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Federal Court Strikes Down Portions of Department of Labor’s Final Rule On COVID-19 Leave, Expands Coverage
Hunton Andrews Kurth LLP, August 2020

On August 3, 2020, the United States District Court for the Southern District of New York struck down portions of the DOL’s Final Rule regarding who qualifies for COVID-19 emergency paid sick leave under the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”), collectively referred to at the Families First Coronavirus Response Act...

European Commission Releases First Report on Evaluation of GDPR
Hunton Andrews Kurth LLP, June 2020

On June 24, 2020, the European Commission (“the Commission”) submitted its first report on the evaluation and review of the EU General Data Protection Regulation (“GDPR”) to the European Parliament and Council. The report is required under Article 97 of the GDPR and will be produced at four year intervals going forward...

Restaurant Chain Seeks to Recover COVID-19 Losses Under Food Contamination Theory
Hunton Andrews Kurth LLP, June 2020

 A group of Las Vegas-based restaurants recently filed a class action lawsuit to recover business interruption damages against their insurer. The Egg Works chain alleged that U.S. Specialty wrongly denied their claims for financial losses stemming from the Nevada governor’s closure of non-essential businesses during the COVID-19 pandemic. The governor’s orders limited the restaurants to takeout and delivery service only...

EPA Warns Against Potentially False and Misleading COVID-19 Disinfectant Claims
Hunton Andrews Kurth LLP, June 2020

A consumer advisory issued on June 1, 2020 by the United States Environmental Protection Agency (EPA) clarifies which hard-surface disinfectant products may legally make claims regarding expected efficacy against the COVID-19 virus. The advisory, titled “What You Need to Know Regarding Products Making Claims to Kill the Coronavirus Causing COVID-19,” also warns retailers of potential enforcement actions if they sell non-compliant products...

COVID-19 and E-Commerce are Changing Retailers' Real Estate Footprints
Hunton Andrews Kurth LLP, May 2020

The COVID-19 pandemic has driven a large shift toward online retail transactions. In April of 2020, nonstore sales, mostly conducted through e-commerce, increased by nearly 30 percent while overall retail sales in the US are down 16 percent year over year, according to the Department of Commerce. The recent flood of e-commerce has left unprepared retailers struggling to fulfill orders, as they currently lack the requisite warehouse space and other supply chain capabilities...

COVID-19: Three Key Things in Health Care
Hunton Andrews Kurth LLP, May 2020

Three Key Things in Health Care offers snapshots of three significant issues in health care that we believe merit your attention. Published weekly by the Hunton Andrews Kurth Health Care Practice Group, the goal of Three Key Things is not to repeat what is already in the trade press, but to provide actionable ideas that will benefit your organization. We welcome your feedback! The COVID-19 crisis will be a driver for provider affiliation transactions...

CDC, OSHA Release Workplace Safety Guidance for Meat Processing Employers
Hunton Andrews Kurth LLP, May 2020

The Centers for Disease Control and Occupational Safety and Health Administration collaborated to release new guidance for employers in the meat processing industry on April 26...

COVID-19: Impact of Closures, Delays, and Executive Order on Diversity Visa Program
Hunton Andrews Kurth LLP, April 2020

Since 1990, the United States has granted up to 50,000 green cards each year to immigrants selected through the “Diversity Visa Lottery.” Recently, the US Department of State announced delays in processing these cases due to COVID-19...

Odds and Ends Regarding the Paycheck Protection Program
Hunton Andrews Kurth LLP, April 2020

The stresses of the Paycheck Protection Program (the “Triple P”) cannot be understated or, frankly, contemplated by those who are operating outside the trenches. In light of the challenges for a lender to just obtain the required documentation and work applications through the system amid the constant rule changes, it is easy to lose track of some important issues that have not made headline news for the Triple P...

No Mask, No Service: Evolving COVID-19 Orders May Support Insurance Coverage for Retailers' Losses
Hunton Andrews Kurth LLP, April 2020

Many recent government orders require “nonessential” businesses to close due to COVID-19, resulting in massive financial losses for many retail businesses. The orders also change how “essential” retailers do business. For instance, Miami-Dade County’s mayor issued an executive order requiring people who visit or work at, among other places, grocery stores, restaurants and pharmacies to use face coverings...

UK Government “Future Fund” – Welcome Financial Assistance for the Start-Up Sector
Hunton Andrews Kurth LLP, April 2020

By way of extension to the existing array of financial support for business, the UK government has announced that a new fund will be launched in May aimed specifically at benefiting high-growth companies. This will be by way of convertible loans to unlisted UK companies which have a “substantive economic presence” in the UK, provided they have raised at least £250,000 from investors over the past five years...

90-Day Tariff Relief Provides Retailers with Much-Needed Liquidity
Hunton Andrews Kurth LLP, April 2020

Importers that have suffered “significant financial hardship” due to COVID-19 may qualify for a 90-day pay extension for certain tariffs. On April 19, 2020, following calls for trade liberalization to ease economic pressures, the Trump administration issued an executive order, along with a temporary final rule by the US Department of Homeland Security’s Customs and Border Protection (CBP), which postpones the time to deposit certain duties, taxes and fees...

Utilizing Tax Refunds Available to Commercial Borrowers Under the CARES Act
Hunton Andrews Kurth LLP, April 2020

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) provides banks, like other taxable entities, with an opportunity to take advantage of tax refunds from net operating losses (“NOLs”) and accelerated alternative minimum tax (“AMT”) credits...

Paycheck Protection Program Updates: Additional Funding, New Interim Final Rule, and Updated Guidance
Hunton Andrews Kurth LLP, April 2020

Friday, April 24, 2020, was another seminal day for the Paycheck Protection Program, which has had quite a few of them...

The IRS Provides Guidance Regarding Business Interest Expense Deductions and Expanded Bonus Depreciation under the CARES Act
Hunton Andrews Kurth LLP, April 2020

The Internal Revenue Service (“IRS”) released Revenue Procedure 2020-22 to provide guidance regarding the increased ability to deduct business interest expenses (and elections resulting from the change) and the expansion of bonus depreciation to include qualified improvement property under the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 116-136, 134 Stat. 281 (the “CARES Act”)...

EEOC Confirms Employer-Mandated COVID-19 Testing Does Not Violate the ADA
Hunton Andrews Kurth LLP, April 2020

On April 23, 2020, the EEOC updated its Technical Assistance Questions and Answers, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” which Hunton previously posted about here, to address questions that many employers are struggling with related to employee COVID-19 testing...

COVID-19: President Halts Immigrant Visa Admissions for Sixty Days
Hunton Andrews Kurth LLP, April 2020

On the night of Monday, April 20, 2020, the President tweeted that he would “protect” American jobs during the COVID-19 crisis by issuing an Executive Order that would “temporarily suspend immigration...

In First Month of COVID-19 Guidance, the California Regional Water Quality Control Boards Have Issued Hundreds of Approvals for Compliance Extensions Submitted by Regulated Entities
Hunton Andrews Kurth LLP, April 2020

On March 20, the California Water Boards issued guidance about complying with regulatory requirements during the COVID-19 shelter-in-place orders. We summarized that guidance here. In short, the guidance directs regulated entities to “immediately” notify the Board if compliance is not possible and to seek appropriate relief. Water Board staff committed to “do their best to respond within 24/48 hours...

US Chamber of Commerce Comments to the Main Street Lending Program
Hunton Andrews Kurth LLP, April 2020

On April 16, 2020, the US Chamber of Commerce (the Chamber) delivered a letter to the Federal Reserve and the United States Department of Treasury setting forth recommendations relating to the Main Street Lending Program that was announced by the Federal Reserve on April 9 and authorized pursuant to Title IV of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)...

COVID-19 and Force Majeure: Jurisdictional Comparison and Practical Legal and Commercial Considerations
Hunton Andrews Kurth LLP, April 2020

The COVID-19 pandemic presents severe and unprecedented challenges to the global economy across all industry sectors. Given the number of countries that have, or are, introducing countermeasures and restrictions to tackle the COVID-19 pandemic, more and more businesses may find that they, or their counterparties, are prevented from fulfilling their contractual obligations...

Federal Reserve Releases FAQ Page and Announces Updated Terms of the Primary Market Corporate Credit Facility
Hunton Andrews Kurth LLP, April 2020

On Friday, April 17, the Federal Reserve Bank of New York (Reserve Bank) released Frequently Asked Questions addressing the Primary Market Corporate Credit Facility (PMCCF) and the Secondary Market Corporate Credit Facility (SMCCF) (together, the CCFs). The Federal Reserve established the CCFs on March 23, 2020, to support the flow of credit to large employers in the wake of the COVID-19 pandemic...

Financial Institution Directors’ Duties: Key Considerations and Lessons from the 2008 Financial Crisis
Hunton Andrews Kurth LLP, April 2020

In responding to the novel coronavirus (COVID-19) pandemic and operating under the various emergency orders that have been issued by federal and state governments and other regulators, financial institutions and their boards of directors will have to make significant decisions in “real time” based on imperfect information and rapidly changing circumstances...

If Passed, the Facilitating Innovation to Fight Coronavirus Act Would Provide Liability and Patent Protections to Healthcare Professionals Battling COVID-19
Hunton Andrews Kurth LLP, April 2020

In two prior alerts, we addressed ways in which i) the federal government and ii) IP owners themselves may help in the fight against COVID-19 by temporarily broadening rights to use, make, and sell technologies protected by IP rights. A third creative solution that tries to balance IP rights protection with public health protection has been proposed by a member of Congress. On March 30, 2020, US Senator Benjamin E...

NY Department of Financial Services Issues Guidance to Regulated Entities Regarding Cybersecurity During the COVID-19 Pandemic
Hunton Andrews Kurth LLP, April 2020

On April 13, 2020, the New York Department of Financial Services (“NYDFS”) issued guidance (“April guidance”) to all New York State entities covered under NYDFS’s cybersecurity regulation regarding assessing and addressing heightened cybersecurity risks due to the COVID-19 pandemic...

UK ICO Releases Its Opinion on Apple and Google Partnership to Build COVID-19 Contact Tracing Technology
Hunton Andrews Kurth LLP, April 2020

Elizabeth Denham, the UK Information Commissioner, has released an opinion in response to the joint effort announced by Apple Inc. (“Apple”) and Google LLC (“Google”) to enable the use of Bluetooth technology to help governments and health agencies reduce the spread of COVID-19 by building contact-tracing technology into iOS and Android smartphones...

 

 

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