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COVID-19 and Unprecedented: Litigation Insights, Issue 28
Spilman Thomas & Battle, PLLC, October 2020

This 28th edition of Unprecedented, our weekly update on COVID-19-related litigation, includes a number of updates on the mounting number of business interruption coverage disputes -- including a claim against a broker whose alleged failure to obtain infectious disease coverage left the insured without coverage for COVID-19-induced losses...

CFIUS: Now More Complicated and More Expensive
Dinsmore & Shohl LLP, October 2020

Effective Oct. 15, 2020[1], the Committee on Foreign Investment in the United States’ (CFIUS) mandatory filing requirement will shift from a critical technology[2], industry-specific focus to one focused on export controls. It will focus on whether the U.S. regulatory authorization would be required to export the target U.S. business’ critical technology to the foreign person party to the transaction, including certain parties in the foreign person’s ownership chain...

SEC Issues Additional Form CRS Guidance
Dinsmore & Shohl LLP, October 2020

On Oct. 8, 2020 the SEC issued a joint statement on additional Form CRS guidance regarding firms’ disciplinary history. The statement was released in tandem with several new FAQs, which help clarify firms’ disclosure obligations as they relate to disciplinary history. The update guidance comes in response to the SEC’s early review of firms’ Form CRS filings...

Weekly Digest: COVID-19 Resources from Bradley
Bradley Arant Boult Cummings LLP, October 2020

This digest is a curated list of Bradley content regarding the coronavirus. In an effort to provide our clients with the easiest way to find information that may be beneficial in responding to the impact of COVID-19, we have provided links to our most recent blog posts, news alerts, webinar recordings and more. Additionally, this digest will now be deployed on a weekly basis in an effort to reduce the number of emails our clients receive...

Weekly Digest: COVID-19 Resources from Bradley
Bradley Arant Boult Cummings LLP, October 2020

This digest is a curated list of Bradley content regarding the coronavirus. In an effort to provide our clients with the easiest way to find information that may be beneficial in responding to the impact of COVID-19, we have provided links to our most recent blog posts, news alerts, webinar recordings and more. Additionally, this digest will now be deployed on a weekly basis in an effort to reduce the number of emails our clients receive...

With Its Latest National Enforcement Initiative, DOJ Continues to Focus on Fraudulent Telemedicine Themes
Morris, Manning & Martin, LLP, October 2020

On September 30, 2020, The Department of Justice (DOJ) announced the results of a sweeping joint healthcare fraud and opioid takedown that resulted in charges against 345 different defendants who were responsible for over $6 billion in government losses involving fraudulent healthcare services and improper billing. This was the largest healthcare fraud enforcement action in the history of the DOJ...

Supervision by Banco de Portugal of Activities Involving Virtual Assets
PLMJ, October 2020

Law 58/2020 of 31 August implements into Portuguese law Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing. It enshrines in the Portuguese legal framework a first approach to the regulation of entities that engage in activities with virtual assets...

Clear as Mud? Understanding The Fed's Change in Control Rules and Common Inadvertent Violations
Hunton Andrews Kurth LLP, October 2020

The Board of Governors of the Federal Reserve System (the “Fed”), the Office of the Comptroller of the Currency (the “OCC”), and the Federal Deposit Insurance Corporation (the “FDIC”) each have regulations implementing the Change in Bank Control Act (12 U.S.C...

Three Key Things in Health Care - October 13, 2020
Hunton Andrews Kurth LLP, October 2020

THREE KEY THINGS IN HEALTH CAREFrom the Health Care Practice of Hunton Andrews Kurth LLP   HCA Healthcare’s announcement that it will be returning $1.6 billion in Provider Relief Funds illustrates the challenges facing providers in accounting for PRFs under shifting guidance from the Centers for Medicare and Medicaid Services...

Philippine Legislation in the Pipeline: Can Local Authorities Regulate the “Internet”?
SyCip Salazar Hernandez & Gatmaitan, October 2020

The electronic commerce industry is expected to expand by five to seven percent in the coming years while the streaming services business is also expected to exponentially grow, with more and more Filipinos opting to do their transactions online, as well as accessing Internet-based content and entertainment. Philippine authorities are inevitably focusing their regulatory gaze on these enterprises.  A...

PCC Issues Rules Implementing Section 4(eee) of Bayanihan 2 on the Transaction Value Threshold for the Exemption from Compulsory Notification
SyCip Salazar Hernandez & Gatmaitan, October 2020

The Philippine Competition Commission (PCC) has issued the rules for the implementation of Section 4(eee) of Republic Act No. 11494, the “Bayanihan to Recover as One Act” (Bayanihan 2)1 on October 5, 2020 and these rules (PCC Rules on Bayanihan 2) 2 were published, and thus became effective, from the same date...

Arendt Weekly Update - 9 October 2020
Arendt & Medernach, October 2020

 The Arendt Weekly Update is a newsletter designed to give you the insight you need without overloading your mailbox. It lists the latest news, topical webinars, training courses and more...

Buchalter COVID-19 Client Alert: New PPP Guidance Simplifies Forgiveness Application Process for Small PPP Loans of $50,000 or Less; Clarifies Lenders’ Responsibilities Regarding Review of Borrower Calculations and Documentation of Forgivable Eligible Costs for Such Small Loans
Buchalter, October 2020

On October 8, Treasury issued a new Interim Final Rule Re Additional Revisions to Loan Forgiveness and Loan Review Procedures Interim Final Rules (new IFR), along with a new Loan Forgiveness Application Form 3508S and Instructions for the new Form, addressing applications for forgiveness of PPP loans of $50,000 or less.  Links to the new IFR, the new Form 3508S, and the new Instructions for Form 3508S are set out below...

Securities and Exchange Commission Rescinds Guide 3
Dinsmore & Shohl LLP, October 2020

Since the 1960s, the United Stated Securities and Exchange Commission (SEC or Commission) has implemented several “Guides” for business disclosure by certain SEC registrants involved in banking, oil and gas, real estate, insurance, and mining activities...

CFPB Withdraws Former Marketing Services Agreement Guidance; Issues New Frequently Asked Questions Regarding RESPA Section 8 and MSAs
Buchalter, October 2020

On October 7, the Consumer Financial Protection Bureau (CFPB) took steps to clarify its interpretation of how settlement service providers may comply with the “no kickback” and “unearned fee” provisions of Section 8 of the Real Estate Settlement Procedures Act (RESPA) by promulgating a new set of Frequently Asked Questions (FAQs). The FAQs provided several concrete examples to shed light on what activities are allowed under those provisions...

Alabama Law and Practice
Bradley Arant Boult Cummings LLP, October 2020

The US Regional Employment 2020 features 14 states. The guide provides expert legal commentary on the impact of COVID-19 on the workplace, the "Black Lives Matter" and "Me Too" movements, unions, the National Labor Relations Board, the interviewing process, restrictive covenants, discrimination and harassment, and whistle-blower claims. Bradley attorneys authored the Alabama and Tennessee chapters of the US Regional Employment 2020 featured below...

Coronavirus: Financing Moratoriums
PLMJ, October 2020

To combat the economic consequences of the COVID-19 pandemic, the government approved Decree-Law 10-J/2020 of March 26 (the “Decree-Law”). The Decree-Law established a set of economic measures to protect liquidity and treasury, and in this document, we focus on the financing moratorium...

Last Call to Implement Electronic Voting and/or Voting by Letter for Covid-Proof Social Elections
ALTIUS/Tiberghien, October 2020

 In principle, the decision to vote electronically should have been taken as early as February 2020, at a time when few had ever heard of Covid-19. Companies that did not do so at that time but, as a result of Covid-19, would like to do so now for security reasons or because their staff still (mostly) work from home, have been given the opportunity to still introduce electronic voting. However, they have to reach an agreement on this issue at the latest on day X + 56 (i.e...

Russian Bankruptcy Moratorium Extended until January, 2021
ALRUD Law Firm, October 2020

This is to inform you that the Resolution of the Government of the Russian Federation dated October 01, 2020 No. 1587, has extended the moratorium on bankruptcy of companies, at the request of their creditors, until January 07, 2021. In this regard, we would like to draw your attention to the key provisions related to the moratorium regime and its extension. Moratorium – the first results...

Ohio Introduces Proposed Legislation to Expand Telehealth Services
Dinsmore & Shohl LLP, October 2020

Ohio legislators recently introduced proposed H.B. 679, expanding telehealth services. As a result of the COVID-19 pandemic, telehealth has become more prevalent and necessary. Ohio lawmakers realize telehealth is only going to become more widespread in the future, as patient usage and acceptance continue to grow. If enacted, H.B...

New California Family Rights Act: State Family Care and Medical Leave Expanded
Hanson Bridgett LLP, October 2020

Key Points Effective Jan. 1, 2021, most California employees — even those who work for very small businesses — will be entitled to 12 weeks of job-protected time off work under the CFRA for qualifying reasons. Qualifying reasons for leave are broadly defined to include caring for a family member — including grandparents, grandchildren, adult children and siblings — with a serious health condition...

A Refresher For Govt Contractors On Bid Protest Intervention
Bradley Arant Boult Cummings LLP, October 2020

As a result of increased government spending at the end of the government's fiscal year — the 12-month period beginning on Oct. 1 and ending on Sept. 30 — the number of bid protest filings peaks in October. Accordingly, government contractors should be particularly mindful this time of year of their rights with respect to intervening in bid protests both at the U.S. Government Accountability Office and the U.S. Court of Federal Claims...

Leasing Healthcare Employees? Don’t Overlook The Benefits Traps, Part III
Bradley Arant Boult Cummings LLP, October 2020

As noted in Part I and Part II of this series, benefits compliance concerns typically take a backseat to the many good reasons for healthcare organizations to provide or receive the services of leased employees. However, with sufficient awareness, these compliance issues, which often have surprisingly outsized risks, can generally be managed without disrupting the aims of the employee leasing arrangement...

Expanding the Beachhead: Why Banks Should be Using the Main Street Lending Facilities
Hunton Andrews Kurth LLP, October 2020

The Federal Reserve, using CARES Act funding, has created a number of Main Street Lending Facilities (“MSLFs”). The two that should be of interest to most bankers are the Main Street New Loan Facility (“MSNLF”) and the Main Street Priority Loan Facility (“MSPLF”). These two facilities should enable banks that have successfully moved business from competitors pursuant to the Paycheck Protection Program (“PPP”) to continue such efforts...

Jason Habinsky in Bloomberg Law: ‘My Brain’s Not as Sharp: COVID Woes Stalk Workers Back on Job’
Haynes and Boone, LLP, October 2020

Haynes and Boone, LLP Partner Jason Habinsky talked with Bloomberg Law about labor and employment implications for employers at companies with COVID-19 survivors.Below is an excerpt:Millions of people could be dealing with medical issues including heart, kidney and lung damage long after the pandemic subsides...

 

 

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