Articles Posted in COVID-19 (Coronavirus)


Pillsbury continues to track the impact on construction projects of COVID-19-related orders and guidance from CISA and in all 50 states and the District of Columbia. We are updating our chart weekly. Click here for the latest COVID-19 Construction Chart.

May 27 update As we pivot toward less shelter in place orders and more reopening orders, more and more states are also issuing guidance for implementing safety measures on construction projects. Pillsbury modified its chart to include a column describing any state-issued guidance and some guidance from large cities. As described in our client alert Safety Measures for Construction Projects During the COVID-19 Pandemic, construction sites will be very different under the “new normal.”

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Over the past few months, construction projects in most states have carried on because construction was deemed essential and projects were exempted from government orders that closed businesses. In the jurisdictions that halted construction operations, state and local authorities are now easing those restrictions and allowing construction to resume. In “Safety Measures for Construction Projects During the COVID-19 Pandemic,” colleagues Laura Bourgeois LoBue and Jose L. Lua-Valencia discuss just how different construction sites will be than they were a few months ago under this new normal.


A recent court order issued as part of an ongoing litigation involving a Manhattan hotel held that a mezzanine lender may proceed with a UCC foreclosure sale of the mezzanine loan collateral despite N.Y.E.O. 202.8, which prevents creditors from initiating judicial foreclosures. In “Distressed Real Estate During COVID-19: New York State Court Order Finds UCC Foreclosures Are Not Suspended by New York E.O. 202.8.,” colleagues Robert J. GradosCaroline A. Harcourt and Jacob A. Axelrod addresses the court’s denial of injunctive relief to the UCC foreclosure and determination that damages were an adequate remedy may have significant effects even after the COVID-19 pandemic, and also to mezzanine borrowers considering their defenses to UCC foreclosure proceedings.


Please join our panel of current and former in-house counsel—with experience spanning a number of industries—as they discuss the issues and opportunities they faced in the course of their own professional journeys, and the strategies that helped them along the way.


Peg Henry, Deputy General Counsel, Stifel Financial

Nicole Islinger, Partner, Pillsbury

Cassie Lentchner, Senior Counsel, Pillsbury

Jorge Medina, Partner, Pillsbury

Seth Weissman, Chief Legal Officer, Marqeta, Inc


Augusto Lima, Partner, Pillsbury

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This week, the Cybersecurity & Infrastructure Security Agency (CISA) issued Version 3.1 of its Guidance on the Essential Critical Infrastructure Workforce. For the most part, CISA’s Guidance 3.1 did not change from Version 3.0 as it relates to construction. However, CISA added a few construction-related services to “Essential Critical Infrastructure”:

  • “Workers who support the construction and maintenance of electric vehicle charging stations.”
  • “Engineers performing or supporting safety inspections.”
  • Workers supporting “the sale, transportation, and installation of manufactured homes.”
  • “Workers in retail and non-retail businesses—and necessary merchant wholesalers and distributors—necessary to provide access to hardware and building materials …”

For a more in-depth look at the CISA Guidance related to construction see Pillsbury alert Commercial Construction during COVID-19: CISA Expands its Guidance.


On May 13, 2020, proposed California Senate Bill No. 939 was amended to not only prohibit landlords from evicting commercial tenants during the pendency of the COVID-19 state of emergency, but to extend protections to certain qualifying tenants permitting express rent reduction negotiation rights and lease termination rights. In “Proposed California Bill Would Ban Commercial Evictions During the State of Emergency and Grant Lease Termination Rights to Qualifying Tenants,” special counsel Carmela D. Nicholas explores how California Senate Bill 939 goes beyond the COVID-19 eviction moratorium imposed in most cities and counties across the state.


The Procurement Integrity Act (PIA) governs disclosing or obtaining procurement information, engaging in employment discussions with government officials, and the payment and receipt of compensation to a former government official. In “New Procurement Integrity Act Decision Reminds Contractors of Its Scope and the Potential Remedies for a Violation,” colleagues John E. Jensen, Alex D. Tomaszczuk, Robert Starling discuss the question of whether an offeror has knowingly obtained “contractor bid or proposal information or source selection information” during a procurement, in violation of the PIA, is very fact-specific.


On Friday, May 15, New York began reopening businesses after widespread closures in response to the coronavirus pandemic. New York Forward, the New York plan to reopen the state, divides the state into ten (10) regions. Each region may reopen in a four-phased process as it satisfies certain metrics. In “COVID-19: New York and New Jersey Announce Phased Reopening of Businesses,” colleagues Cassie LentchnerAdam R. Poliner and Simone A. Wood discuss the steps reopening businesses must take to protect employees and customers.


Pillsbury is tracking the impact on construction projects of COVID-19-related orders and guidance from CISA, and in all 50 states and the District of Columbia. See our Updated COVID-19 Construction Chart.





Building on existing New York State protections, the New York City Council has passed a bill providing protections for individuals who have guaranteed leases for premises affected by COVID-19. In “New York City Council Proposes Extensive Protections for Commercial Lease Guarantors,” colleagues Andrew J. Weiner and Adam J. Weaver discuss that the proposed legislation would make personal guaranties temporarily unenforceable if certain conditions related to the COVID-19 pandemic are satisfied, but the scope of the relief is not clearly defined.

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