Manatt COVID-19 Client Service Response Team

We well know that every organization during this time is facing unprecedented legal and business challenges. To ensure that our clients’ rapidly evolving needs are met, Manatt has established a COVID-19 Client Service Response Team of cross-industry, legal and business advisors. 

Manatt’s integrated, multidisciplinary model reflects the convergences you are facing and allows our diverse team of professionals—made up of attorneys, former government advisors, state regulators and business leaders—to partner with you on navigating this new environment.

Chaired by Scott Pearson, Sandy Robinson and Grace Winters, the COVID-19 Client Service Response Team understands that the issues you are facing cut across our core industry groups. Industries including healthcare, entertainment and media, real estate, digital and technology, and financial services are bearing the brunt of many of the current challenges. Our range of service offerings—including business advisory, management consulting, government advisory, employment counseling, complex litigation, bankruptcy, and distressed assets, as well as debt restructuring and privacy and cybersecurity in particular—provide a comprehensive breadth of counsel in the core areas that may impact your business in this rapidly changing environment.

Our Manatt Health professionals can provide a range of services to help navigate COVID-19. In addition, we are advising clients in the following areas:

Our bankruptcy, insolvency and restructuring team works with you to develop solutions that preserve your value, address your problems and leave you stronger than before. Manatt has decades of experience with complex financial restructuring, problem-solving deals and financial crisis management across all industries and business sectors. Whether your financial issues and needs arise from or relate to finance, media, entertainment, healthcare, manufacturing or real estate, we are prepared to and will respond with expertise. Manatt’s cross-platform professional structure enables our bankruptcy, insolvency and restructuring professionals to immediately draw upon specific industry and sector expertise in order to problem solve in the areas of finance, labor, employment, media and government relations. We recognize that there are often not just two sides in a workout situation, but also various other constituencies with divergent interests that need to be brought to the table, addressed and resolved in order to achieve a successful result. We represent banks and other institutional lenders, as well as real estate developers and other business owners in sophisticated and major loan workouts. In addition, our bankruptcy attorneys have vast experience in all aspects of bankruptcy and insolvency, such as the rights of landlords, intellectual property licensors and licensees, contracting parties, suppliers, and a host of other interests. Manatt’s deep roots and expertise in a wide variety of specialized industries enable us to quickly assemble a cohesive team that draws upon our diverse expertise and provide a complete and practical solution to our clients’ needs.

Successful litigation requires a deep and current understanding of a client’s industry and strong relationships with regulatory, legislative and enforcement officials—as well as the ability, experience and confidence to take complex matters to trial. Manatt’s philosophy is simple: first, understand the client’s business strategy and objectives, then aggressively, efficiently and effectively assert or defend their interests. Manatt’s litigation team is composed of talented litigators who have learned the business imperatives of clients in highly specialized industries—consumer products, energy, entertainment, financial services, healthcare, real estate and retail. We represent Fortune 100 companies and new startups alike. We create a strategy that is calibrated to your specific needs, risks, goals and budget. We are guardians of your interests beyond the courtroom—your reputation, your business and your expectations. Litigation is about achieving the best outcome for the client inside and outside the courtroom. One size does not fit all. We tailor our team and strategy expressly for you—providing the right combination of aggressive, creative trial lawyers and professionals who know your industry.

From its inception, Manatt has engaged in virtually every aspect of commercial finance. We are helping clients adjust to a changing economic landscape in light of the COVID-19 pandemic, including fluctuating interest rates, force majeure circumstances and evolving business strategies of borrowers. We represent lenders and borrowers in the full range of financing transactions, including debt restructuring, out-of-court financial restructuring, leveraged buy-out financing, syndicated loan transactions, interest rate swaps, securitization transactions involving a broad range of assets, asset-based lending and factoring, traditional secured and unsecured credit, mezzanine financing, bridge loans, noninvestment-grade and investment-grade credit, and letters of credit. We are assisting clients in a wide range of industries in their restructuring planning in response to the pandemic, including hospitality and hotel enterprises, biotechnology and medical device firms, healthcare organizations, and insurers. On the lending side, our clients range from brick-and-mortar banks to fintech startups, including retail and commercial banks, finance companies, financial advisors, private equity and venture capital firms, family offices, nonbank lenders (mortgage and short-term lenders and auto finance companies), insurance companies and the online credit and lending community.

Manatt’s Investigations, Compliance and Strategic Response Group was created to address precisely the sort of complex issues faced when confronted with the need to navigate the turbulent waters of unprecedented threats and crises. Our group specializes in developing bullet-proof compliance programs and in helping clients to develop rapid response protocols that enable companies, boards and senior executives to face the most challenging crises and challenges. Our team has been involved in numerous situations of extraordinary corporate risk, working with clients to fashion compliance measures to mitigate risk, engaging with federal and state policymakers and regulators to address pressing issues, defending clients in sensitive investigations, litigation and regulatory proceedings, and coordinating comprehensive communications strategies to engage key external and internal stakeholders. Our bipartisan team is composed of those with extensive service as executive and legislative branch attorneys; regulators; regulatory attorneys; former senior in-house legal, governance, and compliance leaders; strategic advisors; and crisis communicators. We have partnered with our clients in numerous complex crisis situations and have helped ensure they were prepared for, responded to and successfully emerged from the events.

Our multidisciplinary privacy and data security team works with clients across industries to aid their compliance efforts and to defend their interests. We provide international, federal, state, and industry-specific privacy and data security compliance advice and analyze security-related enterprise risks on a regional and global scale. We establish and implement preventive compliance assessments, program development, and incident response plans to fend off risks before they’re borne out. In the event of a suspected data security incident, we are well aware of the time-sensitive needs our clients face. We handle security investigations with a hands-on and comprehensive approach in which we constantly assess litigation and enforcement risk. We work with best-in-class forensic teams to determine the nature, origin and extent of the breach and recommend appropriate corrective actions. Our seasoned team of litigators defends investigations, litigation and regulatory proceedings and has a proven track record of success in defending against individual and class actions arising from data breaches and privacy-related allegations.

Manatt’s digital and technology group offers a uniquely integrated legal and strategy consultancy practice composed of attorneys, business strategists and venture capital experts. In a world of intense competition for growth characterized by changing business models and evolving ways of engaging in the global economy, we’re known for our ability to create and implement winning strategies for our clients. Our clients range from the world’s largest technology, media and entertainment, fintech, consumer, and healthcare brands to emerging startups looking to forge new paths where technology is changing how the world does business. Our clients rely on our team to give them the legal, regulatory and strategic business counsel they need in order to accelerate success in a world that moves faster every day. The digital and technology group provides a wide array of services for companies that rely on technology to refine and define new opportunities, including planning for and protecting privacy and security of essential data and optimizing strategies to use data as an asset; managing, capitalizing upon, protecting and defending essential intellectual property rights; corporate legal advisory for emerging companies, including helping them think through, plan and execute venture capital, private equity, debt M&A and related financing activities; new product conceptualization; new market evaluation and build/buy/partner strategies to catalyze new growth; and a broad array of other legal and consulting services focused on planning effectively and propelling strategy into action.

Building upon our decades of experience, we are quick and creative, and we have a deep knowledge of restructuring, repositioning and navigating the various challenges and opportunities that you may face. Our strength and ability to restructure transactions are enhanced by our work serving as counsel for some of the nation’s leading lenders, borrowers, investors, owners and operators on their most sophisticated and complex matters. Our goal in each case is to create solutions that preserve value by the application of our thorough understanding of applicable finance, restructuring, insolvency and commercial law. We take a highly strategic, nimble and business-sensitive approach. Our approach is enhanced by the firm’s deep experience in multiple industries, and is backed by our extensive resources in a broad spectrum of legal expertise in related disciplines.

In this time of uncertainty and rapidly changing circumstances, Manatt’s employment team will guide you through new developments, explain your options clearly and help you make thoughtful, informed decisions. Our team works closely with you, offering expert technical, strategic and practical advice that harnesses the knowledge of Manatt’s multidisciplinary capabilities. We advise clients with respect to the trickiest issues that may arise, such as how to evaluate the potential risks of contagion and related issues presented by individual employees through the lens of OSHA and applicable state law; when to require medical visits and testing; how to address employee leaves of absence and related compensation issues; the complicated impact of wage and hour and other requirements on telework, absences and related issues; the timing, communication approach and morale considerations arising from potential terminations, furloughs and reductions in work force; and any other issues that impact your workforce during this pandemic. We also work hand-in-hand with our government and healthcare teams to monitor and impact legislative and related developments. As emergencies are declared, new laws are passed and new regulations and orders are put in place, we are on the front lines, sharing information on an immediate basis and helping you prepare an effective response.

Manatt’s entertainment and media practice is international in scope, representing a broad range of high-profile clients in film and television, music, digital media, sports, video games and advertising. Our lawyers handle, on a worldwide basis, film and television financing, production, licensing and distribution deals, as well as equity, debt and M&A transactions; represent legendary music talent; and litigate a wide variety of entertainment- and media-related disputes, including copyright, idea theft, royalty, profit participation, seven-year rule, defamation, management-artist, and other matters. With the cancellation of tours, challenges of locked-in distribution dates and funding deadlines, and rise of novel litigation, our team is uniquely positioned to help entertainment and media clients navigate legal and strategic responses to evolving realities triggered by COVID-19.

COVID-19 is having a major impact on the financial services industry. Manatt’s industry-focused financial services team is already assisting clients in navigating the pandemic’s challenges, including those posed by uncertainty in the capital markets, changing regulations, economic disruption and drops in consumer confidence. Since Manatt’s founding by two banking lawyers in 1965, we have built one of the most comprehensive financial services practices in the United States, advising clients on regulatory and compliance matters, litigation, commercial lending, bankruptcy, government enforcement, mergers, acquisitions and capital raises. Our team recognizes the legal impact this pandemic is having on consumer-facing markets, and is advising clients on necessary adjustments to lending, borrowing and servicing, revised customer disclosures, policies and procedures to mitigate against likely litigation arising out of consumer interactions, crisis-affected loan applications, and consumer defaults. We are also staying close to federal and state agencies to keep clients abreast of breaking developments regarding bank safety and soundness, consumer protection issues, securities regulation and other compliance issues. Because we recognize the strain this is placing on many of our clients, we remain devoted to providing a compelling value proposition by going beyond the traditional role of lawyers. With advice and consulting on the full range of financial services-related issues, we are here to help you manage and thrive during these difficult times.

Manatt’s highly respected government and regulatory practice provides federal, state and local regulatory interpretation and analysis, government contracting and pre-litigation counseling, government relations, lobbying and policy development activities that are crucial to our clients and their industries. Our long-recognized strength is where law, business, public policy and government intersect. We are advocates for our clients in legislative and administrative hearings, rulemaking and regulatory proceedings, policy and budget development and funding, and government contracting. We seek insights from public officials on expected developments and work with clients on strategic planning and regulatory compliance, and in pursuing potential opportunities with federal, state and local governments. We are known for our ability to anticipate, shape and leverage the dynamic body of law and regulations within which our clients operate, often merging the operational and market knowledge of our corporate and commercial attorneys and consultants with the public policy and political acumen of our government and regulatory professionals, many of whom have worked in government at federal, state and local levels. With such depth and reputation, we are often called upon to advise governments and public officials, as well as our more customary private clients.

Manatt Health integrates legal and consulting services to better meet the complex needs of clients across the healthcare system. Combining legal excellence, firsthand experience in shaping public policy, sophisticated strategic insight and deep analytic capabilities, we provide uniquely valuable professional services to the full range of health industry players. Our diverse team of more than 160 attorneys and consultants from Manatt, Phelps & Phillips, LLP and its consulting subsidiary, Manatt Health Strategies, LLC is passionate about helping our clients advance their business interests, fulfill their missions and lead healthcare into the future. Partnering with clients across the healthcare spectrum, Manatt Health can help stakeholders throughout the healthcare ecosystem—including payers, providers, states, and long-term care facilities—navigate their unique needs and interconnected challenges as they manage through the complexities of the COVID-19 pandemic. We also can help identify and optimize the opportunities telehealth offers payers, states and providers to triage, diagnose and treat patients while minimizing risk of exposure. In addition, our multidisciplinary team can guide clients in examining the unique regulatory and funding challenges that the COVID-19 crisis presents to providers—and analyzing the latest federal and state actions to mitigate the crisis and its effects.

Manatt’s insurance practice covers a wide range of issues faced by insurers and reinsurers, including complex and bet-the-company litigation and arbitrations, regulatory guidance and advocacy, and advice and counseling on transactions and governance. Our litigators are skilled advocates with extensive courtroom experience in state and federal courts nationwide and a deep understanding of insurance law that enables us to effectively and efficiently resolve disputes so you can focus on the business of insurance. Our team represents insurers in complex commercial litigation, including in class action litigation and other cases involving alleged improper sales practices, product issues, agent fraud, and coverage disputes. We have experience with all forms of insurance: life, health, property and casualty, disability, and other lines. Insurers are also faced with a host of new issues arising out of the COVID-19 pandemic, including coverage disputes arising out of the cancellation of significant conferences and other events. Our multidisciplinary team can guide you through these constantly evolving issues.

Manatt’s investigations and white collar defense group includes lawyers who have previously served as federal and state prosecutors and have extensive experience serving clients in healthcare, banking and finance, securities, and media and entertainment. We stand ready to assist clients with the numerous issues likely to arise out of the COVID-19 crisis, including compliance programs to ensure that any government funding received is properly used and tracked, internal investigations into allegations of wrongdoing, and the defense of any investigations arising out of the crisis. Our team includes several veterans of the response to the 2008 financial crisis, during which we assisted clients (both as in-house and outside counsel) in navigating similar issues in complying with, and responding to government inquiries concerning, TARP and other government programs.

Manatt’s real estate practice is one of the largest in the state of California, exclusively dedicated to real estate transactions. Our real estate-dedicated professionals are among the top advisors in the nation, and handle industry-leading engagements that are transforming the landscape across the United States. With significant depth and experience across most real estate asset classes and all phases of development projects, we advise clients with distressed assets acquisitions and dispositions, loan restructurings, workouts, complex financings, acquisitions, dispositions, debt and equity finance, joint ventures, affordable housing, complicated leasing (including alternative to financing structures), public/private transactions, hospitality, and full design, construction and development contracts. We work with a variety of public and private companies, ranging from to entrepreneurial developers to large corporate and technology companies. Our decades of experience providing legal counsel gives us the perspective to provide strategic input on the market, out-of-the-box solutions and mitigation of risk.

Leaders
 
Scott M. Pearson

Partner

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Sandy W. Robinson

Managing Director

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Grace D. Winters

Partner

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