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Impact Survey: COVID-19 and Easing of Stay-at-Home Orders

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As the world continues to adapt to the COVID-19 pandemic, Morrison & Foerster has once again surveyed over 100 in-house general counsel from global corporations to understand how the pandemic and the easing of stay-at-home orders are impacting their businesses now and over the long term.

We are Morrison Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, and Fortune 100, technology, and life sciences companies. Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger.Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.

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As the world continues to adapt to the COVID-19 pandemic, Morrison & Foerster has once again surveyed over 100 in-house general counsel from global corporations to understand how the pandemic and the easing of stay-at-home orders are impacting their businesses now and over the long term.Read our new <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blt4f86edde8c3a3871/627311c58e09542a15b7dd39/200612-impact-survey-ease-orders.pdf" target="_blank">Impact Survey: COVID-19 and Easing of Stay-at-Home Orders</a> to understand how business has changed as a result of the ongoing pandemic, what new challenges and legal risks in-house general counsel anticipate as they gradually reopen after months of shutdowns, and what priorities have shifted since our last survey as companies continue to chart their way forward in this new business landscape.Read the full <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blt4f86edde8c3a3871/627311c58e09542a15b7dd39/200612-impact-survey-ease-orders.pdf" target="_blank">survey</a>.For additional insights, read our previous <a href="/resources/insights/200402-covid-19-coronavirus-impact-survey.html">COVID-19 Impact Survey</a>, and listen to our <a href="/resources/video-audio/200624-impact-survey-podcast.html">Impact Survey: COVID-19 and Easing of Stay-at-Home Orders Podcast</a>.

Impact Survey: COVID-19 and Easing of Stay-at-Home Orders

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David Newman, co-chair of the firm’s National Security and Crisis Management practices, draws upon his deep experience in private practice and as a senior U.S. Department of Justice (DOJ) and White House official to represent clients in high stakes matters involving national security, geopolitical risk, emerging technology, and crisis management. A former Principal Deputy Assistant Attorney General for National Security (PDAAG) and Associate Deputy Attorney General, David advises companies navigating cybersecurity incidents, sanctions and export control enforcement, Committee on Foreign Investments in the United States (CFIUS) reviews, and Foreign Agents Registration Act (FARA) investigations. He has extensive experience conducting internal and government-facing cross-border investigations and representing clients in congressional inquiries and hearings.David co-founded the firm’s innovative Crisis Management practice nearly a decade ago, serving as a go-to resource for clients facing legal scrutiny by government agencies around the world. Drawing on his background working on complex and sensitive matters in private practice and at the highest levels of the U.S. government, he understands how regulators and prosecutors think, enabling him to provide highly strategic counsel to clients across a broad range of industries. He has frequently served as a liaison between clients and government agencies, including DOJ, the FBI, and other U.S. national security and intelligence agencies, and counseled clients on emerging regulation involving new technologies. For his work advising companies on how to navigate the COVID-19 pandemic, he was named a <a href="/resources/news/200901-national-law-journal-david-newman" target="_self">“Trailblazer” by the National Law Journal</a> in 2020. With the change in administration in 2021, David returned to DOJ to serve in a “day one” leadership role. From 2021 to 2022, he served as Associate Deputy Attorney General. From 2022 to 2025, he served as PDAAG, DOJ’s second highest-ranking national security official, supervising the work of nearly 300 career attorneys in DOJ’s National Security Division (NSD) with engagement across virtually all aspects of NSD’s portfolio, including supervision of DOJ’s criminal enforcement programs for sanctions, export controls, counterterrorism, counterespionage, and FARA. During his tenure, NSD created the “NatSecCyber” section, the first new litigating section in NSD’s history with a mission to centralize DOJ’s prosecutions and disruptions of national security cyber threats emanating from China, Russia, Iran, and North Korea (among other U.S. adversaries); restructured and expanded NSD’s corporate enforcement program; and spearheaded the U.S. government’s approach to countering the threats posed by foreign adversary access to Americans’ sensitive bulk data. In addition to his work supervising investigations and prosecutions, David served for more than two years as DOJ’s regular representative to Assistant Secretary meetings of CFIUS; represented DOJ at dozens of National Security Council (NSC) meetings; and led administration-wide initiatives involving emerging technology, bulk data security, and countering foreign malign influence and transnational repression. In private practice, David has routinely advised clients on cybersecurity and data privacy matters including sensitive issues involving incident preparedness and response, emerging technology regulation, and economic espionage. In 2024, he delivered the capstone address at the U.S. Cyber Command Annual Legal Conference, in which he highlighted DOJ’s work countering nation state cyber threats. He has testified before Congress on the threats to national security posed by emerging technology, including serving as lead briefer for an all Member briefing on proposed legislation to address the national security risks posed by TikTok and other foreign adversary-controlled social media applications. He also served as the U.S. government’s lead representative in international meetings and initiatives to address the evolving threat landscape of foreign malign influence and transnational repression. Named several years ago as one of the top “40 under 40” figures in the data law bar around the world by Global Data Review, David’s commentary and thought leadership on law and technology have appeared in and been quoted in CNBC, The Wall Street Journal, Bloomberg, Corporate Counsel, Ethisphere, and Wired Magazine, among other publications. A former law clerk on the U.S. Supreme Court, David is routinely asked to advise clients on both the near-term and long-term implications of unsettled legal questions at the intersection of law and emerging technology.David’s practice also extends to advising on congressional oversight matters related to national security and emerging technology, including responding to congressional inquiries on behalf of large, multinational companies and preparing individuals for interviews and testimony in connection with congressional hearings and investigations. While in private practice, David advised leading company executives and other prominent individuals related to high-profile hearings and investigations of the Senate and House Judiciary Committee, among other congressional committees. In his positions in government, David regularly briefed congressional members and staff on sensitive national security developments and coordinated briefings and responses to congressional inquiries involving administration priorities.Earlier in his career, David held key national security legal and policy posts at the White House, including serving as Special Assistant and Associate Counsel to President Obama (2015–2017) and in multiple roles on the NSC staff (2013–2015). Throughout his tenure at the White House, David played a central role in coordinating the administration’s response to domestic and international crises including serving as Director for Counterterrorism, Acting Deputy Legal Advisor, and as Chief of Staff in the Office of the Ebola Response Coordinator. In his White House posts, David regularly advised the president and other senior administration officials on a range of complex matters affecting the federal government and oversaw a broad portfolio that spanned national security priorities, crisis response and preparedness planning, new data and technology initiatives, criminal justice policy, and civil rights litigation. He also helped the National Security Council to coordinate the U.S. government’s response to the largest Ebola outbreak in recorded history.David began his Executive Branch tenure as a career attorney in DOJ’s NSD. In his role as counsel to the Assistant Attorney General for National Security from 2011 to 2013, David helped counsel senior officials within DOJ and across the U.S. government on a wide array of matters—from high profile terrorism investigations and litigation involving government surveillance programs to matters before CFIUS. Prior to his Executive Branch service, David clerked for Justice Ruth Bader Ginsburg of the U.S. Supreme Court, Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit, and Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York, and he also served as a litigator in private practice at an international law firm.David received his J.D. from Yale Law School and his B.A. summa cum laude from Columbia University.<h4>Selected Private Practice Matters</h4><ul><li>Advising a major U.S. telecommunications company that successfully obtained national security and other regulatory approvals at the federal and state levels in connection with a proposed merger.</li><li>Advising a major U.S. technology company facing exposure of sensitive customer information by a third-party vendor on its response to a vulnerability disclosure report.</li><li>Representing a leading U.S. company in a high-profile, multijurisdictional, government-facing bribery investigation in Africa.</li><li>Conducting cybersecurity tabletop exercises at the operator, executive, and board levels for Fortune 500 organizations in the healthcare, retail, and pharmaceutical sectors.</li><li>Counseling a major U.S. media company on cybersecurity matters.</li><li>Coordinating the work of an independent corporate compliance monitor for a large South American company in the wake of a multijurisdictional resolution with DOJ.</li><li>Advising a non-U.S. investor on CFIUS strategy and other regulatory issues arising out of a multi billion dollar investment in a major U.S. company.</li><li>Conducting pre-investment and pre-acquisition CFIUS due diligence in several multi-billion-dollar transactions in which a non-U.S. investor pursued positions in leading and emerging technology companies.</li></ul>

David Newman

Partner

Few lawyers in the world have Miriam’s breadth and understanding of privacy and data security laws, obligations, and practices. As co-chair of Morrison Foerster’s preeminent global Privacy + Data Security Group, leading 60+ lawyers, Miriam is regularly called upon by some of the world’s largest and most complex multinational organizations to confront their most difficult U.S. and international privacy and cybersecurity challenges. Miriam is a trusted advisor who provides legal and strategic advice on all areas of international privacy and data protection issues. She works with global companies on the planning and execution of complex global compliance efforts and helps them find practical solutions to use and manage personal information in every country in the world. She also defends regulatory matters relating to privacy and cybersecurity in the United States and internationally and advises on the Department of Justice Bulk Data Rules. Her counsel is particularly prized for cybersecurity preparedness and breach response. Miriam and her team have navigated some of the largest and most consequential cybersecurity incidents in history, including assisting Mandiant when it discovered and warned the world about the SolarWinds compromise. Having helped hundreds of clients respond to breaches, Miriam is frequently called upon to advise and educate boards of directors regarding cybersecurity and the key role that boards play in understanding and overseeing the potential risks. Miriam works with companies to develop comprehensive customized incident response plans, train staff, conduct extensive tabletop exercises, and address key issues with executive management. While she regularly advises clients on responses to ransomware attacks and other cyber extortion incidents, she works on all aspects that arise in the context of large security incidents, including communication strategies, notifications to customers, consumers, and regulators; public disclosures; interactions with law enforcement globally; litigation; and investigations by regulators around the world.Miriam serves as a board member of the ADP AI & Data Ethics Committee and is a leader in MoFo’s AI Group, a cross-practice team that provides sophisticated, full-service representation to a wide range of clients with companies that both develop and use cutting-edge, rapidly changing technology in the AI space. Miriam uses her extensive industry experience and collaborative global approach to help her clients integrate the newest trends and developments in AI with their business needs.Recognized as a market leader by all major directories, Miriam has been ranked in the top tier of privacy and data security lawyers worldwide by Chambers USA and Chambers Global for well over a decade. She was an inaugural inductee into The Legal 500 Hall of Fame, which is comprised of outstanding U.S. lawyers who have been recommended as The Legal 500’s Leading Lawyers for the last six consecutive years. The Cybersecurity Docket has recognized Miriam as one of its Incident Response 50, a list of the top data breach response lawyers globally. She has been named one of Financial Times’ Top 10 Innovative Lawyers in North America and a National Law Journal Cybersecurity and Data Privacy Trailblazer for her breakthrough work in this space. Miriam was also previously designated as an Ethisphere Attorney Who Matters and a BTI Client Service All-Star. A frequent commentator on cybersecurity, she has been interviewed by media outlets including CNBC, The New York Times, and The Wall Street Journal, among many others.

Miriam Wugmeister

Jennifer Marines serves as global vice chair of Morrison Foerster, co-chair of the firm’s global Business Restructuring + Insolvency Group, a member of the Woman’s Strategy Committee, and a member of the Firm’s Finance and Benefits Committee. She has extensive experience in representing chapter 11 debtors, creditors, investors, and other parties in interest in all aspects of complex corporate restructurings, including chapter 11 cases, out-of-court restructurings, and distressed acquisitions.Jennifer has built a highly successful and peer-recognized practice in the restructuring and work-outs space, routinely representing companies and their boards in navigating complex distressed situations. Jennifer also has extensive experience advising official committees of creditors, negotiating and structuring financings and other commercial transactions, and representing clients seeking to purchase businesses and related assets out of chapter 11 proceedings. Jennifer is recognized by Chambers USA and The Legal 500 US in the area of corporate restructuring. She has recently been recognized as one of “Top Women in Dealmaking” by The Deal and a “Top Woman Dealmaker” by Global M&A Network. She has also been named an “Outstanding Young Restructuring Lawyer” for 2016–2020 by Turnarounds & Workouts and a “Bankruptcy Rising Star” for 2016 and 2017 by Law360. The American Bankruptcy Institute also honored Jennifer in 2018 as one of their “40 Under 40,” a list recognizing emerging leaders in insolvency practice.