Many clients who are engaged in litigation may also now be facing the added burden of decreased cash flow due to the economic crisis created by the COVID-19 pandemic. While courts around the country may view the situation differently, Dinsmore attorneys were recently able to help a corporate client obtain an early, administrative closure of their case due to the economic crisis they are experiencing at this time ...
As some businesses are reopening while COVID-19 plateaus, many employees are splitting time between working from home and working in the office. Those same employees are often using their own devices (phones, tablets, laptops etc.) in both places. The use of personal devices in a work setting can increase risk of a data breach ...
The IRS has issued Notice 2020-32 addressing the ability to deduct expenses paid with proceeds of Paycheck Protection Program loans. Under Section 1102 of the CARES Act, qualifying businesses are eligible for Small Business Administration Paycheck Protection loans of up to 2.5 times their average monthly payroll, calculated as defined in the Act ...
The Occupational Safety and Health Administration (OSHA) is making a concerted effort to investigate coronavirus-related cases in which employers allegedly inadequately protected their workers from the pandemic, according to USA Today.[1] A total of 192 COVID-related inspections were launched between Feb. 19 and April 23. The health care industry, including hospitals, skilled nursing facilities, and assisted living facilities, appears to be the focus of the OSHA investigations ...
WHAT'S NEW COVID-19 Business Strategies Hub Since the news first broke about the COVID-19 pandemic and its impact on the global economy, Dinsmore has worked diligently to create the COVID-19 Business Strategies Hub. The Hub features attorney insights and complementary webinars to help you prepare and respond to legal, regulatory, and commercial implications related to the crisis ...
Ohio Department of Health (ODH) Director Amy Acton, M.D., MPH, has issued a comprehensive “Stay Safe Ohio” Order to be effective May 1, which, among many other things, reopens ambulatory care in Ohio. The new “Stay Safe Ohio” Order is available here and recognizes the “sacrifices and incredible efforts” of Ohioans, which make it possible to begin lifting restrictions ...
On April 27, 2020 the SEC updated its Division of Investment Management Coronavirus (COVID-19) Response FAQ and addressed a question pertinent to our article dated April 17, 2020. Question II ...
In the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Congress – among other things – directed U.S. Secretary of Education Betsy DeVos to report regarding waivers of children’s rights under the IDEA and Section 504 of the Rehabilitation Act. On April 27, DeVos announced she would not recommend that Congress pass any additional waivers concerning the requirements in those acts ...
On April 27, 2020, the Ohio Department of Health (ODH) Director Amy Acton, M.D., MPH, and Governor Mike DeWine announced surgeries that do not require an overnight stay may proceed on May 1, 2020. Other surgeries that meet current essential standards may continue to be performed. Additionally, dental offices and veterinary offices can resume operations on May 1, 2020 ...
In anticipation of federal and state restrictions lifting as COVID-19 cases and deaths decrease, employers should start planning their employees’ return to work now. Employers must continue to follow the CDC, WHO, and state guidance to maintain a safe workplace while also complying with multiple employment laws. The following are general considerations for employers who are strategizing their return to work ...
On April 27, 2020, members of the Ohio House of Representatives released the Open Ohio Responsibly Framework. This framework contains recommended guidelines for opening Ohio businesses beginning on or before May 1, 2020, after weeks of business closures due to the COVID-19 pandemic ...
After the nearly $350 billion in funds allocated to the Paycheck Protection Program (PPP) under the CARES Act were depleted in mid-April, Congress has approved an additional $310 billion in funds for the program. These additional funds arrive after a wave of backlash over certain businesses, such as national chains, received PPP loans ...
On April 26, 2020, the U.S. Center for Disease Control and Prevention (CDC) updated its guidance to add six new symptoms of COVID-19. Based on this update, individuals should be cognizant of the new symptoms while self-monitoring for COVID-19 and employers should update their employee health screening procedures ...
On April 23, 2020, the Equal Employment Opportunity Commission (EEOC) released new guidance that permits employers to test employees for COVID-19. In an update to its publication, “What You Should Know about COVID-19 and the ADA, the Rehabilitation Act, and other EEO Laws,”[1] the EEOC advised that an employer “may choose to administer COVID-19 testing to employees before they enter the workplace to determine if they have the virus ...
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act allocated $100 billion to the United States Health and Human Services Department (“HHS”) to provide financial relief for eligible health care providers. The first $30 billion of what is now known as the CARES Act Provider Relief Fund was released earlier in April. This initial wave was allocated among providers in proportion to their 2019 Medicare fee-for-service payments ...
The Supreme Court of Appeals of West Virginia upheld the constitutionality of the Workplace Freedom Act in a 5-0 decision, with one justice dissenting in part. The decision removes the cloud over the state’s right-to-work law, which was passed in 2016 but was enjoined by a trial court for a substantial period of time, determined to be unconstitutional, in part, by the same trial court and now takes full effect ...
The U.S. Food and Drug Administration (FDA) recently issued a burst of COVID-19-related guidance documents to facilitate expanded availability of medical products during the current public health emergency created by COVID-19. FDA-regulated products under these temporary policies include: PPE, diagnostic tests, hand sanitizers, disinfectant devices, remote monitoring devices, ventilators, and electronic thermometers for clinical use ...
On March 27, 2020, President Donald Trump signed into law a $2 trillion emergency relief bill to ease the economic impact of coronavirus (COVID-19) and support response efforts. The CARES Act[1] included an allocation of $80 million in funding to the U.S. Food and Drug Administration (FDA) to continue its COVID-19 response efforts. The additional agency funding will be used, in part, for the development of medical countermeasures and vaccines ...
What is it? The Paycheck Protection Program (PPP) is a loan program geared toward small businesses dealing with the jarring disruptions caused by the novel coronavirus (COVID-19). It is a part of the larger $2 trillion CARES Act and run through the Small Business Administration. It provides $350 billion in loans to help businesses keep their workforce employed during COVID-19 crisis. Who can apply? The PPP provides loans to business with fewer than 500 employees ...
The Supreme Court this past week denied certiorari in United States ex rel. Schneider v. J.P. Morgan Chase Bank, N.A., an appeal from a D.C. Circuit case affirming the district court’s dismissal of a qui tam FCA action. See No. 19-678, 2020 U.S. LEXIS 2079 (Apr. 6, 2020). In so doing, the Court declined to address the emerging circuit split over the extent of the government’s dismissal power in qui tam cases ...
On April 13, 2020, the Centers for Disease Control and Prevention (“CDC”) issued guidelines on safety practices for critical workers who may have had exposure to a person with suspected or confirmed COVID-19 ...
On April 9, 2020, the Equal Employment Opportunity Commission (EEOC) issued Q&As on COVID-19 issues. The EEOC has also updated its guidance during a pandemic for employers relating to the COVID-19 pandemic. The following are some highlights from these updates. Medical Inquiries and Exams In the updated guidance, the EEOC indicated that the COVID-19 pandemic meets the definition of a direct threat ...
On Friday, March 27, 2020, President Donald Trump signed the Coronavirus Aid, Relief, and Economic Security Act, H.R. 748, ( CARES Act or Act), a $2 trillion stimulus bill the House passed by voice vote earlier the same day and the Senate passed on Wednesday, March 25, by a vote of 96-0. The CARES Act is the largest economic relief package in the history of the United States ...
The Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law March 27, 2020, provides $2 trillion in relief funds for individuals and businesses, including $500 billion in direct aid for large companies and more than $300 billion for small companies. Businesses applying for and receiving funds under the CARES Act should be mindful of risks associated with stringent government oversight and inevitable investigations targeting waste, fraud, and abuse ...
The SEC’s Office of Municipal Securities recently released guidance providing that statements made by municipal issuers, such as public announcements, press releases, interviews with media representatives, and public reports, may be subject to the antifraud provisions of Section 10(b) of the Securities Exchange Act of 1934 (the Exchange Act) and Rule 10(b)-5 thereunder. On Feb. 7, 2020, the Office of Municipal Securities released Staff Legal Bulletin No ...
