log in
Submit an Article | Back

Member Articles

Selected Filters:
Firm: Spilman Thomas & Battle,

Sort By Title  |  Sort By Date

Unprecedented: COVID-19 Litigation Trends, Issue 7
Spilman Thomas & Battle, PLLC, May 2020

This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits have dominated the past week’s news cycle. We expect these latter two types of cases, which we consider more broadly as COVID-19 exposure cases, to pick up significantly as the country reopens over the next several weeks...

Rise in Employment Law Claims: Knowing the Risks and the Long-Term Legal Implications Anticipated from the COVID-19 Pandemic
Spilman Thomas & Battle, PLLC, May 2020

The COVID-19 pandemic hit employers hard and fast, causing employers to deal with loss of revenue, tough decisions in regard to workforce and pay issues, and new laws and other guidelines that had to be analyzed and implemented quickly, with little time for planning or preparation...

COVID-19 Update: New Critical Guidance on PPP Loan Forgiveness
Spilman Thomas & Battle, PLLC, May 2020

On May 13, 2020, the Small Business Administration ("SBA") issued FAQ # 46 dealing with its plan to review certain PPP loans (in response to COVID-19) to determine if the “necessity” certification was made in good faith by the borrower at the time of application...

Mandatory COVID-19 Testing: Is Your Skilled Nursing Facility Prepared?
Spilman Thomas & Battle, PLLC, May 2020

As the COVID-19 pandemic continues, many states now are requiring mandatory testing of residents and employees of skilled nursing and assisted living facilities, including West Virginia, South Carolina, and Florida. Other states, such as Pennsylvania, are proposing legislation requiring mandatory testing. President Trump also has indicated that the federal government may require mandatory testing of all nursing home residents and employees nationwide...

COVID-19 Shutdown Showdown in Pennsylvania
Spilman Thomas & Battle, PLLC, May 2020

Lawmakers and citizens across the country are engaged in disputes over the breadth and duration of shutdown orders intended to slow the spread of the novel coronavirus. Pennsylvania was the first state, however, to have a case reach the U.S. Supreme Court where, despite a setback for the petitioners when their application for stay was denied, it remains pending. And, Pennsylvania may have the distinction of the most contentious dispute, as well...

Unprecedented: COVID-19 Litigation Trends - Issue 6
Spilman Thomas & Battle, PLLC, May 2020

This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the COVID-19 pandemic, with colleges and universities being a particular target. Consumers also have targeted retailers for alleged price-gouging behavior...

The U.S. Supreme Court Sides with PA on the Shutdown Showdown—for Now
Spilman Thomas & Battle, PLLC, May 2020

On referral from Justice Alito to the full court, the Supreme Court of the United States on Wednesday denied an application to halt the enforcement of Pennsylvania Governor Wolf’s shutdown order...

Time for a Check-Up: Are Your Arbitration Agreements and Admissions Procedures Up to Date for Your Skilled Nursing Facilities?
Spilman Thomas & Battle, PLLC, May 2020

During this turbulent period, now is the time to evaluate your facility's admission procedures and paperwork, especially your arbitration agreement. You want to make sure that in the event of litigation they will withstand strict scrutiny by the court. Failure to do so may have dire consequences that will leave your facility vulnerable.   If your admission procedures and paperwork are not sufficiently robust, a court will not enforce your facility's arbitration agreement...

EEOC Delays EEO-1 Filing Obligations Due to COVID-19
Spilman Thomas & Battle, PLLC, May 2020

The U.S. Equal Employment Opportunity Commission (“EEOC”) is delaying data collection for their annual EEO-1 Report filing. The EEO-1 Employer Information Report, is a survey that is required annually for larger employers and government contractors. The survey collects employment data organized by race, ethnicity, gender, and job category...

Depositions in the COVID-19 Era
Spilman Thomas & Battle, PLLC, May 2020

COVID-19 has caused a swift and unprecedented change to many social institutions in the United States (and worldwide). As a result, lawyers have been compelled to adopt new practices and policies to face the challenges of this time. No discipline has been changed quite as much, however, as that of the litigator. COVID-19, for example, has changed the way depositions will look for the immediate future...

Navigable Waters Protection Rule (formerly the Clean Water Rule)
Spilman Thomas & Battle, PLLC, May 2020

On April 21, 2020, the EPA and USACE (jointly the "Agencies") had published in the Federal Register the final rule, "Navigable Waters Protection Rule" (NWPR), which has a scheduled effective date of June 22, 2020. Thus, what has been generally known for some time as the Clean Water Rule is replaced with the Navigable Waters Protection Rule. Just the name change suggests a new emphasis in implementing the Clean Water Act...

The Importance of the Bankruptcy Discharge and How to Attack It
Spilman Thomas & Battle, PLLC, May 2020

In a typical bankruptcy filing, a debtor seeks the benefit of two concepts. First, the debtor seeks the breathing room afforded that debtor by the automatic stay. Second, the debtor seeks to discharge all debt obligations adjudicated in the bankruptcy case. Absent these protections, a bankruptcy filing serves little purpose. As a result, a creditor or trustee who can attack the debtor's entitlement to a discharge threatens the heart of any filing...

U.S. PTO COVID-19 Update: Patent Office Extensions Through May 31, 2020
Spilman Thomas & Battle, PLLC, May 2020

The Director of the U.S. Patent and Trademark Office on April 28, 2020 signed a Notice of Extended Waiver for certain deadlines associated with patent-related filings, if the missed deadline resulted from situations relating to COVID-19. Due dates between March 27 and May 31, 2020 are extended until June 1, 2020...

More Guidance about PPP Loans
Spilman Thomas & Battle, PLLC, May 2020

On May 5, 2020, the Small Business Administration extended the time in which certain borrowers of Paycheck Protection Program loans may take advantage of the certification safe harbor SBA announced on April 24, 2020.  The SBA also issued guidance on applying the affiliation rules to businesses with U.S. and foreign affiliates...

U.S. PTO COVID-19 Update: Trademark Office Extensions Through May 31, 2020
Spilman Thomas & Battle, PLLC, May 2020

The Director of the U.S. Patent and Trademark Office on April 28, 2020 signed a Notice of Extended Waiver for certain deadlines associated with trademark-related filings, if the missed deadline resulted from situations relating to COVID-19. Due dates between March 27 and May 31, 2020 are extended until June 1, 2020...

COVID-19 Return-to-Work Legal and Business Guidance: Development of a Customized "Playbook"
Spilman Thomas & Battle, PLLC, May 2020

Our COVID-19 Task Force stands ready to assist with developing your customized "playbook" for helping your business return to the new normal.   Below are a few recent articles Spilman has published, along with a link to a recent webinar...

Pennsylvania Update: Guidance Issued for Businesses as 24 Counties Move to the Yellow Phase of the Reopening Plan
Spilman Thomas & Battle, PLLC, May 2020

Governor Wolf has selected 24 counties for movement from the red phase to the yellow phase of the reopening plan. Once a business is permitted to open in-person operations, they must comply with certain requirements that are set forth in a guidance document available here.   The Guidance references certain orders and documents issued by the PA Department of Health, PA Department of State and Governor's Office...

Think Your Debt is Dead in the Water? Think Again!
Spilman Thomas & Battle, PLLC, May 2020

At Spilman Thomas & Battle, we talk with lending clients regularly about their collection options against borrowers who have defaulted in their obligations. Many are surprised to learn how varied and wide their toolbox actually is. Debts that look dead in the water may yet have air in the lungs...

24 Pennsylvania Counties Selected to Start the Reopening Process on May 8
Spilman Thomas & Battle, PLLC, May 2020

Governor Wolf announced that 24 Pennsylvania counties will move from the red phase to the yellow phase of the reopening plan beginning at 12:01 a.m. Friday, May 8. The 24 counties announced today are: Bradford, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, Lycoming, McKean, Mercer, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, Union, Venango and Warren...

The Department of Justice Weighs in on State Shutdown Orders
Spilman Thomas & Battle, PLLC, May 2020

On Wednesday, April 27, 2020, Attorney General Bill Barr issued a memorandum “directing each of our United States Attorneys to also be on the lookout for state and local directives that could be violating the constitutional rights and civil liberties of individual citizens.” Attorney General Barr specifically called out “discrimination against religious institutions and religious believers...

Unprecedented: COVID-19 Litigation Trends for April 24-May 3, 2020
Spilman Thomas & Battle, PLLC, May 2020

Our updates about “The REAL Trending Litigation Topics Regarding COVID-19” are now called Unprecedented to reflect the development and adaption of legal theories to address the unprecedented impact from COVID-19. Although the name is new, Unprecedented will continue to bring you the most up-to-date trends in COVID-19 litigation each week. With the first full month of government-imposed shutdowns behind them, some parts of the country are starting to gradually reopen...

Unprecedented: COVID-19 Litigation Trends: Issue 5
Spilman Thomas & Battle, PLLC, May 2020

Our updates about “The REAL Trending Litigation Topics Regarding COVID-19” are now called Unprecedented to reflect the development and adaption of legal theories to address the unprecedented impact from COVID-19. Although the name is new, Unprecedented will continue to bring you the most up-to-date trends in COVID-19 litigation each week. With the first full month of government-imposed shutdowns behind them, some parts of the country are starting to gradually reopen...

ACA International v. Healey - Will Massachusetts' Debt Collection Freeze Hold Up To Constitutional Heat?
Spilman Thomas & Battle, PLLC, May 2020

A number of states have issued executive orders or other emergency declarations to provide relief from certain debt collection practices in the wake of the COVID-19 crisis. Such measures include ceasing new wage attachments and vehicle repossessions, etc. None have been as comprehensive as the regulation issued by Massachusetts Attorney General, Maura Healey, on March 26, 2020...

COVID-19 WATCH LIST – Senators Warren and Brown Propose Pausing All Debt Payments
Spilman Thomas & Battle, PLLC, May 2020

Sen. Elizabeth Warren (D-Mass.) and Sen. Sherrod Brown (D-Ohio) have released a proposal calling on Congress to provide additional protections for consumers during the COVID-19 pandemic. Their proposal notes that an unprecedented 22,000,000 Americans filed for unemployment benefits in the past four weeks. Millions of them received or will receive a $1,200 stimulus check the senators argue will not cover one month of basic expenses...

Freddie Mac and COVID-19
Spilman Thomas & Battle, PLLC, May 2020

Freddie Mac has taken a series of steps to assist its borrowers, sellers, and servicers during these unprecedented times, and should help Freddie Mac continue its goal to “keep mortgage money flowing, support the stability of the housing market, and promote housing affordability.”   Freddie Mac announces avenues of assistance to borrowers affected by COVID-19, and that borrowers in forbearance will not be required to repay in a single lump sum...

 

 

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | PRIVACY POLICY | DISCLAIMER |  © World Services Group, 2021