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Buchalter Client Alert COVID-19: Did you Receive a Deposit from HHS? Before you Spend it, Read This
Buchalter, May 2020

In addition to proceeds from the U.S. Small Business Administration’s (“SBA”) Payment Protection Program and the Centers for Medicare & Medicaid Services’ (“CMS”) Accelerated and Advance Payment Program, the U.S. Department of Health & Human Services (“HHS”) recently deposited $80 billion into health care providers’ bank accounts as part of its Provider Relief Fund...

Buchalter Client Alert COVID-19: New Guidance on Main Street Loan Program for Small and Medium Sized Businesses
Buchalter, May 2020

The Federal Reserve has published more detailed information about the soon to be launched Main Street Lending Program (MSLP) designed to assist businesses with up to 10,000 employees or up to $2.5 billion of annual revenue which have been impacted by the COVID-19 pandemic...

Buchalter Client Alert COVID-19: Hastening Telehealth Provision of Medical Services Across State Lines
Buchalter, April 2020

In response to the COVID-19 pandemic, the majority of states have temporarily waived or modified licensure requirements, allowing licensed practitioners from other states to provide in-person or telehealth services without seeking state-specific licenses. During this unprecedented time, states have quickly recognized the need for medical professionals to work across state lines and the importance of expanding telehealth services...

Buchalter Client Alert COVID-19: Planning for Re-Opening: What Owners, Property Managers and Users of Office and Retail Properties Should Consider
Buchalter, April 2020

Now is the time to prepare for when non-essential businesses will be allowed to re-open after the various state and local COVID-19 shutdown orders are lifted. We do not know when that date will be or how the orders will be lifted, but planning now can make that phase go smoother for building owners and managers as well as tenants in those buildings. One thing we can be certain of is that the use and operation of buildings will not be “back to normal” for a while...

Buchalter Client Alert COVID-19: New HMDA Final Rule Raises Loan Origination Reporting Threshold; Particular Significance for Certain Multifamily Lenders
Buchalter, April 2020

On April 16, the CFPB issued a HMDA final rule increasing the number of closed-end mortgage loans and/or open-end mortgage loans an institution must originate before it meets HMDA’s coverage thresholds. Effective July 1, 2020, institutions originating fewer than 100 closed-end mortgage loans in either of the two preceding calendar years will not have to report such data effective July 1, 2020...

Buchalter Client Alert COVID-19: Takeaways from the DOL’s Latest FFCRA FAQs
Buchalter, April 2020

Earlier this week, the US Department of Labor (DOL) added to their long list of Frequently Asked Questions (FAQs) to the Families First Coronavirus Response Act or FFCRA. These latest additions raises the total of FAQs from an already robust 79 to a staggering 88. Combined with the DOL’s first FFCRA enforcement action in Arizona, this is the latest warning for employers to get fully prepared...

Buchalter Client Alert COVID-19: Opportunities in an Economy Shattered by Covid-19
Buchalter, April 2020

The stock market has had record declines and many businesses are shuttered, at least temporarily. Long-term prospects may still be positive but in the near-term the value of many entities has reduced. Are there transactions that privately-held businesses and their owners could implement that would allow them to achieve long-term goals that could benefit the business, the owner, and owner’s family? We believe that there are...

Buchalter Client Alert COVID-19: Local COVID-19 Related Emergency Sick Leave Ordinances in California: San Francisco and San Jose
Buchalter, April 2020

April 21, 2020 Cities in California have been implementing local ordinances providing for emergency supplemental paid sick leave for local workers in the wake of the COVID-19 pandemic, which adds complexity for employers navigating the rapidly changing obligations resulting from the pandemic...

Buchalter Client Alert COVID-19: Estate Planning
Buchalter, April 2020

We hope this Alert finds you and your family healthy and safe during these unsettling times. COVID-19 has interrupted all of our normal routines but has provided many of our clients with a unique opportunity to take a pause and review existing estate planning documents to make sure they are still accurate. We have received numerous calls and emails from clients asking us to update their documents and the choices they made in previous years...

Buchalter Client Alert COVID-19: Large Employers in the City of Los Angeles Must Provide Supplemental Paid Sick Leave
Buchalter, April 2020

The federal government recently enacted the Families First Coronavirus Response Act (“FFCRA”), which requires small businesses with less than 500 employees to provide a certain amount of paid sick leave and paid family and medical leave to employees affected by COVID-19. Effective April 7, 2020, employees of large companies in the City of Los Angeles are entitled to up to 80 hours of paid sick leave due to reasons related to COVID-19...

Buchalter Client Alert COVID-19: Viral Issues for Commercial Finance Lenders and Borrowers
Buchalter, April 2020

The pandemic crisis unfolding in the United States and around the world has placed a significant strain on commercial lending relationships, and the pressure will only mount as the medical and financial ramifications unfold. For many companies, the immediate concern is of course liquidity. But in the face of falling revenue, shuttered businesses and extreme uncertainty, lenders and borrowers will need to make some tough choices when it comes to their ongoing lending relationships...

Prop. 65 Filings Are Not Slowing Down Despite The Pandemic
Buchalter, April 2020

This is not a coronavirus update, but as you can expect, the number of Prop. 65 filings has not decreased significantly during the pandemic. Between March 2nd and April 14th, there were four hundred sixty-nine (469) 60-Day Notices of Violation filed, compared to five hundred ten (510) 60-Day Notices filed between January 1st and March 1st. As you may know, California’s courts are not likely to re-open until around June 1st...

Buchalter Client Alert COVID-19: COVID-19 Multifamily and Single Family Mortgage Updates: FHA Multifamily Payment Forbearance and Tenant Eviction Moratorium, Deferral of Appraisals on Certain Loans, Extensions of Deadline to Implement Revised URLA and AUS Specifications
Buchalter, April 2020

Governmental and GSE responses to the COVID-19 crisis continue at a rapid pace. Just within the last few days, new guidelines have been issued regarding several multifamily and single family residential topics. These new guidelines add to existing COVID-19 related guidelines and restrictions issued by federal and state regulators, other state and local government authorities, GSEs and FHA...

Buchalter Client Alert COVID-19: Loan Assistance for Small and Medium-Sized Businesses: Federal Reserve Issues Term Sheets for Main Street Lending Program
Buchalter, April 2020

In a major development to assist businesses with up to 10,000 employees or up to $2.5 billion of annual revenue which have been impacted by the COVID-19 pandemic, the Federal Reserve has issued Term Sheets for the two portions of the Main Street Lending Program created by the CARES Act, the Main Street New Loan Facility ("MSNLF"), and the Main Street Expanded Loan Facility ("MSELF")...

Buchalter Client Alert COVID-19: Opposite Sides of the Table: Restaurants Seek Recovery From Insurers for Business Interruption in the Wake of COVID-19
Buchalter, April 2020

As COVID-19 cases have continued to spread across the country resulting in government-issued “shelter in place” orders, few industries have felt the impact as swiftly and deeply as the restaurant industry.  Indeed, such government orders have required restaurants to shut down all onsite dining, causing a sharp decline in restaurant revenue.  According to restaurant...

Buchalter Client Alert COVID 19: Department of Labor’s New Regulations and Guidance on the Family First Coronavirus Relief Act (“FFCRA)
Buchalter, April 2020

On April 6, 2020, the Department of Labor (“DOL”) promulgated a temporary rule (“Rule”) interpreting and giving further guidance on the Families First Coronavirus Relief Act (“FFCRA”). The FFCRA includes the Emergency Family Medical Leave Expansion Act (“EFMLA”) and the Emergency Paid Sick Leave Act (“EPSL”). The Rule clarifies a number of important threshold questions in the wake of the FFCRA’s enactment...

Buchalter Client Alert COVID 19: COVID-19 Insurance Coverage Checklist
Buchalter, April 2020

Businesses are experiencing devastating losses due to mandated restrictions and shutdowns, as well as the cancellation of events. What’s more, no one knows how long this will continue. As a result, many businesses are considering whether their insurance might provide some relief from the losses they already have incurred, or likely will incur, due to this crisis...

Buchalter Client Alert COVID 19: Treasury Department Releases Answers to the Paycheck Protection Program Loans Frequently Asked Questions
Buchalter, April 2020

The Treasury Department has recently published the Paycheck Protection Program Loans Frequently Asked Questions (PPP FAQs). The Treasury Department’s publication provides businesses and lenders desperate guidance related to the Paycheck Protection Program (PPP) and the applicable rules, regulations and guidelines that have been plaguing PPP loan participants. This alert summarizes a number of the key questions in the PPP FAQs as of April 7, 2020...

Buchalter Client Alert COVID-19: Annual Shareholder Meetings in the Time of Coronavirus
Buchalter, April 2020

The novel coronavirus, COVID-19, is impacting every aspect of doing business, and annual meetings of shareholders are no exception.  Each corporation is required by state corporation law, and usually its own bylaws, to hold an annual meeting of its shareholders to elect the members of its Board of Directors and to conduct such other business as may be properly brought before its shareholders, with most corporations holding these meetings in March through June...

Buchalter Client Alert COVID-19: Judicial Council Enacts COVID-19 Emergency Rules Preventing Unlawful Detainers and Staying Judicial Foreclosure Actions Statewide
Buchalter, April 2020

On Monday, April 6, 2020, in an Emergency Meeting to address issues arising from the COVID-19 Crisis, the Judicial Council enacted emergency rules that protect tenants and borrowers by temporarily preventing California courts from processing unlawful detainer and judicial foreclosure actions, with limited exceptions. The emergency rules apply to both residential and commercial tenants and borrowers, and govern all California State Courts...

Contractual Considerations in the Coronavirus Climate
Buchalter, April 2020

The COVID-19 outbreak has impacted the manufacturing, transportation and supple chains underpinning countless aspects of trade and commerce on a global basis. Additionally, the shelter-in-place orders have caused nonessential businesses to shut down, resulting in many of them being unable to meet their contractual obligation. Force Majeure Whether coronavirus can be considered a force majeure depends on the wording of the provision...

Buchalter Client Alert COVID-19: Environmental Compliance during COVID-19 (Hint: EPA did not Suspend Environmental Laws)
Buchalter, April 2020

Compliance with environmental regulations is challenging under the best of circumstances, but the COVID-19 crisis and measures taken in response add a new layer of complexity.  The lack of a consistent message from elected officials and health officers, on the one hand, and from federal and state environmental regulators, on the other, creates a quandary for the business community...

Buchalter Client Alert COVID-19: CMS Temporarily Expands Advanced Payment Program Eligibility
Buchalter, April 2020

“With our nation’s health care providers on the front lines in the fight against COVID-19, dollars and cents shouldn’t be adding to their worries.” - CMS Administrator Seema Verma. During this Public Health Emergency, the Centers for Medicare & Medicaid Services (“CMS”) has expanded its accelerated and advanced payment program (“Program”) to all Medicare-enrolled providers and suppliers (“Providers”)...

Buchalter Client Alert COVID-19: Bay Area Shelter-in-Place Order and Local Government Status
Buchalter, April 2020

  On March 31, seven Bay Area counties issued stricter shelter-in-place orders and extended their effectiveness to at least May 3 (collectively, the “Orders”). As of the morning of April 2, Napa County noted that it will be joining the other Bay Area counties. Solano County extended the effectiveness of its order, but declined to tighten restrictions...

Buchalter Client Alert COVID-19: COVID-19 and Intellectual Property Law – UPDATED
Buchalter, April 2020

On Friday, March 27, 2020, the CARES ACT was signed into law.  The Cares Act includes provisions for changing deadlines for patents, trademarks, and copyrights.  For patents and trademarks, the Act permits the Under Secretary of Commerce for Intellectual Property and the Director of the United States Patent and Trademark Office to change the deadlines imposed by Title 35 of the United States Code, the Trademark Act, Section 18 of the Leahy-Smith America Invents Act...

 

 

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