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Executive Order Aimed at Restricting Civil Liability Protections Afforded to Social Media Companies
Buchalter, May 2020

On May 28, 2020, President Trump signed an executive order aimed at limiting the protections afforded to social media companies like Twitter and Facebook. The executive order was signed shortly after Twitter added fact-checking links to two of the President’s tweets regarding the efficacy of absentee voting from California. The Communications Decency Act The executive order is intended to modify Section 230 of the 1996 Communications Decency Act. (47 U.S.A. § 230...

Buchalter COVID-19 Client Alert: PPP Flexibility Act Passes House, Likely Vote in Senate Next Week
Buchalter, May 2020

By a near-unanimous 417-1 vote, the House has passed the PPP Flexibility Act, which if enacted would, among other things,  extend the time to utilize Payroll Protection Program (PPP) loan proceeds and obtain forgiveness, allow more time to rehire employees, and allow more of the proceeds to be used for other forgivable costs besides payroll costs.  The Senate will now consider the bill and may vote on it next week.  A copy of the bill may be found here:  https://docs...

Judicial Council Revises Its Deadline for Tolling Civil Statutes of Limitations, Including for CEQA Actions
Hanson Bridgett LLP, May 2020

Key Points The Judicial Council amended Emergency Rule 9 to provide dates certain for tolling the statutes of limitations for civil actions, which are currently tolled due to the COVID-19 state of emergency. Pursuant to the amended Emergency Rule 9, the statutes of limitations applicable to CEQA actions are tolled from April 6, 2020, until August 3, 2020...

Switching to E-commerce: Legal Checklist
ALRUD Law Firm, May 2020

The global spread of the COVID-19 coronavirus infection has led to significant changes in the Russian retail trade. This pandemic has forced millions of people to stay at home, avoid public places and, of course, buy less. To adapt to the new features of consumer behaviour, retailers need to promptly respond, adapt, or dramatically change their business processes and strategies...

A Guide to Contract Work During the Crisis
ALRUD Law Firm, May 2020

In times of the ongoing crisis, associated with the spread of the novel coronavirus infection (COVID-19), and the introduction of epidemiological requirements and restrictions, many businesses have faced difficulties with contractual performance, including the failure in supply, cancellation of scheduled events and often cutbacks in profits and the impossibility to perform monetary obligations...

Weekly Report: COVID-19 in Central America (May 16 - 22)
Consortium Legal - El Salvador, May 2020

Special Report "COVID-19 in Central America" on special measures taken in each country of our region prepared by the multidisciplinary team of Consortium Legal. The information contained in this publication is for information purposes only and does not constitute legal advice. The information is constantly updated and is subject to change...

Removal Ruling Raises Questions about Where COVID-19-Related Business Interruption Claims Should be Heard
Dinsmore & Shohl LLP, May 2020

Business interruption insurance claims related to the COVID-19 pandemic have raised numerous questions for practitioners, businesses, and insurers...

Do You Have a Cough? What Can I Ask Customers and How Do I Protect Their Privacy?
Lawson Lundell LLP, May 2020

As businesses begin to reopen, many organizations will examine ways to protect their workers and attract returning customers. Various mechanisms to screen customers for COVID-19 risks will become more common. Examples include providing customers with questionnaires regarding their travel history, exposure to others, and symptoms, or temperature scanning before entry. Organizations will be permitted to screen individuals in a reasonable manner, depending on the circumstances...

How to Identify and React to Fraud in the COVID-19 Era
Spilman Thomas & Battle, PLLC, May 2020

As we have learned through our ghosts of recessions past, the vast majority of those who become unable to pay their debts in economic downturns are honest, but unfortunate, debtors. That said, we also have learned that an appreciable number of debtors start taking drastic measures to preserve their assets and associated lifestyles during these times, sometimes engaging in a shell game designed to conceal or otherwise understate their assets when creditors start knocking on their door...

Revisiting Bankruptcy Filing Papers
Spilman Thomas & Battle, PLLC, May 2020

With the expectation that bankruptcy filings will increase over the next few months, this might be a good time to revisit the documents filed with a bankruptcy filing and the information they provide. The focus today is on the Notice of Bankruptcy, Petition, Schedules and Statement of Financial Affairs, which are always filed. There are several other papers that may be filed (required or not), depending on the bankruptcy case...

Subchapter V and the Single Asset Real Estate Debtor in a COVID-19 World
Spilman Thomas & Battle, PLLC, May 2020

Over a year ago, Congress amended the Bankruptcy Code to create Subchapter V, with the intent of encouraging small businesses (defined as those with less than $2,725,625.00 in debt) to file reorganization plans more often by saving certain costs of a routine Chapter 11. Congress then passed the CARES Act in response to the COVID-19 pandemic, raising the debt limit to $7,500,000.00...

Top 10 Bankruptcy Truths for Creditors to Know
Spilman Thomas & Battle, PLLC, May 2020

Much of the bankruptcy chatter arising from the pandemic world in which we find ourselves is now focusing on the cascade of new bankruptcy cases that are predicted to arrive soon. We have already seen the effects of closed stores and no foot traffic on some of the big names in retail (J.C. Penney, J. Crew, Neiman Marcus, Pier 1, etc.), but many consumer cases are sure to follow, the result of the staggering number of layoffs and lost jobs that the pandemic has caused...

Antitrust Does Not Shelter in Place During a Pandemic, Part 2: Dont Claim the Failing Firm Defense Unless Youre Really Failing
Lowenstein Sandler LLP, May 2020

The Federal Trade Commission (FTC) has reminded us that the “failing firm defense” is much harder to pull off than might be imagined, and that the antitrust agencies will closely analyze all “failing company” claims even during the coronavirus pandemic. In its May 27 blog post, "On “Failing” Firms — and Miraculous Recoveries,"the FTC emphasized that the defense is difficult to make and, even more to the point, often not true...

Emerging From COVID-19: Data Privacy and Security in a Changed World
Lowenstein Sandler LLP, May 2020

As millions have moved their professional and personal lives online, in-person contact during the COVID-19 pandemic has become a memory except for “essential” public services. To receive medical care or an education, be entertained, conduct business, shop for essentials, and engage in online gaming, Americans have few options but to fill in the blanks with their personal information. Individuals, consumers, and business contacts are becoming acutely aware of the risks...

Deferred Compensation Considerations in the Wake of the COVID-19 Pandemic
Lowenstein Sandler LLP, May 2020

As the COVID-19 pandemic continues to unfold, both employers and employees are faced with liquidity issues, furloughs, layoffs, and the reduction of hours. In order to conserve cash, employers may be looking for ways to delay payments of deferred compensation and employees may be looking for ways to accelerate the payments of deferred compensation...

COVID-19: Considerations in Stock Option Repricing
Lowenstein Sandler LLP, May 2020

In the past weeks, many companies, both public and private, have seen their stock prices and values decline because of the economic disruption caused by COVID-19. As a result, outstanding stock options may no longer provide adequate incentives, as their exercise prices may be well above the current fair market value for the company’s common stock (i.e., the options are “underwater”)...

PPP Loan Forgiveness and Review: Key Observations - Part II
Dykema, May 2020

The SBA issued anInterim Final Rule(“IFR”) regarding PPP loan forgiveness on May 22, 2020, to supplement thePPP Loan Forgiveness Applicationand instructions issued one week earlier. While the new IFR did not provide a great deal of new guidance, below is a list of our key observations, which supplements our prior observations on the application itself, which are repeated at the end of this Alert...

New Measures Taken by the Chilean Authority Against the Pandemic
Carey, May 2020

I. Update of sanitary measures published this week in the Official Gazette On Wednesday, May 13, Resolution No. 341 of the Ministry of Health was published, which provides for a series of sanitary measures, among which the following stand out, since they modify measures that have been implemented to date: Any concentration of more than 50 people in a certain place, regardless of its nature, or whether it takes place in open or closed spaces, is forbidden...

New Development in Insurance Regime: Insurance Amendment Bill and Insurance Amendment (No. 2) Bill
Deacons, May 2020

Two new bills, the Insurance Amendment Bill and the Insurance Amendment (No. 2) Bill have recently been gazetted making significant changes to the regulatory regime for insurance companies. Insurance Amendment Bill Special purpose insurer An amendment is made to allow registration of an insurance company which engages in special purpose business only...

Companies Can Bank On Continued U.S. EPA Enforcement Against Unregistered Pesticide Products
Hanson Bridgett LLP, May 2020

Key Points U.S. EPA is continuing to regulate and prevent sham COVID-19 products and devices from entering the market under FIFRA. EPA's distinction in regulating pesticide substances versus pesticide devices can cause confusion, but can be addressed if companies take proactive steps to ensure their product's compliance with the requisite legal framework, and self-report when in doubt. As noted in our prior alerts, available here and here, U.S...

Buchalter COVID-19 Client Alert: OCCs CRA Final Rule
Buchalter, May 2020

On May 20, 2020, the Office of the Comptroller of the Currency (OCC) issued as new final rule updating various aspects of the requirements of the Community Reinvestment Act (CRA).  The rule is effective on October 1, 2020. Banks regulated by the OCC must comply with the final amendments by October 1, 2020, January 1, 2023, or January 1, 2024, as applicable...

Myanmar Legal Update: Myanmar Lifts Restriction on Importation of Foreign Alcohol
DFDL, May 2020

In order to curb illegal importation, facilitate the sale and consumption of quality products in fulfilment of market demand and accurately assess and collect tax by the State, the Ministry of Commerce (“MOC”) issued Notification no. 38/2020 (“Notification-38”) on 25 May 2020 to remove foreign alcoholic spirits from the import restriction list. Although Notification-38 removes foreign alcoholic spirits from the list beer remains restricted...

PPP Math for the Self-Employed: And, Yes, There is Still Time
Verrill, May 2020

The Small Business Administration reports that as of May 23 it still had nearly $150 billion of untapped Paycheck Protection Program funds. The Program has been underutilized by self-employed business owners, in part due to complexity. Those micro-businesses, however, make up a significant slice of the U.S. economy and generally would be eligible for PPP funding. This article illustrates potential PPP benefits for a self-employed owner with no employees...

Buchalter COVID-19 Client Alert: Treasury Issues New Interim Final Rule Re PPP Loan Forgiveness
Buchalter, May 2020

On May 22, Treasury issued a new Interim Final Rule (“IFR”) regarding Small Business Administration (“SBA”) Payroll Protection Program (”PPP”) loan forgiveness. Much of the IFR repeats information previously published by Treasury and SBA in the loan forgiveness form application and accompanying instructions. See March 19, 2020 Buchalter Client Alert COVID-19: Treasury Issues Application for SBA PPP Loan Forgiveness...

Buchalter COVID-19 Client Alert: Mitigating Exposure to Employee COVID-19 Illness Claims
Buchalter, May 2020

As more workers begin to return to the workplace, it is expected that there will be an increase in the number of lawsuits related to employee contraction of the virus in the workplace. While the general rule in most states is that the workers’ compensation system provides the exclusive remedy for work-related injuries and illnesses, claimants and their attorneys are eyeing exceptions to the workers’ compensation system in order to maximize their potential recovery...

 

 

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