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Practical Strategies to Limit Premises Liability Claims Involving COVID-19
Haynes and Boone, LLP, September 2020

Businesses that open their doors to customers, guests, and other visitors during the pandemic must be vigilant, not only to keep their premises safe to those who enter, but also to avoid lawsuits by individuals who claim they contracted COVID-19 on business premises...

China Releases Circular on Further Stabilizing Foreign Trade and Foreign Investment
Haynes and Boone, LLP, August 2020

On August 12, 2020, the State Council of the People’s Republic of China (“State Council”) released theCircular on Further Stabilizing Foreign Trade and Foreign Investment(the “Circular”), in which the Chinese government announced 15 policies aiming to protect foreign trade entities and to keep supply chains stable against the economic fallout of the unabated COVID-19 pandemic. A few key points of the Circular include: 1...

FCPA Compliance in the Age of COVID-19
Haynes and Boone, LLP, August 2020

Even before COVID-19, the Foreign Corrupt Practices Act (FCPA) was becoming increasingly tricky to navigate and was actively enforced. But in light of the pandemic, which is forcing rapid changes to the global marketplace and causing unique supply chain challenges, the risk of a costly misstep has only increased...

China Releases Draft Measures for the Administration of Imported and Exported Food Safety
Haynes and Boone, LLP, August 2020

On June 11, 2020, the General Administration of Customs (“GAC”) released the Measures for the Administration of Imported and Exported Food Safety [draft] (General Administration of Customs of People's Republic of China, 2020) (“Draft Law”) to solicit public comments until July 11, 2020...

The Federal Reserve Releases Additional Guidance on the Loan Facilities Available to For Profit Businesses
Haynes and Boone, LLP, August 2020

Since the launch of the Main Street Lending Program, the Federal Reserve (through the Federal Reserve Bank of Boston, which is implementing the program) issued updates on July 15, 2020 and July 31, 2020 to the Frequently Asked Questions document (“FAQ”), originally published on April 30, 2020, for the three loan facilities available to for profit businesses...

First Class: Litigation and Arbitration in London
Haynes and Boone, LLP, August 2020

Recent statistics from London’s Commercial Court and major arbitration institutions confirm London’s reputation as an international hub for dispute resolution, with English law remaining the most popular choice for the resolution of international disputes...

Federal Reserve Expands Main Street Lending Program to Include Nonprofit Organizations as Borrowers
Haynes and Boone, LLP, July 2020

The Federal Reserve ’s Main Street Lending Program has recently been expanded to add two potential loan options, which will enable nonprofit organizations such as educational institutions, social service organizations and hospitals to receive financial support in addition to the previously announced programs benefiting for-profit entities...

COVID-19 Related Healthcare Fraud and Anti-Kickback Enforcement Focuses on Laboratory Testing
Haynes and Boone, LLP, July 2020

While the U.S...

A Look at Insuring Distressed M&A Deals: The Current Landscape of R&W Insurance (Part 2)
Haynes and Boone, LLP, July 2020

Peter de Boisblanc, HUB International, also contributed to this article. The economic downturn engendered by the COVID-19 pandemic likely will lead to a significant increase in acquisitions of distressed targets. Representation and warranty (“R&W”) insurance policies as well as related insurance products can facilitate these transactions...

Shifting Pricing and Coverage: The Current Landscape of R&W Insurance (Part 1)
Haynes and Boone, LLP, July 2020

Peter de Boisblanc, HUB International, also contributed to this article. The COVID-19 pandemic has impacted the economy to a significant extent...

SEC Issues Additional Guidance on COVID-19 Disclosure Considerations
Haynes and Boone, LLP, July 2020

On June 23, 2020, the Division of Corporation Finance of the Securities and Exchange Commission (“SEC”) issued CF Disclosure Guidance: Topic No...

Airborne COVID-19: Is “Physical Loss” a Factual Question for the Experts?
Haynes and Boone, LLP, July 2020

Thousands of denied claims and hundreds of lawsuits pending around the country are testament to the fact that business interruption coverage for losses sustained during the COVID-19 pandemic depends on the existence of “physical loss or damage...

Startup Financing Strategy During COVID-19
Haynes and Boone, LLP, July 2020

In the VC community, especially for early stage investments, the valuation of a startup is strongly influenced by subjective factors, mainly how the investors view the business, market and management team of the startup. While there are no objective benchmarks for valuing early startups, the valuations of these companies are especially vulnerable to an uncertain economy. Valuation is a very important issue for startups...

Opportunities for U. S. Venture Capital Funds and Start-Up Companies Operating Under New FIRRMA Regulations During COVID-19
Haynes and Boone, LLP, July 2020

The COVID-19 pandemic has lasted for over four months, and there is no sign that the number of new cases will decrease soon, though many states, companies and service providers are proceeding with the re-opening of business. The unexpected downturn in the economy caused by the pandemic has adversely affected VC financing opportunities for startups...

New NASAA Guidance on FPRs Amidst the COVID-19 Pandemic
Haynes and Boone, LLP, June 2020

On June 10, 2020, the NASAA Franchise and Business Opportunity Project Group (“NASAA Franchise Project Group”) issued a statement on the importance of accurately disclosing financial performance representations amidst the worldwide impact of COVID-19...

China Alert: China's Relaxed Financial Sector May Aid Foreign Investors
Haynes and Boone, LLP, June 2020

While the world contends with the COVID-19 crisis and its economic and financial impact, China is quietly opening its doors to its financial sector, inviting more foreign financial institutions, banks, insurance providers and other financial service companies to set up shop in China. On March 27, the Chinese government granted approval for both The Goldman Sachs Group Inc...

OSHA Reminds Employers to Continue Assessing Employee Safety Regarding COVID-19 Hazards, While Also Not Neglecting Common Workplace Hazards
Haynes and Boone, LLP, June 2020

As employers continue to implement and maintain the current health and safety guidance to prevent the spread of COVID-19 in the workplace, they should also be mindful not to forget their other safety obligations. On June 15, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued a News Release specifically reminding employers that workers need to be protected from both coronavirus and common workplace hazards...

Down Round Financing
Haynes and Boone, LLP, June 2020

Although the data for San Francisco Bay Area remains encouraging for the first quarter of 2020*, given the economic instability brought by COVID-19, we might see more down rounds going forward. Down rounds are financings where the company is valued less than in a previous round. In practical terms this means that the new investors are buying shares of the company at a lesser price than the previous investors...

President Signs Paycheck Protection Program Flexibility Act
Haynes and Boone, LLP, June 2020

On June 5, 2020, President Trump signed H.R.7010, the Paycheck Protection Program Flexibility Act of 2020 (the “PPPFA”). The PPPFA modifies the Paycheck Protection Program (“PPP”) to provide additional flexibility to borrowers in using PPP loan proceeds and obtaining forgiveness for their loans by the Small Business Administration (the “SBA”)...

Mexico: Federal Technical Guidelines Regarding Strategy for Reopening of Activities
Haynes and Boone, LLP, June 2020

The technical guidelines described below are a follow up to the order establishing the strategy for the reopening and return to social, educational, and economic activities published on May 14, 2020, which was subsequently amended (the “Order”). Our alert on the Order and its amendment can be found here and here...

New York City Enacts Law Affecting Enforceability of Certain Commercial Lease Guaranties for COVID-Affected Businesses
Haynes and Boone, LLP, May 2020

On May 26, 2020, the Mayor of New York City, Bill de Blasio, signed a broad COVID-19 relief package into law, to supplement existing federal and state relief measures. The new legislation included several amendments to the Administrative Code of the City of New York (the “Code”) that affect commercial landlords and tenants, including N.Y.C. Council Int. No. 1932-A (“Local Law 1932-A”)...

Insurance Recovery During the COVID-19 Pandemic: Navigating Your Policy's Microbe and Pollution Exclusions
Haynes and Boone, LLP, May 2020

As corporate policyholders continue to submit claims to their insurers for business interruption and related losses sustained from the COVID-19 pandemic, insurers appear to be denying such claims routinely where the policies at issue contain exclusionary language specific to viruses — whether in stand-alone virus exclusions or other types of exclusions...

Unique Estate Planning Opportunities Amid COVID-19 Due to Depressed Markets and Historically Low Interest Rates
Haynes and Boone, LLP, May 2020

The historically low interest rates recently announced by the Internal Revenue Service (“IRS”) and the depressed value of certain assets offer opportunities for estate planning techniques that can reduce the cost of transferring wealth to younger generations. The federal estate and gift tax exemption for 2020 is $11,580,000 per person ($23,160,000 for a married couple)...

FERC Publishes 2020 Summer Energy Market and Reliability Assessment
Haynes and Boone, LLP, May 2020

On May 21, 2020, the Federal Energy Regulatory Commission’s Offices of Energy Policy and Innovation and Electric Reliability jointly published and released their 2020 Summer Energy Market and Reliability Assessment. The report provides an overview of key market events and data for the nation’s ISOs/RTOs as well as a discussion on reliability in the various power regions for summer 2020. The report includes the following key items that are summarized below...

COVID-19 and OSHA: Why Employers May See More Inspection Activity and More Injuries and Illnesses Being Recorded as Work-Related
Haynes and Boone, LLP, May 2020

On May 19, 2020, OSHA issued two revised enforcement policies with respect to in-person workplace inspections, and an employer’s obligation to record occupational injuries and illnesses, specifically cases of COVID-19. As phased re-openings of businesses are occurring throughout the United States, OSHA explained that it revised its policies to ensure that employers are protecting the health and safety of their workers...

 

 

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