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It may, once again, be time for employers to review and update their COVID-19 workplace safety policies.

Sighs of relief due to newfound clarity about whether they were required to quickly implement a vaccinate-or-test policy, coupled with off-pitch renditions of Taylor Swift’s Stay Stay Stay were likely heard from the offices of large employers Thursday afternoon, January 13, 2022, after the Supreme Court’s decision to temporarily stay the Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) was released.

Large employers likely had a particularly bad case of the Mondays this week after a weekend of anticipating whether the Supreme Court would stay the Occupational Safety and Health Administration’s (“OSHA”) + (“ETS”) as a result of oral arguments presented on Friday, January 7, 2022.

For more than a year, the Covid-19 pandemic has caused economic turmoil and uncertainty different from the financial crisis in 2008.

“Will Institutional Shareholder Services (“ISS”) and Glass Lewis recommend against us if we adopt a poison pill?” This is among the most common questions directors ask outside advisors as boards across corporate America ponder whether a shareholder rights plan (a/k/a “poison pill”) is a prudent measure for their companies to adopt during extreme market volatility amidst the COVID-19 pandemic.