Alerts

On May 19, 2020, the Council of the District of Columbia unanimously approved the Coronavirus Support Emergency Amendment Act of 2020 (the “Act”), which consolidates the four previous emergency acts adopted by the Council, and includes notable additions and modifications.

In today’s episode, we continue our conversation on “Force Majeure” with Partners Barbara Wahl and Bernice Leber. Our lawyers cover a few of the first COVID-related lawsuits filed, important trends, and ways to leverage mediation to avoid costly litigation.

Because COVID-19 has caused many tenants to experience significant financial hardship and cash shortfalls, their landlords that are real estate investment trusts (REITs) may experience challenges satisfying tax requirements to maintain REIT status in 2020.

On Friday, May 22, 2020, the USDA and FDA jointly released recommendations to address shortages of personal protective equipment (PPE), cloth face coverings, disinfectants, and sanitation supplies in the food and agriculture industries.

On May 22, 2020, the Small Business Administration (SBA) and US Department of Treasury released long-promised forgiveness regulations (Regulations) for the Paycheck Protection Program (PPP).

On May 22, 2020, the Environmental Protection Agency (EPA) Administrator signed a proposed rule entitled “EPA Guidance; Administrative Procedures for Issuance and Public Petitions” that provides guidance and procedures for regulatory documents issued by the agency.

The FDA has just published a list of certain already-on-the-market serology/antibody tests from commercial manufacturers that should not be distributed unless and until an Emergency Use Authorization (EUA) is issued for the test.

Earlier this month, the Supreme Court unanimously sided with fashion brand Lucky Brand Dungarees, Inc. (LB) resolving its decades-old dispute with Marcel Fashion Group, Inc. (Marcel). 

In what has been considered a huge win for community pharmacists, the Department of Health and Human Services (HHS) Office of the General Counsel (OGC) issued an Advisory Opinion on May 19, 2020.

Headlines that Matter for Companies and Executives in Regulated Industries

Under the National Labor Relations Act, the National Labor Relations Board (NLRB) conducts secret ballot elections to determine whether or not employees in a unit wish to be represented by a union.

You’ve secured a PPP Loan to help weather the pandemic. Now, the SBA and Treasury have released a Loan Forgiveness Application to help lighten your financial burden. In today’s podcast, Aaron Jacoby, Russ McRory, and Justin Goldberg discuss the rules, application, and impact on the auto industry.

On March 23, 2020, Governor Baker issued an executive order closing the “brick and mortar” operations of all non-essential businesses. Nearly two months later, on May 18, he announced his four-part plan to “reopen” the Massachusetts economy. 

On May 20, 2020, the US Department of Labor (DOL) announced a final rule that clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method under the Fair Labor Standards Act (FLSA).

Following two recent federal court decisions, states and municipalities that otherwise qualify for state action immunity from federal antitrust laws remain unlikely to lose it for allegedly acting as market participants.

Most California counties and some California cities have issued local orders related to COVID-19.

As New York City businesses prepare for New York State Governor Andrew Cuomo to lift the New York State Pause Order and reopen businesses in the five boroughs.

The US Department of Labor’s Wage and Hour Division (WHD) announced a final rule to provide a single analysis for all employers when determining whether they qualify as “retail or service” establishments for purposes of the exemption from overtime pay applicable to commission-based employees.

On May 15, 2020, the Small Business Administration (SBA) released the Loan Forgiveness Application for loans under the Paycheck Protection Program (PPP). The release of the Forgiveness Application sheds further light on the process that borrowers will use to apply for the forgiveness of PPP loans. 

On Friday, May 15, 2020, the Department of Commerce and the Bureau of Industry and Security (BIS) revised an arcane export control rule that imposes US export controls on foreign-origin products (hardware, software, and technology) that are the “direct product” of certain US technology.

The Massachusetts economy has been battered by the COVID-19 pandemic. On March 23, 2020, Massachusetts Governor Charlie Baker ordered the mandatory shutdown of non-essential businesses, curtailed essential business operations, restricted the size of gatherings, and advised citizens to stay at home.

The new bill, which follows April 23, 2020 legislation aimed at opening COVID-19 emergency response funding to cannabis businesses, offers a previously unclear path forward for financial services to the cannabis industry by amending the current restrictive regulatory framework on banking.

There have been developments in the following five proposed amendments to the California Consumer Privacy Act (CCPA).

Headlines that Matter for Companies and Executives in Regulated Industries

Your employees may be “essential,” but do they have to work? The answer is, of course, it depends.