McGeehan Law
McGeehan Pascale, PLC
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11211 Waples Mill Rd #210
Fairfax, VA 22030
​703.273.5303
 
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McGeehan Law

UPDATE ON COVAD 19 VIRUS

3/15/2020

 
UPDATE ON COVAD 19 VIRUS
TRAVEL BAR EXPANDED:  The federal government has extended the bar to persons entering the United States also to Ireland and the United Kingdom.
FEDERAL LEGISLATIVE ACTION:  The House of Representatives passed a bill Family First Coronavirus Response Act.  Before that becomes law, this must be passed by the Senate, which is expected to act on the Bill quickly.  The Bill authorizes, among many things,  money for research, expands some social welfare benefits, requires all health insurance to provide testing without co-pays.  Addressing its impact on businesses,  it states that employees of companies with fewer than 500 employees and government staffers may take up to 12 weeks of protected family and medical leave, including two weeks at full pay, with any additional weeks taken with no less than two-thirds of the employee's usual pay, to either quarantine or seek preventative care and related to coronavirus.  Small and mid-sized businesses would receive tax credits (to pay for medical and family leave of up to 100% of the wages they pay out.  Employers with fewer than 500 employees are required to provide two weeks of sick leave at full pay for employees who are seeking treatment for the virus. Self-employed individuals would also receive tax credits to receive paid leave. Workers would be eligible for paid sick leave if they have a child whose school or childcare facility is closed due to the coronavirus. These employees are required to receive not less than two-thirds of their regular pay. 
PRECAUTIONS:  In addition to the recommendations in the previous posting, including  cleaning the elevator knobs and front door knobs several times daily and having available at entrances and waiting rooms hand sanitizer that has 60% or more alcohol, one medical client is using DC GOLD which is a medical disinfectant that will not harm the finish on the floors, door knobs etc. Bleach products can mar the finish.
Cleaning surfaces helps, but even “deep cleaning” will not eliminate the risk.  " The second anyone touches a door knob, door, or elevator button, the previous night’s cleaning becomes moot.  COVID 19 is a respiratory virus. It is spread via droplets from coughing, sneezing etc., including those suspended in the air.  It can survive on inanimate objects for short periods, but that is not felt to be the major mode of transmission.  The CDC definition of exposure is 10 minutes of close contact with an infected individual.  The best step is hand cleaning with soap and water for 20 seconds or more.  While that may seem counterintuitive to what I just said about inanimate surfaces, your hands will touch you face, nose, mouth a hundred times a day and that can readily transmit the virus.  Next to washing your hands, stay 6 feet away from those who are sick.  Last, it may be wise to inform employees, customers, clients, patients, vendors, etc. to let you know if they have been exposed to the virus and then work with them via teleconferences, phone and other similar remote means.  They will appreciate your efforts to protect them.
LEGAL ISSUES:  I still am concerned what legal issues may come from this. These can arise from principles of negligence or contract.   The standard for negligence is to take reasonable care, but for some businesses it may he higher than to take reasonable care.  In contracts, the issues may be delaying or excusing performance.  If you have business interruption insurance, read you policy and see if a disruption to your business is covered or excluded.   If that is in doubt, file a claim.   Keep informed, including any legislation action at the state or federal levels.  Use updated government guidelines as the standard of care.  Keep the focus on what will happen when this passes, as it inevitably will.


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    John P. McGeehan is the managing member of McGeehan Pascale, PLC. His practice focuses on business structures, especially new, emerging, small businesses and not for profit organizations, all business transactions, employment law, real estate, commercial leasing, estate planning and litigation before administrative agencies and all courts.

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we COVID 19 VIRUS PROCEDURES

mCgeehan pascale, plc IS TAKING PRECAUTIONS IN LIGHT OF THE CDC ADVICE  FOR THE CORONAVIRUS.  WE ARE WORKING EVERY DAY TO ANSWER QUESTIONS, DRAFT DOCUMENTS AND OTHERWISE TO SERVE OUR CLIENTS' LEGAL NEEDS.   ALL OF OUR STAFF ARE IN GOOD HEALTH AND OUR WISH FOR OUR CLIENTS IS THAT THEY ALSO REMAIN IN GOOD HEALTH.   IF THE NEED ARISES, OUR EMPLOYEES HAVE PAID SICK LEAVE AVAILABLE TO THEM.  IF THAT OCCURS, WE MAY TAKE A BIT LONGER FOR SOME THINGS, FOR WHICH WE ASK YOUR UNDERSTANDING.   IF POSSIBLE, WE ASK THAT OUR CLIENTS AND ATTORNEYS WITH WHOM WE DEAL DO SO BY TELEPHONE OR EMAIL TO AVOID PERSON TO PERSON CONTACT.  IF YOU SUSPECT YOU HAVE BEEN EXPOSED TO THIS VIRUS AND WE HAVE HAD PERSON TO PERSON CONTACT IN THE PRIOR 14 DAYS, ,PLEASE LET US KNOW THAT.

WE DISINFECT, THROUGHOUT THE DAY,  ALL AREAS IN OUR OFFICE THAT MAY BE TOUCHED BY PEOPLE.  THE NEW ENGLAND JOURNAL OF MEDICINE PUBLISHED AN ARTICLE SAYING THAT SOME SURFACES MAY HOLD THE CORONAVIRUS  VIRUS FOR UP TO 72 HOURS and UNVERIFIED SOURCES REPORT IT CAN BE LONGER.   OUR BUILDING ALSO HAS ESTABLISHED PROCEDURES DESIGNED TO PROTECT PERSONS COMING INTO THE BUILDING.   ALL COURTS IN WHICH WE REGULARLY PRACTICE HAVE ESTABLISHED PROCEDURES THAT RESCHEDULE OR POSTPONE HEARINGS,  GENERALLY, UNTIL AFTER MID-APRIL OR MID-MAY AND LEGAL TIMELINES HAVE BEEN ADJUSTED. 

we concluded that we are exempt from the mandates announced for virginal on March 23, 2020, provided we continue the sanitation procedures outlined above and do not have more than 10 people congregated  at the same time.  however, we prefer contacts by phone or email.  if you must meet in person, please call first so we can determine if some or all of the matters can be handled by phone or email.

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Fairfax, VA 22030

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