Category: News Feeds

COVID-19 is affecting every facet of our lives, and the world of surrogacy is no exception. The news is changing so fast that anything written today will likely be out of date tomorrow. However, in the effort to provide helpful information, here’s the latest.

Expect Delays. We are all being told to stay home and not leave unless it’s an absolute necessity. So it is no surprise that we are seeing delays and postponements for clinical and other providers. The European Society of Human Reproduction and Embryology (ESHRE) issued a statement on March 14. That date was a Saturday, so you know things are really drastic.

The statement from the European entity said: “As a precautionary measure — and in line with the position of other scientific societies in reproductive medicine — we advise that all fertility patients considering or planning treatment, even if they do not meet the diagnostic criteria for Covid-19 infection, should avoid becoming pregnant at this time. For those patients already having treatment, we suggest considering deferred pregnancy with oocyte or embryo freezing for later embryo transfer.”

So halt everything for now. But that’s Europe.

What about in the United States? I spoke with fertility specialist Dr. Althea O’Shaughnessy, on Monday, March 16, as to what she is seeing in the United States and with her practice. At that time (two days ago), she explained that things were generally still full speed ahead but subject to change. The next day, March 17, her clinic announced that all noninitiated frozen embryo transfers and intrauterine inseminations were cancelled or indefinitely postponed. Shortly after that announcement, the American Society for Reproductive Medicine (ASRM), the American counterpart to ESHRE, issued new guidance with the following recommendations.

• Suspend initiation of new treatment cycles, including ovulation induction, intrauterine insemination (IUIs), in vitro fertilization (IVF) including retrievals and frozen embryo transfers, as well as nonurgent gamete cryopreservation.
• Strongly consider cancellation of all embryo transfers whether fresh or frozen.
• Continue to care for patients who are currently “in-cycle” or who require urgent stimulation and cryopreservation.
• Suspend elective surgeries and nonurgent diagnostic procedures.
• Minimize in-person interactions and increase utilization of telehealth.

O’Shaughnessy explained that if a patient was actively in a cycle –- meaning that her body has been subject to the medical protocol to prepare for an egg retrieval, for example, and there was a risk of hyperstimulation if she did not go through with the retrieval -– then even if the patient was showing active signs of illness, the clinic may go forward with the procedure for the safety of the patient. The clinic would, of course, take all precautions for its staff. Moreover, O’Shaughnessy clarified that the clinic was proceeding with IVF cycles for cancer patients needing to freeze eggs or embryos prior to gonadotoxic chemotherapy.

COVID-19, so far, isn’t believed to be like the Zika virus, where there was a reason to fear birth defects for pregnant women who contracted the disease. But the evidence for that good news is scant so far, and at least one country has designated pregnant women as an “at risk” group.

Have A Plan A–Z. Or At Least Through C.

Of course, in more urgent matters, numerous intended parents are awaiting the imminent birth of their children via surrogacy. And while everyone is concerned for the health of the surrogate and the child, there is also a basic problem of logistics. Many intended parents do not live locally to their surrogates, and some are in Europe or China, making travel especially difficult.

I spoke with Carey Flamer-Powell, the director of a surrogacy matching and support program in the United States. Flamer-Powell explained that while the current situation is stressful for many, her organization has always required a three-step plan for intended parents to be responsible for their children in case they are unable to make it to the birth. For Plan A, intended parents should be doing everything they can to be sure at least one of them can make it to the birth to care for their child from the first moment. She noted that one parent she worked with from China recently had to route through Thailand, go through a 14-day quarantine, and then was allowed to proceed to the United States. He missed his child’s birth by two days, but was thankful to have made it fairly close behind.

For Plan B, all intended parents must have a local caregiver ready to take care of the child. That can be as simple as having a local friend or family member or a paid caregiver. Flamer-Powell explained that Plan C was that her organization would step in and provide care. (For an example of this happening, check out this podcast episode.) She has worked with other professionals in the field to form a network of people throughout the United States, and they are ready and willing to step in and provide care for a newborn if called to do so. That is one of those heartwarming moments where it is nice to see competitors coming together during difficult times, collaborating for the greater good.

Limiting In-Person Contact May Be Especially Significant. One provision of every basic surrogacy contract addresses who is permitted to be in the delivery room. Generally, the concern is only an issue when a C-section is necessary and the anesthesiologist limits persons present in the room. It may result in a difficult choice between the surrogate’s spouse (or other support person) or one of the intended parents being there to see their child come into the world. Now, that choice may become standard even if the birth isn’t by C-section, or, worse, a surrogate may be on her own, without anyone aside from medically necessary persons present as hospitals work on evolving protocols to minimize risk. And, if intended parents, or support persons, meet certain risk criteria, they may not be permitted in the hospital at all!

Legal Problems Ahead. In almost every state, the law presumes that a woman giving birth is the legal parent of the child. A judicial process is used to correctly name the intended parents as the legal parents of the child, and to relieve the surrogate of any presumed responsibility. As courts close, these legal presumptions are likely to become a bigger problem. Temporary fixes will need to be utilized –- such as delegations of power –- and birth certificates may be issued late or may need to be amended.

In the meantime, some of the routine work of surrogacy, such as the legal contracts, is charging ahead and incorporating new COVID-19 clauses. These are predictable so far; basically that everyone agrees to follow doctor’s recommendations to minimize risk. And I suspect these will expand to requiring parties to also follow governmental edicts and recommendation.

Of course, the situation could look very different in a week. Or tomorrow. Here’s to hoping it doesn’t get that much worse, and that we see improvement soon. In the meantime, take all of this seriously. Listen to what the professionals are saying. And be safe. For you and your future children.

Ellen Trachman is the Managing Attorney of Trachman Law Center, LLC, a Denver-based law firm specializing in assisted reproductive technology law, and co-host of the podcast I Want To Put A Baby In You. You can reach her at babies@abovethelaw.com.

The reality of 2020 is that schools — even law schools — have moved online. Perhaps in person instruction will resurface before the end of the semester, maybe, but for now the reality is online classes.

Zoom School of Law is a mixed bag. Professors were not prepared to move their classes online due to a pandemic. Students are finding it’s even harder to concentrate from home with the constant blitz of coronavirus news as a backdrop than it ever was in the physical law school building. Plus there’s the constant stress and anxiety as no one knows exactly how or when this will end or what long term impact it will have on society — and on law school grades.

Alex Nunn, law professor at University of Arkansas School of Law, understands. And rather that force students to still through another boring lecture, he’s decided to spice it up. What does that mean? There are graphics, obvi, but more importantly it’s sprinkled with humor about the impending apocalypse making it a true gem.

Anyway, watch the two minute preview of the class. It’s definitely worth your chickens and pedialyte.

Is your law prof also hitting online classes out of the park during the pandemic? We’d love to hear about it! Please text (646-820-8477) or email us (subject line: “[Law School] Funny Lectures”) with your best stories about law school remote teaching. Please include clips if available.

Stay safe out there, and wash your hands!

Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

While we are well-positioned to execute the combination on April 1, we believe the decision to postpone is in the best interest of our attorneys, staff, and clients. Postponing the merger will allow our attorneys to remain focused on excellent client care and will allow all our people to prioritize the health and safety of their families and themselves at this difficult time.

—  an except from an announcement posted on the Troutman Sanders website, announcing that its planned merger with Pepper Hamilton is being postponed until July 1, 2020. When the merger is complete this summer, the combined firm of Troutman Pepper will have 1,100 lawyers across 23 offices.

Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

Ed. note: This was written with one hand while helping a toddler with the other and rocking an infant in a carrier with one foot, which is a far more realistic work-from-home childcare plan than the federal government has offered.

Thanks to the global pandemic that is the coronavirus, law firms of all kinds are bending over backwards to offer their employees feasible work-from-home platforms so that business may go on as usual — or as close to usual as possible. Of course, this isn’t always possible when children are involved, and while the coronavirus crisis is ongoing, children are going to be heavily involved in their parents’ lives.

For the purposes of social distancing, schools in many states have closed their doors and have turned to virtual classrooms, with e-learning plans in effect for students in preschool all the way through high school. Some parents are now lawyers and teachers, which throws a wrench into the whole concept of working from home.

But not to worry, because certain federal agencies have come up with a way for parents to manage both their work and childcare responsibilities. The example schedule below reportedly comes from the Securities and Exchange Commission, and it’s been described by sources in the following colorful ways:

• “Fucking insane”;
• “Nauseating”; and
• “Even more burdensome than parenting regularly is.”

Without further ado, here’s a federal agency’s ideas for a feasible WFH childcare plan:

What kind of fantasyland does this childcare plan come from? When (not if) I’m awake at 5:30 a.m., it’s because I’ve already started my childcare “tour of duty” for the day. No day exists where a parent without household help doesn’t have to perform childcare responsibilities prior to 9:30 a.m. If you think a parent is going to have uninterrupted time in the afternoon to do work from 3 to 6 p.m., then you’ve got another thing coming. The only realistic aspects of this plan are the fact that there’s no time for the parent to eat or sleep for more than five-and-a-half hours (at least that’s what it’s like in a household with a 3-year-old and a 3-month-old).

Much like the parents who are expected to model their work-from-home and childcare arrangements after this example, this isn’t going to work.

Earlier: Prior ATL coverage of the coronavirus crisis

Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

The coronavirus pandemic is going to throw a wrench into the world economy and our current way of life. Governments are banning social gatherings and shutting down certain businesses in the name of public safety. Everyone is practicing social distancing. Businesses are adapting by allowing some employees to work from home, reducing hours and laying off others. Despite those mitigation efforts, many of the forecasts are that infection rates will increase. Some of the infected will become seriously ill which means that they and their families will be burdened with high medical costs and lost earnings. It will only be a matter of time before someone you know is infected by the novel coronavirus. You might be infected. We must all be prepared.

Thankfully, the government is acting. The Federal Reserve reduced the interest rate to an all-time low. Congress is quickly working on a relief bill that would provide sick leave, emergency loans and free coronavirus testing. President Donald Trump announced that federal student loan interest accrual will be halted. And Treasury Secretary Steven Mnuchin said that tax payments can be delayed for up to 90 days although the filing deadline has remained the same.

Can anything be done to improve your position during this crisis? Should you pay off your federal loans and switch to a private loan with lower interest rates? Or should you try to make the most of it by investing or purchasing a house? Or just wait and see what happens? Of course, everyone has their own goals and levels of risk tolerance so it’s hard to give a one-size-fits-all approach. Instead, I would like to offer a few things to think about.

First, and most importantly, do what you can to stay healthy. Avoid activities that can expose you to the coronavirus. The ROI on your ETFs means little in the ICU. Make sure your health insurance premiums are paid up and have a fund ready to pay any co-pays and deductibles in case the worst happens. Start a tax-deductible health savings account if you have a high-deductible plan.

Second, prepare yourself for a layoff. Lawyers are not likely to be laid off immediately but if the recession continues for a prolonged period of time, the chances are higher. Understand your state’s unemployment benefit rules and how to qualify for them, particularly constructive dismissal and wrongful termination laws. Save money to prepare to pay upcoming bills. While it is nice of you to purchase gift certificates for your favorite local restaurant or give a large tip, remember to put on your oxygen mask before helping others put on theirs.

Speaking of unemployment benefits, while it is common knowledge that self-employed people are not eligible, there might be a way around it. For example, in California and some other states, a shareholder of a corporation who is also an officer-employee can be laid off by the corporation and still qualify for unemployment and disability benefits. However, the amount of the benefit will depend on his W-2 salary from the corporation. Those who lowballed their salary will be stuck with lower unemployment benefits. That information could be useful for clients who are restaurant or fitness gym owners whose businesses were forcibly closed by the government.

Third, consider the pros and cons of refinancing out of your federal student loans. While the lower interest rates of private student loans might tempt you to ditch your federal loans with the 6.8% interest rate, remember what you are giving up. Private loans generally do not have income-based repayment plans in case you get laid off or fall on hard times. And private lenders don’t have a PSLF program since they couldn’t care less if you spent 10 years helping the indigent. They may work with you in the short run through forbearances or an altered payment plan, but in the long run, they want to get paid. And they will not qualify for any interest or payment relief proposals currently in the works.

Speaking of which, President Trump only mentioned an interest accrual halt on existing federal student loans. He did not mention payment relief. So while you will have to continue making your current payments, at least it will pay down the principal faster. This will be most beneficial to those who plan to pay off their loans although refinancing might be an alternative option. For those on IBR plans paying $100 per month on a $400,000 student loan bill until forgiveness, stopping interest won’t help them much. Considering the dire economic circumstances, payment relief would be more appropriate.

Fourth, during your self-quarantine, look for state and local relief efforts that you can take advantage of. For example, New York is suspending state debt collection –- including student loan and medical bills -– owed to the state. California will extend tax-return filing and payment deadlines.

And last, should you invest or buy a house? Honestly, I don’t know. I’m not a financial advisor nor can I predict the future. You might have some hot stock tips (my email is below) or see a house that is just right for you. If you saved a nest egg during the economic boom and see a deal on a house, then it might be a good idea to make an offer. A diversified index fund might be a good place to put your money. Or you should max out your 401(k). Or you can take a shot at buying Blue Apron stock hoping it will make a comeback since fewer people will be eating out. All I can say is don’t invest with your rent money or your emergency medical fund.

In these chaotic times, we should be prepared to weather the storm. But the uncertainty could provide opportunities to improve our financial position in the long run. Personally, I think it is best to wait and see. Governments are trying to figure out what to do and the market is trying to adjust. Making a rushed decision is a gamble and can be a major financial mistake. But keep an eye on what’s going on and act accordingly. And in the meantime, stay healthy.

Steven Chung is a tax attorney in Los Angeles, California. He helps people with basic tax planning and resolve tax disputes. He is also sympathetic to people with large student loans. He can be reached via email at sachimalbe@excite.com. Or you can connect with him on Twitter (@stevenchung) and connect with him on LinkedIn.

We are sufficiently familiar with the COVID-19 outbreak that cancellations are the new normal. So when the Law School Admission Council, the group that administers the LSAT, announced earlier this week that they were canceling the March administration of the law school entrance exam worldwide, well, it wasn’t much of a shock.

Indeed, LSAC president Kellye Testy told Law.com that applicants were actually happy about the change:

“They not only expected it, it was met with great relief,” Testy said, noting that the council has received many emails and online comments saying it did the right thing.

And procrastinators around the world rejoiced.

Those who were registered for the March 30th exam will be automatically registered for the next administration in their area. For those in the United States, Canada, Puerto Rico, and the U.S. Virgin Islands that means the April 25th LSAT, while folks in other locations will have to wait until June.

The good news is that of the ~9,000 people signed up for the March test, only 470 were planning on using the score in fall 2020 admissions. At least as far as law school admissions goes, coronavirus appears to have excellent timing.

“Thankfully, we’re pretty far along in the [current] admission cycle,” Testy said. “Most schools already had deadlines, or have them in early April. Most students are already tested and are maybe finishing up applications. There’s not many who are really in need of that score in order to apply.”

As of now, only the March administration has been canceled, but the LSAC is working on contingencies in case the April test also needs to be dropped too. Testy said they’re considering adding a May administration of the LSAT as well as a remote administration of the entrance exam. That a remote LSAT is even in discussion is only because the exam moved over to to a digital format last year — a move that’s gone over pretty well — and it has given the LSAC the experience to think outside the box during the pandemic:

Testy noted that the writing portion of the LSAT is currently administered remotely. “You’re sitting in your home, and there is a software system that allows you to take the test from your own computer. The idea is that you can take it remotely, and it would be secure.”

Hopefully this makes applying to law school during a global health crisis a little easier.

Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).