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EU Publishes Common Toolbox and Data Protection Guidance on Tracing Apps to Fight COVID-19
Hunton Andrews Kurth LLP, April 2020

On April 16, 2020, the European eHealth Network—a voluntary network connecting national authorities responsible for eHealth designated by EU Member States—published a common EU toolbox for the use of contact tracing and warning apps in response to the coronavirus pandemic (the “Toolbox”)...

EEOC Updates Guidance Regarding the ADA, Rehabilitation Act, Other EEO Laws and COVID-19
Hunton Andrews Kurth LLP, April 2020

On April 17, 2020 the EEOC updated its Technical Assistance Questions and Answers to provide employers with additional guidance interpreting the ADA, Rehabilitation Act, and other EEO Laws in the midst of the COVID-19 pandemic. The EEOC first reminds employers that while these laws continue to apply, employers should still adhere to the ever-changing guidelines and suggestions made by the CDC or state/local health authorities...

Texas Governor Issues Executive Orders to Reopen Business for Retail and Healthcare Employers
Hunton Andrews Kurth LLP, April 2020

As detailed in our previous alert, Texas Governor Greg Abbott recently committed to begin the gradual process of reopening businesses in Texas. On April 17, 2020, Governor Abbott issued two Executive Orders that relate to the strategic reopening of select services as the first step to open Texas in response to the COVID-19 pandemic. Impact on Retail Employers Executive Order GA 16 (“E.O...

COVID-19 UPDATE: Travel Still Stymied Between US and Its Neighbors
Hunton Andrews Kurth LLP, April 2020

On March 23, 2020, we wrote about the impact of the global pandemic on travel between the United States and neighboring countries, in COVID-19: How Does the Outbreak Affect Travel Between the United States and Mexico or Canada? We explained that the US, Mexican and Canadian governments had agreed to close their contiguous borders between March 20 and April20, 2020, and then reassess whether borders should be reopened depending on the progress of the pandemic...

COVID-19 and Business Continuity in the EU
Hunton Andrews Kurth LLP, April 2020

As the COVID-19 outbreak continues to unfold, businesses are dealing with new and unprecedented operational and legal challenges. This article discusses key data protection considerations for businesses in connection with the COVID-19 pandemic, including the processing of personal data for healthmonitoring purposes, crisis management and cybersecurity preparedness, and steps businesses may take to ensure the business continuity of privacy compliance programs. I...

The IRS Provides Guidance Regarding Key Procedures For NOL Refund Claims and Certain NOL Elections under the CARES Act
Hunton Andrews Kurth LLP, April 2020

The Internal Revenue Service (“IRS”) issued Notice 2020-26 and Revenue Procedure 2020-24 to provide guidance regarding certain net operating loss (“NOL”) provisions in the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). Notice 2020-26 allows an extension of time for taxpayers to apply for an expedited tax refund for certain NOLs and Rev. Proc...

Catching Our Breath: Paycheck Protection Program Assessment as of April 20, 2020
Hunton Andrews Kurth LLP, April 2020

The first $349 billion of funding under the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) for the Paycheck Protection Program (“Triple P”) has now been allocated. The Small Business Administration (“SBA”) has now stopped accepting applications under the Triple P until its funding is replenished...

IRS Allows Amended 2018 and 2019 Partnership Tax Returns To Take Into Account CARES Act Benefits and Other Tax Attributes
Hunton Andrews Kurth LLP, April 2020

The Internal Revenue Service (“IRS”) released Revenue Procedure 2020-23 to allow eligible partnerships (and limited liability companies treated as partnerships for tax purposes) to file amended tax returns and issue amended Schedules K-1 to partners for 2018 and 2019 tax years. To take advantage of this relief, a partnership must file an amended IRS Form 1065 and issue corresponding Schedules K-1 before September 30, 2020...

Revenue Procedure 2020-26: IRS Issues Guidance on COVID-19 Related Forbearances Related to Securitization Issuers
Hunton Andrews Kurth LLP, April 2020

On April 13, 2020, the Internal Revenue Service (the “IRS”) issued Revenue Procedure 2020-26 (the “Revenue Procedure”), quickly providing broad and helpful relief concerning the tax impact to real estate mortgage investment conduits (“REMICs”) and fixed investment trusts (“Grantor Trusts”) of certain mortgage loan forbearances and related modifications resulting from the COVID-19 pandemic...

EPA Continues Temporary COVID-19 Policies Despite Senators’, States’, Citizens Groups’ Scrutiny
Hunton Andrews Kurth LLP, April 2020

The U.S. Environmental Protection Agency (EPA) is attempting to thread the needle in responding to the COVID-19 pandemic: offering clarity about ongoing federal environmental obligations to the broad swath of regulated entities faced with the threat of significant disruptions and other challenges, while contending with intense opposition from others who perceive its temporary enforcement policy as a “free pass to pollute” and a failure to enforce legal requirements...

California Employers In The Food Sector Industry Ordered To Provide COVID-19 Supplemental Paid Sick Leave
Hunton Andrews Kurth LLP, April 2020

On April 16, 2020, Governor Gavin Newsom issued Executive Order N-51-20, which requires California employers in the food sector industry to provide certain workers affected by the COVID-19 pandemic with up to 80 hours of supplemental paid sick leave...

EDPB Adopts Letter to European Commission on Apps Used to Fight COVID-19
Hunton Andrews Kurth LLP, April 2020

The European Data Protection Board (EDPB) adopted a letter on On April 14, 2020, concerning the European Commission’s draft Guidance on apps supporting the fight against the COVID-19 pandemic. This letter was written to the Commission following the Commission’s adoption of a recommendation to develop a common European approach to using mobile applications and mobile location data in response to the pandemic on April 8, 2020...

Key Data Protection Considerations Related to COVID-19 in the EU
Hunton Andrews Kurth LLP, April 2020

Where Do We Stand?As businesses continue to face unprecedented challenges resulting from the COVID-19 pandemic, ensuring individuals’ safety and the survival of business are two goals that are at the top of companies’ priority lists. To facilitate these goals, there are a number of key data protection considerations that companies doing business in the EU should take into account...

CARES Act Offers Assistance to Help Federal Contractors Who Offer Employees Paid Leave
Hunton Andrews Kurth LLP, April 2020

The COVID-19 pandemic is a crisis of both public health and economic well-being. Every business wantsto help its employees get through this difficult time with as little hardship as possible. Some businessescan continue to operate, and some employees can continue to perform, with remote working capabilities.For many others, such as businesses that must engage with people in person or those producing goodswith manufacturing equipment, this is impossible...

D&O Insurance Coverage for COVID-19-Related Government Investigations
Hunton Andrews Kurth LLP, April 2020

Many directors and officers liability (“D&O”) policies contain a coverage extension for expenses incurred to respond to government investigations, including subpoenas and requests for documents, among other things. In most D&O policies affording this coverage, the coverage is available only if an individual insured receives a formal request from the government or is the target of the investigation, regardless of whether the company also is named...

SBA Issues Interim Final Rule with Additional Guidance on the Paycheck Protection Program
Hunton Andrews Kurth LLP, April 2020

On April 14, the US Small Business Administration (“SBA”) released an immediately effective interim final rule (the “Interim Final Rule”) providing additional guidance for the “Paycheck Protection Program” established under the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act” or “Act”)...

COVID-19: Considerations for Internal Controls Over Financial Reporting
Hunton Andrews Kurth LLP, April 2020

With many public companies recently completing the first fiscal quarter of 2020, the quarterly financial statement close and reporting process is in full swing for a large percentage of issuers. The COVID-19 pandemic poses unique and novel challenges to those companies during this process, particularly with respect to design and testing of both internal controls over financial reporting and disclosure controls and procedures...

Who Would Offer a Free License to IP? Those Taking the Open COVID Pledge
Hunton Andrews Kurth LLP, April 2020

“We … pledge to make our intellectual property available free of charge for use in ending the COVID-19 pandemic and minimizing the impact of the disease.” This is the Open COVID Pledge, voluntarily undertaken by organizations—including companies, universities, and other intellectual property (IP) rights holders—who decide to grant temporary free access to their IP rights to help fight the COVID-19 pandemic...

CARES ACT: Forbearance of Federally Backed Multifamily Mortgage Loan Payments and Temporary Moratorium on Eviction Filings
Hunton Andrews Kurth LLP, April 2020

The widespread economic disruptions caused by the novel coronavirus (COVID-19) have left many residential tenants nationwide struggling to make rental payments, and, in turn, their landlords may also be struggling to make mortgage loan payments. In its sweeping stimulus act, the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), signed into law by President Trump on March 27, 2020, Congress provided some relief to multifamily borrowers and tenants...

CIPL Publishes Article on COVID-19 as a Case Study for Privacy Accountability
Hunton Andrews Kurth LLP, April 2020

On April 14, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP published an article entitled “COVID-19 Meets Privacy: A Case Study for Accountability” (the “Article”). The response to the COVID-19 pandemic has seen increased use and sharing of data in both the public and private sectors...

COVID-19: Considerations for Internal Controls Over Financial Reporting
Hunton Andrews Kurth LLP, April 2020

The COVID-19 pandemic poses unique and novel challenges to publicly-traded retailers, particularly with respect to design and testing of both internal controls over financial reporting and disclosure controls and procedures...

Leveraging Technology for the SBA’s Paycheck Protection Program
Hunton Andrews Kurth LLP, April 2020

For the past ten days, banks have faced the herculean task of helping the Small Business Administration (“SBA”) distribute $349 billion to small businesses to cover eligible payroll expenses as they navigate the COVID-19 crisis. To put this in context, the SBA typically processes about $25 billion a year—meaning the agency has to process over 10 times the total yearly average of loans in less than two months...

Triple P Director Eligibility
Hunton Andrews Kurth LLP, April 2020

On April 4, 2020, the Small Business Administration (“SBA”) required lenders to certify, as part of the ETrans system, that a director, officer or 20% shareholder of the lender was not associated with the applicant. The SBA was reading into the Paycheck Protection Program (“Triple P”) rules that were a carryover from the 7(a) program...

Federal Reserve Releases High-Level Terms of Main Street Lending Program
Hunton Andrews Kurth LLP, April 2020

On April 9, 2020, the Federal Reserve announced actions providing up to $2.3 trillion in loans to support the US economy. These actions included the creation of two facilities that comprise the Main Street Lending Program referred to under Title IV of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)...

Ginnie Mae Announces Pass-Through Assistance Program Related to COVID-19
Hunton Andrews Kurth LLP, April 2020

On Friday, April 10, 2020, Ginnie Mae threw a lifeline to its issuers (Issuers), who are experiencing unprecedented liquidity shortfalls related to the COVID-19 emergency. Issuers must make timely and in- full principal and interest payments to mortgage-backed security (MBS) holders, regardless whether borrowers make their mortgage payments...

 

 

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