In response to the economic impact of the COVID-19 pandemic, the federal government has passed several new laws to provide trillions of dollars of funding to affected businesses and individuals. But this also means there are new compliance considerations for entities receiving federal funds, especially as it relates to the False Claims Act’s “false certification” theory of liability ...
We have previously reported on the order that adopted the extraordinary measures under the COVID-19 health emergency declaration, published on March 31, 2020 (the “Order”), and the Technical Guidelines regarding certain essential activities described in Order, published on April 6, 2020 ...
Employers are now confronted with the next COVID-19 challenge: safely bringing employees back to work. The recent federal guidelines for “Opening Up America Again” specifically refer to recommended practices for employers ...
Introduction In late 2019, the Industrial Development Bureau (IDB) of the Abu Dhabi Department of Economic Development (ADDED) launched the Abu Dhabi Local Content (ADLC) Program in a trial phase. In April of 2020, the IDB announced implementation of the ADLC Program, which will apply to more than 1,244 governmental and semi-governmental tenders worth approximately AED 15 billion ...
The Ministry of Home Affairs (“MHA”) issued an order on April 15, 2020 containing the revised consolidated guidelines on the measures to be taken by the Central and State Governments for containment of COVID 19 (“Revised Guidelines”). The order/ Revised Guidelines specify the economic activities which will be permitted after April 20, 2020 (except in containment zones) ...
Is your firm monitoring compliance with the liquid capital thresholds continuously? As the financial resilience of some firms is being tested in the face of the COVID-19 crisis, it is timely for us to remind clients that a HK SFC licensed firm’s “liquid” capital must always exceed its “required” liquid capital and that it must formally notify the SFC "as soon as reasonably practicable and in any event within one business day of becoming aware”, if, am
The Superintendence of Notaries and Registry and The National Civil Registry Authority issued new measures through Ruling 041 of 15 April 2020 for the prevention of spreading the Coronavirus COVID-19. These measures followed previous regulations issued through Rulings 031 and 037 of March 2020. The new regulation reminds who can request a birth certificate by presenting the certificate of live birth as provided in the law ...
Measures taken for water, sewage and sanitation public utilities, within the framework of the State of Emergency ...
The Plurinational State of Bolivia, within the framework of its governmental powers and in accordance with the Declaration of Sanitary Emergency and Quarantine established in recent days, has determined to strengthen the latest measures. The government has conviniently declared that the total quarantine, extends until April 30, 2020, maintaining the suspension of public and private activities ...
While the Trump administration looks to pass legislation aimed at Dodd-Frank and the Consumer Financial Protection Bureau (“CFPB”), a lawsuit involving the extent of the CFPB’s authority and whether it can impose a $109 million penalty on a group of companies is continuing to be fought in a D.C. courtroom. In June 2015, PHH Corporation and a group of other companies asked the D.C ...
If you haven’t been paying any attention for the last two weeks, you may have missed that on February 3, 2017 President Trump signed an Executive Order setting forth his administration’s core principles for regulating the United States’ financial system. The order seems to be the first step in fulfilling his campaign promise to change Dodd-Frank, the Obama-era financial law that was enacted after the 2008 financial crisis. The order contains three sections. 1 ...
On February 24, 2017, President Trump issued another executive order designed to further his administration’s agenda to reduce regulations. Entitled “Enforcing the Regulatory Reform Agenda,” the executive order continues to make clear that “[i]t is the policy of the United States to alleviate unnecessary regulatory burdens placed on the American people ...
A West Virginia federal district court recently addressed a plaintiff’s claims that her reverse mortgage violated at least two statutes and West Virginia common law. The plaintiff was one of two borrowers on that mortgage and sued the mortgage lender and its servicing affiliate. The servicer moved to dismiss. The court granted the motion in part and denied it in part ...
Late this afternoon, the Supreme Court of Appeals of West Virginia issued its decision in State v. AFL-CIO and upheld the constitutionality of West Virginia's “Right-Work-Act” (the Workplace Freedom Act). Justice Jenkins delivered the opinion in which our high court reversed the Circuit Court of Kanawha County and remanded the matter back to that lower court with instructions to enter Summary Judgment in favor of the State ...
West Virginia Supreme Court of Appeals makes clear that third parties may not sue under the West Virginia Consumer Credit and Protection Act for collection attempts On May 17, 2017, the West Virginia Supreme Court of Appeals issued a unanimous decision that affirmed a trial court’s order granting summary judgment to a collector in a lawsuit brought by a third party over collection calls made to her home that were intended to reach another person living there. In Young v ...
At a news conference on April 20, Governor Wolf announced he is extending his stay-at-home order until May 8, 2020. But in a nod to a construction industry that has been particularly hard-hit by the Governor’s shutdown and stay-at-home orders, Governor Wolf said he also will permit construction (both residential and non-residential construction) to resume throughout the Commonwealth on May 8, 2020 ...
GERMAN GOVERNMENT INTENDS TO INCREASE HURDLES FOR ACQUIRING GERMAN COMPANIES IN STRATEGICALLY IMPORTANT BUSINESS SECTORS On April 8, 2020, the German government adopted the draft bill of the Federal Ministry for Economic Affairs to amend the Foreign Trade and Payments Act (Außenwirtschaftsgesetz, AWG) ...
After the federal government’s initial rollout of its COVID-19 Economic Response Plan to provide economic measures to stabilize the economy (previously described in our blog post here), a number of voices from Canada’s business community have warned of program eligibility gaps and, in particular, that early and growth stage technology and innovation businesses have fallen through the cracks ...
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 ...
It is difficult to capture in a sentence the impact the COVID-19 pandemic is having on our health, our families, our fears, the operations of businesses of all sizes, the world’s governments, and our future. Not one segment of people or group of businesses has reported the pandemic is not affecting them. It therefore should not come as a surprise that the reverse mortgage industry is feeling the effects of the pandemic ...
Federal appeals court gives effect to mortgage servicer’s disclaimers in monthly statements and letters and holds that homeowner is charged with carefully reading them and a basic level of understanding in what they say ...
Another week brings another round of COVID-19-related lawsuits. Even after a month, we already can identify some early trends: refund lawsuits and second amendment claims continue to boom. A rise in takings claims may signal another trend, or a recent adverse decision from the Pennsylvania Supreme Court may throw cold water on business owners and citizens’ efforts to be compensated for government-directed impacts ...
While the COVID-19 pandemic has led to the adoption of certain piecemeal consumer protection policies and/or guidances by individual states and the federal government, there have yet to be any sweeping changes to existing federal consumer debt collection laws or regulations in the wake of the pandemic. There has been a push, though, for the enactment of comprehensive consumer protection provisions ...