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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.

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.

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.

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).

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

On May 12, the California Department of Consumer Affairs (DCA) issued an Order Waiving Restrictions on Pharmacists Ordering and Collecting Specimens for COVID-19 Tests, under the authority of California Governor Newsom’s March 30 Executive Order.

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.

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. 

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.

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.

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.

May 27, 2020

Stephanie Trunk will present during the ABA International Law Section’s 2020 virtual annual meeting. She will discuss how different jurisdictions address consumers’ demand for affordability of prescription drug and medical devices.

If you’re not a “small business,” it’s time to return the loans.

International practice co-leader Malcolm McNeil was recently quoted in a FOXBusiness article that discusses the recent plunging oil prices that have devastated Texas oil companies.

May 18, 2020

Partner Christine McGuinness will join a panel discussion about new challenges and opportunities in leasing to cannabis businesses.

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

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.

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.

On April 4, 2020, President Trump issued Executive Order (EO) 13913, “Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector.” 

The Seventh Circuit recently resolved a false advertising lawsuit involving beer giants Anheuser-Busch, the maker of Bud Light, and Molson Coors, which makes Miller Light and Coors Light. At the center of the dispute – one of the more high-profile advertising disputes in recent years – was corn syru

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

Notable developments involving eligibility under the Paycheck Protection Program and the PPP’s loan forgiveness process have occurred in recent days.