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In brief

COVID-19 was officially declared a pandemic in the U.S. on March 13. Yet, even now, as we are over six months into the crisis, employers still continue to face challenges when navigating the sometimes daily changes in health and safety orders, updates from federal agencies, court decisions, and the proliferation of lawsuits.

Some of the key decision points for many employers include when to reopen, what should drive that decision, the legal risk of getting it wrong, and how to mitigate that risk. Unlike retailers and restaurants, companies in the financial industry have largely avoided shutting down operations. However, that does not mean they have fully reopened.

Where does the financial industry stand in its reopening? What should financial services companies be concerned about in terms of COVID-19-related guidance and recommendations and legal claims by employees? How can companies mitigate these claims? What are specific COVID-19-related compliance issues unique to investment advisers and broker-dealers?


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Original article published in Law360

Author

Susan Eandi is the Chair of Baker McKenzie's North America Employment and Compensation Practice Group, head of the Global Employment and Labor Law Practice for North America, and a member of the North America Regional Management Council. She also serves on the Firm's Antiracism Legal Impact Board. Susan speaks regularly for organizations including ACC, Tech GC, Silicon Valley AGC and World Business Council for Sustainable Development. Susan publishes extensively in various external legal publications in addition to handbooks/magazines published by the Firm. Susan is a recognized leader in employment law by International Employment Lawyer, The Daily Journal, Legal 500 PLC and is a Chambers-ranked attorney.

Author

Paul Evans is the New York and East Coast leader for the Employment & Compensation Practice Group, residing in Baker McKenzie's New York office. He is also a member of the Steering Committee for the Firm's North American Employment & Compensation Practice. For over 20 years, Paul's practice has included representation of employers at the US state, federal and appellate level in employment discrimination class actions, ERISA class actions, employment testing and validation matters, wage and hour class and collective actions, multiplaintiff and other complex labor and employment litigation.

Author

Amy serves as the Co-chair of Baker McKenzie's North American Financial Regulation and Enforcement Practice, which provides our clients with a full range of regulatory advice and enforcement counseling. Amy also serves on the steering committees of the Firm's Global Financial Services Regulatory and Global Financial Institutions Groups. Previously, Amy has served as chief litigation counsel at the US Securities and Exchange Commission's (SEC) Philadelphia regional office and managed a team of lawyers overseeing a wide variety of enforcement matters.

Author

Jennifer L. Klass serves as the co-chair of Baker McKenzie's North America Financial Regulation and Enforcement Practice, which provides clients with a full range of regulatory advice and enforcement counseling. Jen is an experienced financial services regulatory lawyer with particular focus on investment adviser regulation and the convergence of investment advisory and brokerage services. She regularly represents clients before the US Securities and Exchange Commission (SEC), both in seeking interpretative guidance and in managing examination and enforcement matters.

Author

Autumn Sharp is a Knowledge Lawyer, in Baker McKenzie's Chicago office.