation’s landmark Chapter 9 cases. We understand state and local laws governing distressed municipalities, and their interplay with Chapter 9 of the Federal Bankruptcy Code.
We assist in accessing capital markets, advise on tax issues and incentives, negotiate and arbitrate labor contracts, identify opportunities for cost efficiencies, and negotiate and litigate defaults and remedies. We also guide municipalities on evolving municipal securities disclosure requirements.
Small businesses are among the hardest-hit by this pandemic. Their needs differ from large public corporations, and our multidisciplinary team stands ready to assist.
The team includes lawyers who focus on employee benefits and executive compensation issues, accessing capital or debt relief, succession planning and corporate governance, and transactions.
We are advising on CARES Act and PPP opportunities and compliance, lending programs and credit facilities, inventory and supply chain shortfalls, and safety protocols for customers and staff. We can talk to you about insurance coverage, legal frameworks for communicating sensitive subject matter, changing corporate structure, options for tax relief, and ownership disputes.
We also are helping clients identify and access investment capital and navigate loan programs such as the 7(a) program, Community Advantage, 504 loan program, microloans, export programs, EIDL loan advance, and SBA bridge loans and debt relief.
There are considerable tax considerations brought about by COVID-19 and its effect on the global economy.
We have been working with clients to assist them in understanding and addressing the impact of taxes in the current economy, including recent federal and state tax law changes, loan and lease modifications and workouts, incentive and relief programs, ad valorem tax appeals, and the impact of taxes on mergers and acquisitions and real estate acquisitions and dispositions.
We advise clients on structuring transactions, we provide general tax advice, and we assist clients with routine audits and criminal tax matters. Our tax attorneys maintain excellent, longstanding relationships with tax officials and policymakers at all levels of government.
COVID-19 has changed the way we communicate, make sales and purchases, seek medical care, consummate deals, and manage our business and personal lives. The shift was so sudden, and so absolute, that many businesses neglected to consider significant privacy and data considerations in their scramble to acclimate.
For innovators in the life sciences and technology spaces, this is a period of tremendous opportunity. Emerging companies just forming or bringing new technologies to market are challenged by outsized demand and the need for a serious injection of capital. We’re helping them deal with supply chain issues, intellectual property concerns, and corporate governance matters, and we’re connecting them with investment opportunities.
Retail clients and those in the capital markets are developing, rolling out, or implementing innovative payment systems and accounting technology that allow customers to move money outside of brick-and-mortar facilities and with no-touch safety mechanisms. We’re showing them how to do it safely, efficiently, and in compliance with federal, state, and local compliance requirements.
Sensitive information must be well-protected, according to the law and in keeping with best business practices. We are advising health care and hospital systems, universities, governments, nonprofits, financial services companies, and businesses on how to exchange information and serve clients effectively and without fear their data will fall into the wrong hands. We’re setting up compliance programs, auditing existing data security protocols, and advising on quickly evolving regulatory regimes.
We are advising public companies on setting up secure, virtual shareholder meetings and helping real estate clients with issues related to PropTech. And our Client Value and Innovation professionals are setting up client portals to provide 24/7 access to our teams and the work we generate together.
Life Sciences and Technology | Privacy and Data Security | Blockchain Technology and Cryptocurrency | Consumer Financial Services | Emerging Companies and Venture Capital | Client Value and Innovation | Securities and Capital Markets | Intellectual Property | Patents | Health Care | Trademarks and Copyrights | Intellectual Property Litigation
Ballard Spahr is home to the nation’s preeminent Media and Entertainment practice. We are helping clients across platforms navigate issues related to interruptions and resumption of film and television production and live events, contract disputes, risk management, access to government information, and technical solutions.
We are assisting with employment-related issues, such as those involved in the safe return to work. We are guiding clients on risk management and insurance coverage, helping them identify alternative funding sources or amend credit lines, and advising on leasing or real estate issues related to reopening.
The pandemic has underscored racial inequities at a time of reckoning for the nation, and we are assisting media and entertainment companies—as well as individual authors, journalists, and bloggers—engaged in related First Amendment matters. We are helping clients secure access to health and crime statistics, government investigation data, and police body camera footage.
Insights, News, and Events
- Legal Alert
Stimulus Bill Resolves PPP Loan Deductibilty, Enhances Employee Retention Credits, Provides Other Tax Relief
- Legal Alert
Year-End COVID-19 Considerations for Health and Welfare Plans
- Legal Alert
IRS Confirms Taxpayers Cannot Deduct Expenses Paid With PPP Loans If Forgiveness Is Reasonably Expected