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New York Enacts a Moratorium on COVID-19-Related Residential Evictions and Foreclosures
Bradley Arant Boult Cummings LLP, January 2021

On December 28, 2020, New York passed a new law entitled the “COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020.” The act places a moratorium on COVID-19-related residential real property mortgage foreclosure actions and residential eviction proceedings until May 1, 2021, where a tenant or homeowner has submitted a “hardship declaration” to the foreclosing party, landlord, and/or the court...

New Temporary Special Rules for Flexible Spending Accounts
Bradley Arant Boult Cummings LLP, January 2021

The president has signed into law the Taxpayer Certainty and Disaster Tax Relief Act of 2020, which includes several temporary special rules aimed at minimizing forfeitures and increasing the utility of health and dependent care flexible spending accounts (FSAs). Plans providing for one or both accounts can take advantage of these participant-friendly rules immediately...

How to Provide Employees $26,250 in Nontaxable Student Loan Repayment Assistance
Bradley Arant Boult Cummings LLP, January 2021

The Taxpayer Certainty and Disaster Tax Relief Act, recently passed as part of the “Consolidated Appropriations Act, 2021,” has significantly extended the tax exclusions for employer-paid student loan repayment assistance introduced under the CARES Act. With this extension, employers can provide employees with student loan repayment assistance of up to $5,250 per year for 2021 through 2025 (up to $26,250 total)...

Trademark Law Trends To Follow In 2021
Bradley Arant Boult Cummings LLP, January 2021

2020 was a busy year for trademark litigation, with three U.S. Supreme Court decisions and several high-profile lower court cases involving trademark law. But many folks are understandably eager to put 2020 in the rearview mirror. So too does this article focus on the future, with the following examination of key trademark litigation trends to watch for in 2021. Fallout From Fossil: Influx of Profits Awards? The Supreme Court's recent decision in Romag Fasteners Inc. v...

Weekly Digest: COVID-19 Resources
Bradley Arant Boult Cummings LLP, December 2020

This digest is a curated list of Bradley content regarding the coronavirus. In an effort to provide our clients with the easiest way to find information that may be beneficial in responding to the impact of COVID-19, we have provided links to our most recent blog posts, news alerts, webinar recordings and more. Additionally, this digest will now be deployed on a weekly basis in an effort to reduce the number of emails our clients receive...

FTC Sues to Block Methodist Le Bonheur-St. Francis Transaction
Bradley Arant Boult Cummings LLP, November 2020

On November 12, 2020, the Federal Trade Commission (FTC) sued to block the acquisition of two Memphis-area hospitals by Methodist Le Bonheur Healthcare. Eleven months earlier, on December 12, 2019, Methodist entered into an agreement with Dallas-based Tenet Healthcare Corporation to purchase Saint Francis-Memphis and St. Francis-Bartlett (along with their associated physician practices, urgent care centers, and other ancillary care providers) for $350 million...

States Enact Statutes that Protect Landlords from COVID-19 Premises Liability Claims
Bradley Arant Boult Cummings LLP, November 2020

A minority of states have enacted statutes and taken other action to protect business owners from claims by persons who allegedly were infected by COVID-19 on their premises.1 The purpose of this article is to compare these statutes and discuss some of the differences between them. This article addresses statutes in effect as of October 27, 2020. The article does not address pending legislation...

Mortgage Servicing in the Age of COVID-19: Post Forbearance
Bradley Arant Boult Cummings LLP, October 2020

On page 8 of the September–October issue, we discussed the COVID-19 forbearance landscape and related compliance challenges for mortgage servicers. In this article, we unpack the post-forbearance world, focusing on the transition out of forbearance and into other forms of loss mitigation assistance, including, but not limited to, payment deferrals, repayment plans, loan modifications, etc...

Information Blocking Rule Compliance Date Extended Due to Pandemic
Bradley Arant Boult Cummings LLP, October 2020

The U.S. Department of Health and Human Services (HHS) Office of the National Coordinator for Health Information Technology (ONC) released an interim final rule on October 29, 2020, delaying the implementation of the information blocking rule under the 21st Century Cures Act (Information Blocking Rule)...

Get Right with OSHA on COVID-19 or Get Fined
Bradley Arant Boult Cummings LLP, October 2020

Most employers are familiar with the role of the Occupational Safety and Health Administration (OSHA) in enforcing standards to ensure that the working men and women in the United States have a safe and healthy workplace. The current COVID-19 pandemic has presented new challenges to OSHA for reviewing how employers are protecting their employees...

With Remote Workers in Different States, What About Jurisdiction?
Bradley Arant Boult Cummings LLP, October 2020

With the explosion of remote work arrangements during the COVID-19 pandemic, employers are more likely to have remote employees who live in different states. A company should examine whether it is actually subject to potential jurisdiction for legal claims in each state where it has a remote employee. In other words, if your company has employees working remotely in other states, can you actually be sued in all of those states? The answer is maybe...

Federal Highway Construction Funding Extended for Another Year Without Long-Term Plan in Place
Bradley Arant Boult Cummings LLP, October 2020

One of the key refrains of national politics recently has been that we need to address, repair, and replace aging infrastructure. Of course, this leads to the core problem of funding as the amount of infrastructure construction and maintenance currently needed in the U.S. is staggering. The federal government recently put off dealing with this growing problem by extending funding for federal highway and public transportation programs for one year...

Big Win for Restaurant Policyholders in COVID-19 Litigation in North Carolina
Bradley Arant Boult Cummings LLP, October 2020

A North Carolina court has required Cincinnati Insurance Company to provide business interruption and extra expense coverage to 16 North Carolina restaurants that lost the use of and access to their properties due to COVID-19 civil authority orders (see North State Deli, LLC, et al. v. Cincinnati Insurance Co. et al.)...

Sweatpants in the Workplace? Dress Code Considerations When Returning to the Office During a Pandemic
Bradley Arant Boult Cummings LLP, October 2020

Months of working from home have made at least one thing clear – the “Freshman 15” has nothing on the COVID-19. Boredom, stress, and ease of access to the refrigerator has caused many employees to trade in their suits for sweatpants and their heels for flip-flops. As offices see more and more employees return to work, employers may want to consider taking proactive steps to curtail such casual attire in the workplace. Can employers require a dress code? Yes...

Words to Remember: Mother's Sayings Help Us Get Through the Pandemic
Bradley Arant Boult Cummings LLP, October 2020

In these strange new days of back-to-back virtual meetings, working from home offices, home-schooling children, and social distancing from the grocery store, not to mention from most human beings—who is to say that anyone actually will read these pearls of wisdom from my sweet, dearly departed mother...

Weekly Digest: COVID-19 Resources from Bradley
Bradley Arant Boult Cummings LLP, October 2020

This digest is a curated list of Bradley content regarding the coronavirus. In an effort to provide our clients with the easiest way to find information that may be beneficial in responding to the impact of COVID-19, we have provided links to our most recent blog posts, news alerts, webinar recordings and more. Additionally, this digest will now be deployed on a weekly basis in an effort to reduce the number of emails our clients receive...

Words to Remember: Mother’s Sayings Help Us Get Through the Pandemic
Bradley Arant Boult Cummings LLP, October 2020

In these strange new days of back-to-back vir-tual meetings, working from home offices, home-schooling children, and social distancing from the grocery store, not to mention from most human beings—who is to say that anyone actually will read these pearls of wisdom from my sweet, dearly departed mother...

Weekly Digest: COVID-19 Resources from Bradley
Bradley Arant Boult Cummings LLP, October 2020

This digest is a curated list of Bradley content regarding the coronavirus. In an effort to provide our clients with the easiest way to find information that may be beneficial in responding to the impact of COVID-19, we have provided links to our most recent blog posts, news alerts, webinar recordings and more. Additionally, this digest will now be deployed on a weekly basis in an effort to reduce the number of emails our clients receive...

CFPB Speaks: Expectations for Servicers in the Age of COVID-19 Webinar Recording
Bradley Arant Boult Cummings LLP, October 2020

Join us for a special opportunity to hear directly from the CFPB about mortgage servicing in the COVID-19 era. On October 14 from 2:00-3:00 p.m. ET, Bradley hosted a Q&A session with Allison Brown of the CFPB's Office of Supervision Policy to discuss the CFPB’s supervisory expectations as the industry grapples with CARES implementation and other challenges arising from the coronavirus crisis...

Tennessee Law and Practice
Bradley Arant Boult Cummings LLP, October 2020

The US Regional Employment 2020 features 14 states. The guide provides expert legal commentary on the impact of COVID-19 on the workplace, the "Black Lives Matter" and "Me Too" movements, unions, the National Labor Relations Board, the interviewing process, restrictive covenants, discrimination and harassment, and whistle-blower claims. Bradley attorneys authored the Alabama and Tennessee chapters of the US Regional Employment 2020 featured below...

COVID-19 FOMU for Employers: Fear of Messing Up
Bradley Arant Boult Cummings LLP, October 2020

Even in virus-free times, the world of labor laws and employment regulations is at best confusing to an employer, and at worst, overwhelming. Adding the stress of emergency paid sick leave, ever-evolving unemployment qualifications, and shelter-in-place orders is enough to make any boss’s head spin. Business owners want to keep their employees healthy and safe. They also want to operate in a way that at least garners enough income to keep the doors open...

School Dazed: Navigating Back to School, Other Paid Leave Issues under the FFCRA & Seeking Loan Forgiveness Under the Paycheck Protection Program Webinar Recording
Bradley Arant Boult Cummings LLP, September 2020

With school getting back in session, leave issues are bound to arise. For many small to medium-sized employers, these may include paid and unpaid leave under the Families First Coronavirus Response Act (FFCRA), as well as other complicated issues that may arise under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). This webinar will provide an overview of the FFCRA and ways employers can try to navigate the FFCRA during this uncertain time...

Individual Chapter 11 Cases Under New Subchapter V
Bradley Arant Boult Cummings LLP, September 2020

IN BRIEF The current economic decline caused by the COVID-19 pandemic will result in a surge of debtors in need of bankruptcy protection. Subchapter V to the rescue! Despite some burdens on debtors, the advantages to individuals under Subchapter V will make it substantially easier for individuals to confirm Chapter 11 plans...

State Enhancements of the Federal Opportunity Zone Program
Bradley Arant Boult Cummings LLP, September 2020

The Tax Cuts and Jobs Act of 2017 established the popular Opportunity Zone (OZ) program to encourage investment in economically distressed communities while allowing taxpayers to defer and potentially exclude some of their capital gains from federal income taxes. The proceeds of the sale must be timely reinvested in qualifying businesses or property located in census tracts that have been designated as OZs within the approved state...

What Employers Need to Know About the Payroll Tax Deferral Guidance
Bradley Arant Boult Cummings LLP, September 2020

Following President Trump’s Aug. 8 presidential memorandum directing the Treasury Secretary to defer the withholding and payment of certain employee payroll taxes, the Internal Revenue Service released Notice 2020-65 on Aug. 28 The two-page notice gives necessary but sparse guidance on implementing the Presidential Memorandum...

Keep an Eye on Your Capital
Bradley Arant Boult Cummings LLP, August 2020

Banks have played a crucial role these last few months as the COVID-19 pandemic has swept across the world. Through Paycheck Protection Program loans, payment deferments, and other initiatives, banks have provided significant assistance to people and businesses of all types. The banking industry has worked incredibly hard, and bankers across the country should be proud...

DOJ Aims Scrutiny at Lab Testing Space During COVID-19
Bradley Arant Boult Cummings LLP, August 2020

The Department of Justice is stepping up its scrutiny of health-care fraud, especially in testing laboratories, during the Covid-19 pandemic. Former federal prosecutor Jason Mehta, a partner with Bradley, says now is not the time to tout profits over patient care and offers insights on compliance. In the midst of a global pandemic, much attention and praise is rightfully being showered on health-care providers...

COVID-19 in the Workspace: Is Enough Enuf?
Bradley Arant Boult Cummings LLP, August 2020

You’ve been to the webinars about COVID-19. You’ve read the trade publication tips. You’ve implemented measures to protect your workers. You’re ahead of the game, right? Well, you’re certainly ahead of the sheriff who reportedly instructed his employees not to wear masks in the office. If a visitor enters Sheriff Billy Wood’s office with a mask, she or he will be instructed to remove it...

Skilled Nursing Facilities Face Enforcement Challenges in COVID-19 Environment
Bradley Arant Boult Cummings LLP, August 2020

Skilled nursing facilities have faced unprecedented challenges since the outbreak of the coronavirus pandemic. Individuals with many high-risk characteristics are the typical patients of these facilities. Add to this, necessarily close proximity of these patients, scarcity of personal protective equipment and shortage of testing common across the healthcare industry, and you have a perfect storm of increased risk with limited options for mitigation...

IRS Confirms Use of COVID-19 Leave-Sharing Plans
Bradley Arant Boult Cummings LLP, August 2020

The Internal Revenue Service (IRS) has recently published frequently asked questions addressing leave-sharing plans related to the COVID-19 pandemic. Following IRS Notice 2006-59, the IRS has confirmed that employers may set up leave-sharing plans to permit their employees to deposit leave in an employer-sponsored leave bank for use by other employees who have been adversely affected by the COVID-19 pandemic...

Show Me the Money, But Don’t Take it Back! A Primer on PPP Loans, Compliance, and Enforcement Webinar Recording
Bradley Arant Boult Cummings LLP, August 2020

In early April, the United States approved the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) authorizing $349 billion in a small business lending program called the Paycheck Protection Program (“PPP”). For franchising, this relief package seemed like a no-lose program...

Alert to Product Liability Defense Counsel: United States Supreme Court Set to Again Address Specific Personal Jurisdiction
Bradley Arant Boult Cummings LLP, July 2020

Companies subject to product liability lawsuits – and their counsel – know the importance of promptly examining whether the company is subject to general personal jurisdiction or specific personal jurisdiction of the forum court. A court with general personal jurisdiction over a defendant can hear any and all claims against that defendant. After the United States Supreme Court’s decisions in Daimler AG v. Bauman, 134 S. Ct 746 (2014) and BSNF Railway Co. v...

Emerging Opportunities — and Risks — with Telehealth in the Age of COVID-19
Bradley Arant Boult Cummings LLP, July 2020

As is painfully obvious to even the most casual of observers, the COVID-19 public health emergency has been disruptive to all industries. And, the healthcare industry has been at the epicenter of this disruption. Nonetheless, not all disruption is negative. One bright spot for many healthcare practitioners during this public health crisis has been the emergence and normalization of telehealth...

Emerging opportunities - and Risks - with Telehealth in the Age of COVID-19
Bradley Arant Boult Cummings LLP, July 2020

As is painfully obvious to even the most casual of observers, the COVID-19 public health emergency has been disruptive to all industries. And, the healthcare industry has been at the epicenter of this disruption. Nonetheless, not all disruption is negative. One bright spot for many healthcare practitioners during this public health crisis has been the emergence and normalization of telehealth...

COVID-19 Webinar Series: CFPB's Mortgage Servicing COVID-19 Interim Final Rule Webinar Recording
Bradley Arant Boult Cummings LLP, June 2020

In a significant move for mortgage servicers and mortgage loan borrowers impacted by the COVID-19 pandemic, the CFPB issued an interim final rule this week that will, among other things, enable servicers to offer a payment deferral option...

COVID-19 Webinar Series: Small Business Bankruptcy Strategies Webinar Recording
Bradley Arant Boult Cummings LLP, June 2020

The economic turmoil stemming from the outbreak of COVID-19 has forced small business owners to take drastic measures to save their companies. Unfortunately, government subsidized loans, loan deferrals, and temporary rent relief may not be enough to save all small businesses. Bankruptcy should never be the first choice for a business in financial distress, but it may be the best choice for all interested parties...

COVID-19 Webinar Series: The Changing Face of Litigation and Trials Webinar Recording
Bradley Arant Boult Cummings LLP, June 2020

As clients and counsel wrestle with the changing dynamics within litigation and trial work, Bradley has assembled trial lawyers with experience from hundreds of trials and a jury consultant of national standing to present on what is happening in courts across the country and how it is impacting the judicial system as we know it...

Looking Ahead: Commercial Real Estate - COVID-19's Impact on the Market in 2020 and Beyond Webinar Recording
Bradley Arant Boult Cummings LLP, May 2020

Please join Bradley, Graham & Co., and the Peoples Bank of Alabama for a live webinar addressing key questions our clients are asking about navigating the impact of the coronavirus (COVID-19) on the Commercial Real Estate and Lending market in 2020 and beyond...

COVID-19 Webinar Series: Looking Ahead - Commercial Real Estate: COVID-19’s Impact on the Market in 2020 and Beyond Webinar Recording
Bradley Arant Boult Cummings LLP, May 2020

Please join Bradley, Graham & Co., and the Peoples Bank of Alabama for a live webinar addressing key questions our clients are asking about navigating the impact of the coronavirus (COVID-19) on the Commercial Real Estate and Lending market in 2020 and beyond...

CPAs Beware: Some CARES Act and FFCRA Incentives Don't Play Well Together
Bradley Arant Boult Cummings LLP, May 2020

The landmark CARES Act, signed into law by the President on March 27, provides many em­ployers with several options to increase liquidity and cash flow during the time of the COVID-19 pandemic. And only 9 days be­fore that legislation was enacted, the Families First Coronavirus Re­sponse Act (FFCRA) also created two other payroll tax-related in­centives for certain employers, and to self-employed individuals...

Show Me the Money (But Don't Take it Back!): A Primer on PPP Loans, Compliance and Enforcement Webinar Recording
Bradley Arant Boult Cummings LLP, May 2020

In early April, the United States approved the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) authorizing $349 billion in a small business lending program called the Paycheck Protection Program (“PPP”). Depleted within days by the overwhelming response from businesses across the country, Congress authorized an additional $310 billion for this program on April 23. With government money, however, comes government oversight...

Enforcement in the COVID-19 Era: The Government’s Likely Playbook
Bradley Arant Boult Cummings LLP, May 2020

With much fanfare, the Department of Justice (DOJ) has rolled out a series of headlines detailing its enforcement efforts in the wake of COVID-19. At the end of March, the government announced a kickback case against a marketer who allegedly steered patients towards COVID-19 and genetic cancer testing...

How Captives Can Help Fill Pandemic Coverage Gaps
Bradley Arant Boult Cummings LLP, May 2020

An increasing number of captives have been looking at writing business interruption coverage for their owners. They should tread carefully, as doing so without following the correct procedures could have adverse tax implications. The outbreak of COVID-19 has caught many businesses off guard and in need of cash. Some hope their business interruption insurance policies will provide coverage for a loss of income suffered from a slowdown or suspension of operations...

COVID-19 Webinar Series: Bankruptcy Servicing Best Practices in the Time of Coronavirus Webinar Recording
Bradley Arant Boult Cummings LLP, May 2020

Join our Bankruptcy and Creditors’ Rights team and special guests Karlene Archer from Karlene Archer Law and Andrea Cobery, Vice President and Assistant General Counsel at U.S. Bank, for a discussion of bankruptcy servicing best practices in the time of the coronavirus. We will offer legal insights and practical guidance related to providing notice of forbearance plans in bankruptcy courts...

Tips For Applying COVID-19 Stark Law Waivers
Bradley Arant Boult Cummings LLP, May 2020

Among the many extraordinary measures taken by the federal government in response to the COVID-19 pandemic is the issuance of blanket waivers of certain provisions of the federal self-referral prohibition commonly known as the Stark Law. The waivers loosen significant restrictions on physician financial relationships in an effort to provide health care providers with greater flexibility to meet the challenges of the pandemic...

Tips For Applying COVID - 19 Stark Law Waivers
Bradley Arant Boult Cummings LLP, May 2020

Among the many extraordinary measures taken by the federal government in response to the COVID-19 pandemic is the issuance of blanket waivers of certain provisions of the federal self-referral prohibition commonly known as the Stark Law. The waivers loosen significant restrictions on physician financial relationships in an effort to provide health care providers with greater flexibility to meet the challenges of the pandemic...

COVID-19 Webinar Series: What Now? Auto Repossessions and Collections After the Quarantine Ends Webinar Recording
Bradley Arant Boult Cummings LLP, May 2020

Now that it appears the COVID-19 quarantine may be on the verge of ending, there are issues to consider before re-starting collection operations. When is too soon? Are there any special notices that could or should be sent? What about voluntary surrender of collateral during shelter in place? We will address these issues as well as lien priority and credit reporting...

Businesses Beware: PPP and Payroll Tax Incentives Often Don’t Play Well Together
Bradley Arant Boult Cummings LLP, May 2020

The landmark CARES Act provides many Alabama employers with several options to increase liquidity and cash flow during the time of the COVID-19 pandemic. And only nine days before that legislation was enacted, the Families First Coronavirus Response Act (FFCRA) also created two other payroll tax-related incentives for certain employers, and self-employed individuals...

Healthcare Fraud Enforcement in the Era of COVID-19
Bradley Arant Boult Cummings LLP, May 2020

In the midst of a global pandemic, much attention and praise are rightfully being showered on healthcare and pharmaceutical providers. While the world watches with awe at the sacrifices that pharmaceutical and healthcare providers are making during this difficult time, government prosecutors too are watching—albeit for a different reason...

COVID-19 Webinar Series: CARES Act Healthcare Relief Funds - Avoiding Compliance Pitfalls Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

On April 10, 2020 the Department of Health and Human Services distributed the first $30 billion in healthcare relief funds. On April 22, HHS followed by allocating another $40 billion in relief funds. These funds will provide much needed assistance to healthcare providers absorbing costs and suffering losses due to the COVID-19 pandemic...

COVID-19 Webinar Series: Counterfeit Issues in the Pandemic - Protecting Your Brands and Patented Products Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Since the coronavirus pandemic began, the volume of counterfeit goods produced by Chinese manufacturers appears to be on the rise again. While counterfeit goods have been a challenge that online retailers have been fighting for years, the risk has become greater in the COVID-19 era when more consumers are turning to online shopping. Counterfeit goods result in lost revenue and reputational harm to retailers...

COVID-19 Webinar Series: Counterfeit Issues in the Pandemic – Protecting Your Brands and Patented Products Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Since the coronavirus pandemic began, the volume of counterfeit goods produced by Chinese manufacturers appears to be on the rise again. While counterfeit goods have been a challenge that online retailers have been fighting for years, the risk has become greater in the COVID-19 era when more consumers are turning to online shopping. Counterfeit goods result in lost revenue and reputational harm to retailers...

COVID-19 Webinar Series: Counterfeit Issues in the Pandemic - Protecting Your Brands and Patented Products Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Since the coronavirus pandemic began, the volume of counterfeit goods produced by Chinese manufacturers appears to be on the rise again. While counterfeit goods have been a challenge that online retailers have been fighting for years, the risk has become greater in the COVID-19 era when more consumers are turning to online shopping. Counterfeit goods result in lost revenue and reputational harm to retailers...

COVID-19 Webinar Series: Digital Assets, Blockchain and Fintech Toolkit for Success Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Cryptocurrency, blockchain technology and fintech companies are well experienced in dealing with legal and regulatory issues that are unique, unprecedented and global. While usually creative and oriented to solving problems, even the most flexible of teams are stretched with the onslaught of issues unfolding in the wake of COVID-19...

Employer Fears of Messing Up During COVID-19 Pandemic
Bradley Arant Boult Cummings LLP, April 2020

Even in pandemic-free times, the world of labor laws and employment regulations is at best confusing to an employer, and at worst, overwhelming. Adding the stress of emergency paid sick leave, ever-evolving unemployment qualifications, and shelter-in-place orders is enough to make any boss’s head spin. Business owners want to keep their employees healthy and safe. They also want to operate in a way that garners at least enough income to keep their doors open...

COVID-19 Webinar Series: What Employers Need to Know About Managing a Remote Workforce and the Latest Guidance from DOL and FFCRA Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Please join Bradley and the Business Council of Alabama for a live webinar addressing key questions our clients are asking about navigating the impact of the coronavirus (COVID-19)...

COVID-19 Webinar Series: May I Be Excused? Force Majeure Controversies at Home and Abroad Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

COVID-19's impact on contract performance looms large over business and industries across the globe. This presentation will address whether and how COVID-19 operates contractually as a force majeure event in the US and key foreign markets including Canada, Mexico, Asia, Europe and Australia...

Historic Coronavirus Aid Bill Expands Small Business Bankruptcy Relief
Bradley Arant Boult Cummings LLP, April 2020

On March 27, 2020, President Donald Trump signed into law the third major coronavirus-related legislation in the last several weeks – the Coronavirus Aid, Relief, and Economic Security (CARES) Act – in response to the pandemic and resulting economic crisis. The CARES Act includes substantial federal spending and loan commitments that will benefit individuals and businesses. But that is not all...

COVID-19 Webinar Series: Mortgage Forbearance and Loss Mitigation Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Mortgage servicers are currently being inundated with requests from borrowers impacted by COVID-19 for forbearance and other types of payment relief. Tracking, making sense of, and then complying with the guidance and requirements that are being issued and then modified – seemingly on a daily basis – by the federal government, the GSEs, and various states is proving to be a challenge for many, especially at a time when resources may already be limited or stretched thin...

A Gov't Contractor's Guide to Excusable, Compensable Delays
Bradley Arant Boult Cummings LLP, April 2020

With the recent and rapid spread of COVID-19 in the U.S., government contractors have already started experiencing contract performance delays, which inevitably will have a significant financial impact...

COVID-19 Webinar Series: IT, Cybersecurity, and Privacy Impacts on Remote Work Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

In the wake of COVID-19, cities, counties and states across the nation are issuing “shelter in place” orders to curb nonessential movement of residents, and companies around the world are moving to a remote work system. This webinar focuses on IT, cybersecurity, and privacy issues that may impact businesses that are located in “shelter-in-place” jurisdictions...

Commercial Debt Modifications and COVID-19
Bradley Arant Boult Cummings LLP, March 2020

Section 1106 of the Coronavirus Aid, Relief, and Economic Security Act or the “CARES Act” provides a framework whereby small businesses can obtain loans from the SBA that may be forgiven to the extent of certain business expenses, including rent. Generally, when a loan is forgiven, the debtor is taxed on the amount forgiven under Internal Revenue Code §108 (subject to statutory exceptions)...

Shelter-In-Place Orders Raise 5 Business Operations Issues
Bradley Arant Boult Cummings LLP, March 2020

In the wake of COVID-19, cities, counties and states across the nation are issuing shelter-in-place and stay-at-home orders to curb nonessential movement of residents. States and local authorities are invoking powers to evacuate residents through statutes that have historically been used for natural disaster evacuations. While the ability to order and enforce such evacuations is not in dispute, the orders in this context raise many questions...

What Birmingham Businesses Should Know About the Families First Coronavirus Response Act Tax Credit
Bradley Arant Boult Cummings LLP, March 2020

President Trump signed the Families First Coronavirus Response Act (“FFCRA” or “the Act”) into law on March 18. The Act requires employers with fewer than 500 employees to provide their employees with paid sick leave and expanded Family and Medical Leave Act rights, subject to exceptions for certain healthcare providers, emergency responders, and businesses with fewer than 50 employees if compliance would jeopardize the business as a going concern...

Constitutional Lessons For Prisons Amid COVID-19 Outbreak
Bradley Arant Boult Cummings LLP, March 2020

The spread of the highly contagious coronavirus has reach pandemic status. Over 550,000 cases have been confirmed across more than 175 countries, and the United States now has over 86,000 confirmed cases across all 50 states and four territories. In other countries, the threat of coronavirus has already impacted prison operations — lockdowns have been implemented in Italy and thousands of prisoners were released in Iran...

COVID-19 in North Carolina: Practical Mitigation for the Renewable Energy Industry
Bradley Arant Boult Cummings LLP, March 2020

First and foremost, our collective priority is, and should remain, human health and safety. As local, state, and federal government take action to help limit the spread of COVID-19, we are monitoring the rapid developments of this fast-moving news cycle and COVID-19’s impacts on renewable energy markets. Many open questions remain regarding the impact of COVID-19 in North Carolina – particularly the impact on businesses...

An American Healthcare Lawyer’s Perspective on the Emergence of COVID-19
Bradley Arant Boult Cummings LLP, March 2020

We knew this year was going to be an especially bad one for the flu. In its November 2019 issue, Scientific American, one of the country's leading science publications, included a twenty-page article titled "The Influenza Outlook", which highlighted the escalating threat of influenza for the year 2020. Unfortunately, at present, the emergence and spread of the novel coronavirus makes the flu pale by comparison...

COVID-19 Webinar Series: Insurance Coverage Steps to Take Now Webinar Recording
Bradley Arant Boult Cummings LLP, March 2020

Does your organization’s insurance program provide any protection from the economic disruption caused by the novel coronavirus pandemic? What steps should you take to assess and protect that insurance coverage? The Bradley Policyholder Insurance Coverage team has provided an informative webinar addressing insurance coverage and claims adjustment for event cancellation, business interruption, and third-party claims stemming from the pandemic...

Food Safety Practices in the Time of COVID-19
Bradley Arant Boult Cummings LLP, March 2020

Restaurateurs and their employees don’t need anything else to worry about these days. It is challenging enough to operate a restaurant in this time of quarantines, curbside and delivery-only options, and social distancing added to the attendant drops in revenue and worries about making sure employees are cared for. Maybe the absolute last thing any restaurant wants to focus on are food safety regulations such as the Food Safety Modernization Act (FSMA)...

COVID-19 Webinar Series: Business Continuity Planning Webinar Recording
Bradley Arant Boult Cummings LLP, March 2020

Below is a link to the recording of the COVID-19 Webinar Series: Business Continuity Planning, as well as a corresponding PowerPoint presentation. For more information, visit www.bradley.com/coronavirus. This webpage addresses specific concerns and questions related to the impact of the coronavirus including some common Q&As, attorney-authored content on how the coronavirus may impact you or your business, and links to helpful online resources...

COVID-19 Webinar Series: Employee Considerations for Employers Webinar Recording
Bradley Arant Boult Cummings LLP, March 2020

A panel of Bradley labor and employment and cybersecurity attorneys discuss coronavirus-related issues facing employers, including: How should you talk with your employees about the rapidly changing situation with the coronavirus and what it means for them as employees? What are the wage and hour, benefits and data security issues implicated by employees working remotely? What are the options for maintaining or reducing your workforce when the coronavirus results in supply chain int

COVID-19: The Government Contractor's Guide to Compensable and Excusable Delays
Bradley Arant Boult Cummings LLP, March 2020

With the recent and rapid spread of COVID-19 in the United States, it is only a matter of time before government contractors experience contract-performance delays — whether ordered by the government or not — that inevitably will have a significant financial impact. Accordingly, federal contractors should prepare now for COVID-19-related contract delays and be prepared to establish that such delays are compensable as well as excusable. I...

The Coronavirus and Business Insurance Coverage: Steps to Take Now
Bradley Arant Boult Cummings LLP, March 2020

Mississippi business leaders will continue to hope that the new coronavirus, COVID-19, stays away from and out of our state.But even if we avoid direct exposure to this worldwide health crisis, Mississippi companies will face risk and resulting losses.From international shipping and travel to reliance on component parts manufactured on foreign shores, Mississippi businesses may not realize the full effect of the coronavirus for years...

Beyond the False Claims Act: The Government’s Untraditional Tools in Health Care Fraud Prosecutions
Bradley Arant Boult Cummings LLP, February 2020

INTRODUCTION In one of his last speeches as Attorney General of the United States, Jeff Sessions proudly boasted: “We are sending a clear message to criminals across the country: we will find you. We will bring you to justice. And you will pay a very high price for what you have done.” This type of rhetoric is often reserved for serious criminal offenders...

 

 

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