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The COVID-19 pandemic has hit small businesses particularly hard. And, the Small Business Administration’s disaster loan program can offer many of those small businesses a lifeline. But, it can be daunting to know what relief is available (and for what purpose), who qualifies, and how to apply. This is what you need to know. The SBA has two types of disaster loan programs—one through banks and one directly from the SBA via the U.S. Treasury ...

Dykema | March 2020

On March 22, 2020, the Federal Reserve Board, the FDIC, the National Credit Union Administration, the Office of the Comptroller of Currency, the Consumer Financial Protection Bureau and state banking regulators (collectively, the “agencies”) published an interagency statement on loan modifications and reporting for financial institutions working with customers affected by COVID-19 ...

Haynes and Boone, LLP | March 2020

On March 22, 2020, several federal financial institution regulatory agencies and state banking regulators issued an interagency statement encouraging all financial institutions to work constructively with borrowers impacted by the ongoing Coronavirus Disease 2019 (“COVID-19”) ...

Haynes and Boone, LLP | March 2020

In a unanimous decision, the Texas Supreme Court held on March 20, 2020 that an insurance policy’s omission of an express duty to defend “groundless, false or fraudulent” claims does not preclude application of the Eight-Corners Rule. InJanet Richards, et al. v. State Farm Lloyds, No. 19-0802, ___ S.W.3d ___ (Tex ...

Haynes and Boone, LLP | March 2020

The U.S. Small Business Administration (SBA) is an independent agency of the federal government established to provide assistance and protection in the interest of small businesses. Among its funding programs, the SBA Disaster Assistance program provides low interest loans to help businesses and homeowners to recover from declared disasters – usually for events such as hurricanes or floods ...

Haynes and Boone, LLP | March 2020

  Co-authored by MV Credit Partners LLP As the world watches the spread of COVID-19 across all continents, global economies are reacting to the impact and trying to foresee eventualities to mitigate the inevitable loss. There are some industries that will undoubtedly be more effected than others, and as with any economic crisis this will have a knock-on effect ...

Haynes and Boone, LLP | March 2020

This morning, Governor Andrew Cuomo of New York issued Executive Order No. 202 ...

Haynes and Boone, LLP | March 2020

Amidst continuing COVID-19 concerns, regulators issued certain waivers of HIPAA requirements and penalties as well as additional guidance applicable during this public health emergency. HIPAA Enforcement Discretion for Telehealth ...

As we all know by now, much of our day-to-day lives have been upended by the COVID-19 pandemic. We are being told by everyone everywhere - the CDC, the President, governors, mayors, public health officials - we need to flatten the curve of the virus' natural exponential spread by practicing social distancing and aggressive hand washing ...

No one can predict all the effects of the pandemic on the borrower/lender relationship, but some of those effects will be severe. Both parties place a high value on predictability in their dealings. A borrower must know that when it needs funds, the line of credit will be available, while a financial institution needs to have payments made and covenants met as provided in the financing documents. Its long term survival depends on it ...

Lawson Lundell LLP | March 2020

For consideration by owners, contractors, suppliers, and project teams towards solutions on current and/or future projects. Global pandemic.  Oil trade war. Volatile FX Markets.  Market collapse?  East African locusts.  All of these global issues, and potentially others, will impact existing and new construction projects in Canada and the world over the coming months. However, a delay to a project does not always mean the project will inevitably cost more ...

Lawson Lundell LLP | March 2020

  In light of the rapidly evolving developments relating to COVID-19, and recognizing that issuers have an urgent need to focus on critical business decisions, the Canadian Securities Administrators (the “CSA”) have announced that they will grant temporary, blanket relief from the filing of certain documents required to be filed on or before June 1, 2020 ...

Carey | March 2020

On 18 March 2020, the Financial Market Commission (“CMF”) issued general rule 435 (hereinafter “NCG No. 435”) amending general rule 273 from 2010, which, in turn, regulates the voting systems for shareholders meetings ...

Gianni & Origoni | March 2020

Following the publication of the proposal a few days ago, on 19 March the European Commission adopted the communication introducing a new temporary legal framework for State aid measures to support the economy in the current COVID-19 outbreak1. The last time the Commission had adopted a similar temporary framework was during the global financial crisis in 2008 ...

Simonsen Vogt Wiig AS | March 2020

  On 15 March 2020, the Norwegian government presented their proposal for new loan and guarantee schemes in the total amount of NOK 100 billion, to strengthen Norwegian companies' liquidity during the Covid-19 outbreak. The proposal includes: A NOK 50 billion funding which will be applied to issue guarantees in favour of banks as security for new loans granted to small and medium sized companies ...

Liens are one of the primary tools for the construction industry to secure payment claims. However, lien rights and remedies vary between states, and these distinctions are often difficult for owners, contractors, and subcontractors to navigate ...

Hanson Bridgett LLP | March 2020

  On March 19, 2020, California Governor Gavin Newsom and the Director of the California Department of Public Health ordered all Californians to stay home, “except as needed to maintain continuity of operations of the federal critical infrastructure sectors.” The order provides that the State Public Health Officer “[m]ay designate additional sectors as critical in order to protect the health and well-being of all Californians ...

Hanson Bridgett LLP | March 2020

Many jurisdictions in Northern California and throughout the State have ordered individuals who live in those communities to shelter in place to slow the spread of COVID-19. In addition, all businesses except for “Essential Businesses” have been ordered to close. Certain construction activities, however, are exempt from the Shelter-in-Place orders, including housing projects and public works ...

Hanson Bridgett LLP | March 2020

As each day that passes while COVID-19 spreads throughout the country, more businesses are closing their doors to protect their employees, customers, vendors, and other people with whom they come into contact. And many of them are wondering whether there is coverage for their business losses during this time. Business interruption or business income coverage is sometimes included in commercial property coverage ...

Hanson Bridgett LLP | March 2020

 Updated: April 4, 2020 On March 19, 2020, California Governor Gavin Newsom and the Director of the California Department of Public Health ordered all Californians to stay home “except as needed to maintain continuity of operations of the federal critical infrastructure sectors ...

PLMJ | March 2020

The public health emergency caused by the international COVID-19 pandemic (“COVID-19”) has made it necessary to adopt a range of measures to contain this disease and these measures are having profound economic and financial effects. At a time when there is a huge reduction in their income, companies will have to cope with enormous pressures on their liquidity ...

Tips on how to mitigate losses: Mall Leases: Mall leases have ceased to be in the nature of a tenancy agreement. The clauses are no longer limited to availability of the premises, rent, lock-in period, repairs, and exit. Mall owners have come to impose sale targets on the retailers operating from their malls. Rent consists of both a percentage of the revenue earned by the retailer as well as a fixed monthly payment ...

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