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Nelson Mullins COVID-19 Resources

Nelson Mullins is continuing to monitor developments related to COVID-19, including guidance from the Centers for Disease Control and various federal, state, and local government authorities. The firm is taking appropriate precautionary actions and has implemented plans to ensure the continuation of all firm services to clients from both in office and remote work arrangements across our 25 offices. 

In addition, click the link below to access extensive resources to address a wide variety of topics resulting from the virus, in general and by industry,  including topics such as essential businesses, force majeure, business interruption insurance, CARES Act and FFCRA, and others. 

Nelson Mullins COVID-19 Resources

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Bostock v. Clayton County and Implications for Title VII Litigation

July 6, 2020

Bostock v. Clayton County and Implications for Title VII Litigation
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Insights

March 25, 2020

COVID-19 and West Virginia: How the Actions of the State’s Three Branches of Government Impact West Virginia Businesses

By Randall L. Saunders, Jonah Samples

Following the lead of a number of states including neighboring Ohio, West Virginia Governor Jim Justice has officially issued a stay-at-home order set to go into effect at 8 PM on March 24, 2020, in response to a rise in confirmed cases of COVID-19 within the state. Previously, Governor Justice ordered the closure of casinos, restaurants, bars, fitness centers, barber shops, etc., but this Order, which is similar to the order issued by neighboring Maryland Governor Larry Hogan, expands the list to include the closure of all businesses except “Essential Businesses and Operations” and non-essential businesses that have permitted employees to work from home.

The Order includes a broad laundry-list defining what constitutes an essential business, including businesses such as:

  • Healthcare, public health operations, and health insurance companies;
  • Grocery stores and pharmacies;
  • Food, beverage, and agriculture companies, including carry-out, delivery, and drive-thru restaurants;
  • Essential governmental functions, such as law enforcement and first-responders;
  • Human services organizations and childcare facilities and providers;
  • Essential infrastructure, including construction, public utilities, and trash collection;
  • Coal mining and coal-fired electric generation facilities, including ancillary and support functions;
  • Manufacturing, distribution, and supply chain for critical products and industries including the pharmaceutical, technology, healthcare, chemical, transportation, energy, construction, and communications industries;
  • Transportation and travel-related businesses, such as taxi services and other commercial transit, and gas stations;
  • Financial and insurance institutions;
  • Hardware and supply stores;
  • Critical trades, such as plumbers, electricians, and certain janitorial staff;
  • Mail, post, shipping, logistics, delivery, and pick-up services;
  • Religious entities;
  • Educational institutions;
  • Laundry services;
  • Businesses that sell, manufacture, or supply products needed for people to work from home;
  • Businesses that sell, manufacture, or supply other essential businesses with the support and materials needed to operate;
  • Home-based care and services;
  • Residential facilities and shelters;
  • Professional services, such as legal, accounting, insurance, or real estate services;
  • Media;
  • Hotels and motels; and
  • Funeral services.

West Virginia’s other two branches of government have issued responses to COVID-19 concerns as well. While the Governor’s Order deems many judicial personnel exempt from the stay-at-home Order, the Supreme Court of Appeals of West Virginia previously issued an Administrative Order staying all court proceedings, hearings, trials, deadlines, statutes of limitations, and statutes of repose in West Virginia courts until after April 10, 2020, subject to a few limited exceptions.

Leadership within the West Virginia Legislature issued their own statement on March 23, 2020. The bi-partisan statement, which was issued by Senate President Mitch Carmichael (R), Speaker of the House Roger Hanshaw (R), Senate Minority Leader Roman Prezioso (D), and House Minority Leader Tim Miley (D), indicates that the West Virginia Legislature does not intend to call a special session to address COVID-19 at this time. The statement further reflects that it is the belief of legislative leadership that the state executive branch, FEMA, and public health officials are in the best position to combat the pandemic at this time. However, the statement did not close the door on the possibility of a special session being called as the situation progresses.

While the Governor’s Order reflects that the list of essential businesses is exhaustive, there may be questions regarding how this order impacts your specific business. We are happy and equipped to advise West Virginia businesses on how the government’s response to the COVID-19 pandemic impacts your business operations