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English Law COVID-19 Q&A Series: Shipbuilding Contracts
Haynes and Boone, LLP, April 2020

Does the Covid-19 pandemic (or actions taken to counter the spread of Covid-19) constitute a Force Majeure in a shipbuilding contract? Is there any implied right of relief for Builder or Buyer?Does the Covid-19 pandemic (or actions taken to counter the spread of Covid-19) constitute a Force Majeure in a shipbuilding contract? Is there any implied right of relief for Builder or Buyer? Under English law, unlike civil law systems, a force majeure is neither defined nor automatically applic

COVID-19 Advice: Post-Default Enforcement Against Equity Collateral
Haynes and Boone, LLP, April 2020

The pledge of equity interests of a privately held company as collateral is a common occurrence in a wide variety of financing structures. What is not as common perhaps is for secured creditors to analyze, at the initial stages of a transaction, the road maps that may serve to mitigate any meaningful delays or diminution in the value of such collateral in a foreclosure scenario...

Employers Providing Face Masks Should Review Their Health and Safety Obligations
Haynes and Boone, LLP, April 2020

In its continuing efforts to slow the spread of COVID-19, on April 3, 2020, the Centers for Disease Control and Prevention (“CDC”) recommended that the general public wear, on a voluntary basis, “cloth face coverings in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies) especially in areas of significant community-based transmission” of coronavirus...

CARES Act Relief Checklist: Considerations in Deciding What Relief is Right for Your Business
Haynes and Boone, LLP, April 2020

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) offers relief to businesses affected by COVID-19 through various programs, including forgivable loans and federal income tax credits. However, the CARES Act prevents businesses from claiming certain benefits that are considered duplicative...

Keep Calm and Notary On: How to Meet Your Notary Needs in Texas While Social Distancing
Haynes and Boone, LLP, April 2020

With most of the country working from home, many are wondering how to get their documents notarized. Thankfully, several states, including Texas, have authorized online notarization ceremonies. Under the new telecommunications statutes, individuals can have documents notarized from a healthy distance. Historically, Texas required both in-person notarization and the filing of the original notarized document, which precluded any possibility of a telecommuting notary...

The Trump Administration Again Expands Its Use of the Defense Production Act to Combat the Coronavirus Pandemic
Haynes and Boone, LLP, April 2020

On April 2, President Trump moved to use the Defense Production Act of 1950 (“DPA”) to expand the authority of the Department of Homeland Security to intervene in the private sector to order and prioritize production of supplies and equipment needed to address the coronavirus pandemic...

Bridging the Gap - An Overview of SBA Loans under the Paycheck Protection Program
Haynes and Boone, LLP, April 2020

LATEST UPDATE - April 3, 2020 In response to the Coronavirus pandemic, the President signed H.R. 748, known as the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act on March 27, 2020. The bill provides more than $2 trillion of aid to individuals and the public and private sector...

Insurance Recovery & The Corona Effect: Responding To Coverage Defenses For Business Interruption Claims
Haynes and Boone, LLP, April 2020

While the financial impact of quarantines and shelter-in-place orders will inevitably reach into every industry and every corner of the economy, companies in the hotel, restaurant, travel, retail and manufacturing sectors have already sustained significant business interruption losses. Much of the commentary from insurers and even some government agencies has been presumptively negative about the prospects for coverage...

Offshore Contractor’s Guide through the English Law Issues Arising from the Latest Oil Price Collapse and COVID-19
Haynes and Boone, LLP, April 2020

Introduction: The new reality As a result of the sudden and dramatic fall in the oil price that had occurred between June 2014, when oil had been trading at prices of around US$115 per barrel of Brent crude, to January 2015 by which time it had fallen to around US$35 per barrel, I was prompted to prepare a “Guide for Contractors”. Parties in the offshore oil and gas sector, and in particular contractors in the industry, were facing turbulent and unpredictable times...

CMS Continues to Make Sweeping Regulatory Changes to Facilitate COVID-19 Response
Haynes and Boone, LLP, April 2020

Federal and state agencies continue to deliver tools and information to help healthcare providers respond to the COVID-19 pandemic since the President declared the COVID-19 outbreak a national emergency. The declaration gave the Secretary of the U.S. Department of Health and Human Services (“HHS”) authority to temporarily waive or modify certain requirements of federal healthcare programs...

Keep Calm ... and Investigate Rumors LP Default Risk and Fund Finance 2.0
Haynes and Boone, LLP, April 2020

During the Great Recession, fund finance professionals spent a lot of time analyzing and speculating about the impact of the financial crisis on fundraising, the potential for the failure of limited partners to honor their capital contribution obligations to funds, and the strength of facility structures and documentation. That makes the current scene familiar to many of us...

Treasury Releases Guidance on CARES Act Relief to Airlines and Aviation Workers
Haynes and Boone, LLP, April 2020

On March 30, 2020, the Department of the Treasury published guidelines and procedures for passenger and cargo air carriers (together, “Air Carriers”) seeking relief under the recently passed Coronavirus Aid, Relief and Economic Security (CARES) Act...

What Franchise and Hospitality Companies Should Know! A Guide to CARES and Other Relief Programs
Haynes and Boone, LLP, April 2020

The Coronavirus pandemic is impacting every business sector across the globe. Many new resources, however, including the new Coronavirus Aid, Relief, and Economic Security (CARES) Act, provide franchise and hospitality businesses with opportunities for relief. The following information is intended to aid franchise and hospitality companies in understanding options available to them during this time...

New York Department of Financial Services Clarifies Executive Order on Consumer Forbearance
Haynes and Boone, LLP, April 2020

Last week, we reported on Executive Order No. 202.9 issued by Governor Cuomo, and some of the important questions posed by that Executive Order. We suggested that the implementing regulations by the NYS Department of Financial Services (the “DFS”) would likely clarify these points, and this has turned out to be the case. On March 24, implementing regulations were released by the Superintendent of Financial Services, Linda A...

Environmental Compliance in the Coronavirus Era
Haynes and Boone, LLP, April 2020

Many regulated entities are struggling to comply with certain environmental reporting, monitoring and settlement agreement requirements because of the impact of shelter in place orders, supply chain disruptions, and social distancing requirements relating to the COVID-19 pandemic response...

Call for Creatives: United Nations Opens Submission Process for COVID-19 Messaging Work
Haynes and Boone, LLP, April 2020

The United Nations has issued a “Global Call to Creatives” (the “Call”) asking content creators, influencers, advertisers, and others to help in translating public health messages “into work that will engage and inform people across different cultures, languages, communities and platforms...

CFTC Provides Final Guidance on Actual Delivery of Digital Assets
Haynes and Boone, LLP, April 2020

On March 24, 2020, the Commodity Futures Trading Commission (“CFTC” or the “Commission”) unanimously approved its final interpretive guidance (“Final Guidance”) regarding retail commodity transactions involving certain digital assets...

An Overview of the Midsize Business Loan Program under Title IV of the CARES Act
Haynes and Boone, LLP, April 2020

In response to the Coronavirus pandemic, the President signed H.R. 748, known as the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act on March 27, 2020. The bill provides more than $2 trillion of aid to individuals and the public and private sector...

Treasury Department and SBA Provide Preliminary Guidance and Sample Application for Paycheck Protection Program Loans
Haynes and Boone, LLP, April 2020

On March 31, 2020, the Treasury Department and Small Business Administration (“SBA”) released initial guidance and a sample application form for the Paycheck Protection Program (“PPP”), the small business loan program established pursuant to theCoronavirus Aid, Relief, and Economic Security (“CARES”) Act signed by President Trump on March 27, 2020...

Texas PUC Issues Three Orders in Response to COVID-19 to Assist Residential Ratepayers
Haynes and Boone, LLP, March 2020

The Public Utility Commission of Texas (PUCT or Commission) issued three orders on March 26, 2020, establishing a new COVID-19 Electricity Relief Program for residential customers and modifying certain regulatory requirements applicable to retail electric providers (REPs) and electric utilities, including transmission and distribution utilities (TDUs)...

Business Tax Provisions in the Coronavirus Aid, Relief and Economic Security Act (CARES Act)
Haynes and Boone, LLP, March 2020

On March 27, 2020, Congress passed the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”). This historic $2 trillion relief package received bipartisan support and is part of the third wave of federal government support as the nation copes with the acute economic fallout from the coronavirus (COVID-19) pandemic. The CARES Act, among other things, aims to provide significant aid to businesses and employees...

Employee Benefits/Executive Compensation Changes Made by the CARES Act
Haynes and Boone, LLP, March 2020

Employee Benefits Newsletter March 31, 2020 Authored by: Alexis Blair, Cathy Currie, Kirsten Garcia, Jesse Gelsomini, Brian Giovannini, Tyler Hubert, Chris Kang, Charles Plenge, Scott Thompson, Tiffany Walker, and Susan Wetzel EMPLOYEE BENEFIT/EXECUTIVE COMPENSATION CHANGES MADE BY THE CARES ACT On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”)...

Oil & Gas Workers Given “Key Worker” Status by the British Government
Haynes and Boone, LLP, March 2020

The British government has adopted stringent measures to reduce the spread of the novel coronavirus effective from 23 March 2020[1], including a nationwide lockdown, closure of non-essential shops and public venues and mandatory social distancing. The general rule is that people should stay at home, but workers can travel to and from work if they cannot perform their work from home[2]...

Relief for Employers and Workers under the CARES Act
Haynes and Boone, LLP, March 2020

On March 27, 2020, President Trump signed the Coronavirus Aid,Relief, and Economic Security (“CARES”) Act into law. The CARES Act, which injects trillions of dollars into the economy, provides relief to employers and workers, alike...

Breaking Tax News - IRS Extends April 15 Payment and Filing Due Date For Gift Taxes Because of COVID-19 Emergency
Haynes and Boone, LLP, March 2020

Breaking Tax News - IRS Extends April 15 Payment and Filing Due Date For Gift Taxes Because of COVID-19 Emergency 03/29/2020 Authored by: Jennifer R. Lan,John M. Collins,Jamie L. Carter,J. Mitchell Miller The IRS issued Notice 2020-20 on March 27, 2020, thereby superseding certain provisions of Notice 2020-18 related to filing and paying gift taxes (see our prior coverage here)...

 

 

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