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Haynes and Boone | April 2020

On April 14 and April 15, 2020, the Small Business Administration ("SBA") provided additional guidance on the Paycheck Protection Program (“PPP”) through the issuance of a new Interim Final Rule (the “New Rule”). This rule supplements the first PPP interim final rule published on April 2, 2020, as well as issuing updates to the Frequently Asked Questions document (“FAQs”) originally published on April 2, 2020 ...

Haynes and Boone | April 2020

The IRS issued Notice 2020-23 on April 9, 2020, which amplifies Notice 2020-18 and Notice 2020-20 (see our prior coverage here) and provides additional relief to affected taxpayers. In this Notice 2020-23, the IRS determined that any person (i.e ...

Haynes and Boone | April 2020

The nearly global response to the spread of the deadly Coronavirus has led to governmental authorities at all levels issuing “stay-at-home orders,” “orders to close non-essential businesses,” and bans on gatherings of 10 people or more. The resulting shut-down, as well as the impact of widespread remote-working practices and displacement of personnel, may disrupt or interrupt trading and hedging activity ...

Haynes and Boone | April 2020

On April 13, 2020, Federal OSHA implemented its nterim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)(“Enforcement Plan”), which provides instructions and guidance to Area Offices and OSHA investigators for handling COVID-19-related complaints, referrals, and severe illness reports ...

Haynes and Boone | April 2020

The Federal Trade Commission (FTC) is devoting significant resources to combat deceptive COVID-19 advertising in a range of industries as consumer complaints to the FTC pick up steam. Companies are shifting marketing spend to cover COVID-19 messaging and should be mindful of the FTC’s increased scrutiny. Through April 9, 2020, the FTC has received 15,006 consumer complaints relating to COVID-19 advertising and business activities ...

Haynes and Boone | April 2020

OSHA requires that covered employers record certain work-related injuries and illnesses on their OSHA 300 log. Under OSHA’s recordkeeping requirements, COVID-19 is a recordable illness, and employers are responsible for recording cases of COVID-19, if all of the following are met: The case is a confirmed case of COVID-19; The case is work-related, as defined by 29 CFR 1904.5; and The case involves one or more of the general recording criteria set forth in 29 CFR 1904 ...

Haynes and Boone | April 2020

Does the Covid-19 pandemic (or actions taken to counter the spread of Covid-19) constitute a Force Majeure in a refit/ repair contract? Is there any implied right of relief for the contractor or the owner? Under English law, unlike civil law systems, a force majeure is neither defined nor automatically applicable to commercial contracts ...

Haynes and Boone | April 2020

Does the COVID-19 pandemic (or actions taken to counter the spread of COVID-19) constitute Force Majeure and is there any implied remedy (e.g. implied force majeure relief) arising as a result of the COVID-19 pandemic? Under English law, unlike civil law systems, force majeure is neither defined nor automatically applicable to commercial contracts ...

Haynes and Boone | April 2020

In their March 3, 2020 Law 360 article, our colleagues, Rob Patterson and Shu-Shu Wong, commented on the trend of certain buyers evaluating the feasibility of invoking force majeure as an excuse for not performing their purchase obligations under their liquefied natural gas long-term sale and purchase agreements (LNG SPAs) due to the COVID-19 outbreak ...

Haynes and Boone | April 2020

On April 9, 2020, the Board of Governors of the Federal Reserve System (the “Board”) announced the establishment of the Main Street Business Lending Program (“Main Street Loan Program”), an up to $600 billion lending program for mid-size businesses ...

Haynes and Boone | April 2020

On April 8, 2020, the Small Business Administration (“SBA”) provided additional guidance on the Paycheck Protection Program (“PPP”) through an update to the Frequently Asked Questions document (“FAQs”) originally published on April 2, 2020 and subsequently updated on April 6th and 7th ...

Haynes and Boone | April 2020

We have previously reported on the Order that adopted the extraordinary measures under the COVID-19 health emergency declaration, published on March 31, 2020 (the “Order”), and the subsequent Technical Guidelines regarding certain essential activities described in the Order published on April 6, 2020. (These alerts may be found here and here, respectively ...

Haynes and Boone | April 2020

On 8 March 2020, Saudi Arabia initiated a price war with Russia which has caused a major fall in the price of oil. This is disastrous for an industry that had only just recently recovered from the 2014 crash and companies are now looking at how to best get through another difficult downturn ...

Haynes and Boone | April 2020

The USPTO has provided twoavenuesfor relief to trademark owners impacted by the novel coronavirus (COVID-19) pandemic: Applicants and registrants can claim the benefit of a30-day grace periodon many types of filings with deadlines between March 27, 2020 and April 30, 2020.1The requesting party must make the case that COVID-19 hasmaterially interferedwith meeting the deadline or paying the requisite fee. This alert mostly will elaborate on this grace period measure ...

Haynes and Boone | April 2020

The power sector has responded rapidly to the Coronavirus pandemic by following Emergency Operations Plans, some of which specifically include responses to epidemics. The reliability of the grids across the United States have been maintained and power providers are necessary to the continued functioning of the country ...

Haynes and Boone | April 2020

Companies operating in the oil & gas industry in the UK can find the most up-to-date information and guidance relating to the on-going COVID-19 pandemic on the websites of Oil & Gas UK (“OGUK”), Step Change in Safety and the Health and Safety Executive (“HSE”), amongst others. OGUK & Step Change in Safety OGUK is continuing to publish the latest information and guidelines relating to COVID-19 on its website ...

Haynes and Boone | April 2020

Under English law, unlike civil law systems, a force majeure is neither defined nor automatically applicable to commercial contracts ...

Haynes and Boone | 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 ...

Haynes and Boone | April 2020

Effective on April 6, 2020, an Order was published to establish the technical guidelines (the “Technical Guidelines”) for the activities described in Article 1, Section II, sub-sections (c) and (e) of the order that adopted extraordinary measures to deal with the health emergency caused by the SARS-CoV2 virus” (the “Order”). (We published an article on the Order, which may be foundhere ...

Haynes and Boone | 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 ...

Haynes and Boone | 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 ...

Haynes and Boone | 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 ...

Haynes and Boone | 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 ...

Haynes and Boone | 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 ...

Haynes and Boone | 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 ...

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