News & Legal Updates Archive

The coronavirus outbreak has not stopped public and private enforcement of the California Consumer Privacy Act (CCPA). At a time when much of the world is busy with stopping a global pandemic, recent developments serve as a reminder that regulators and litigants remain steadfast in their commitment to enforce the CCPA—and to collect the steep fines and penalties associated with violating it.

In addition to programs such as those included in the federal CARES Act, state and local governments have tirelessly prepared programs that are intended to relieve some of the economic strain COVID-19 has created. This article highlights programs and resources available to our clients located in Florida, Illinois, Michigan and Ohio.

On April 6, the United States Treasury posted additional guidance on frequently asked questions concerning the implementation of the Paycheck Protection Program established by the CARES Act.

Although each state provides a definition or list of examples of businesses that qualify as essential, businesses not expressly listed continue to face difficulties when determining if they are permitted to continue operating. As a result, state attorneys general have been forced to decipher these stay-at-home orders and hold businesses accountable.

As a result of the COVID-19 global pandemic, the world is facing a healthcare and financial crisis. The commercial real estate industry and, particularly, commercial leasing and lending, are in uncharted waters. Many American businesses are struggling to meet their commitments, including their rent and mortgage payments.

Thousands of businesses across the country are looking at months of extended business distress due to the spread of COVID-19, and many companies are reevaluating their books and accounts receivable to determine cash flow issues. Given the unknown amount of time until business resumes as usual, your company may want to consider the following when planning for cash flow issues and determining strategies for orders and collections in the coming months.

In the latest installment of PLUS Blog's PL Perspectives on Coronavirus, McDonald Hopkins' Jim Giszczak joined Gail Arkin and Jason D. Krauss to discuss possible effects of COVID-19 on cyber security and cyber insurance.

Starting Friday, April 3, 2020, all individuals in Florida will be required to limit their movements outside of their home to essential services and essential activities. The order issued by Gov. Ron DeSantis states “all persons in Florida shall limit their movements and personal interactions outside of their home to only those necessary to obtain or provide essential services or conduct essential activities.”

As a means of helping to ease the financial burden on individuals during the economic distress caused by the coronavirus, the recently enacted CARES Act has made revisions to the rules and the operations of various retirement programs. Simplistically, these revisions have made it possible for certain individuals affected by the adverse economic conditions to access funds in their retirement programs through loans or distributions. This article will discuss the new distribution and loan rules.

Voting is now open for Advisen’s 2020 Cyber Risk Awards.

On April 3, 2020, the DOL issued a 4^th set of questions and answers that dig into some of the specifics regarding when emergency paid sick leave (EPSL) and emergency FMLA (EFMLA) leave are available for use.

To assist employers, the Department of Labor has issued a Unemployment Insurance Program Letter 14-20 outlining relevant unemployment provisions of the Coronavirus Aid, Relief and Economic Security Act. The Unemployment Insurance Program Letter covers issues related to the administration of and eligibility criteria for state unemployment insurance programs and the enhanced federal provisions.

Find key information on the CARES Act, including the Paycheck Protection Program, Economic Injury Disaster Loans and how to access SBA Loans as part, in our infographic. 

The coronavirus and the attendant economic disruption is creating challenges for companies that sponsor retirement plans. This article highlights the unqiue challenges facing companies that sponsor Employee Stock Ownership Plans (ESOPs) and suggests some administrative and operational steps ESOP companies may wish to consider.

The Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services announced that it will exercise enforcement discretion for certain provisions of the HIPAA Privacy Rule and will not assess penalties against health care providers or their business associates under certain circumstances. Specifically, OCR will not assess penalties against business associates who use or disclosure protected health information for good faith uses and disclosures for public health and health oversight activities during the COVID-19 emergency period.

Late in the day on Thursday, April 2, the small business administration posted on its website a copy of the Interim Final Rule (you can view the IFR here) for the Paycheck Protection Program (PPP) loans. The SBA stated that the posting was in advance of publication in the CFR. This Interim Final Rule provides clarity on questions that potential applicants, lenders and even legislators had on the interpretation and application of the PPP. 

On March 31, 2020, the FDA issued an Emergency Use Authorization (EUA) for molecular-based laboratory developed tests (LDTs) for detection of nucleic acid from SARS-CoV-2 (Molecular LDT COVID-19) in specimens from individuals suspected of COVID-19 by their healthcare provider. On April 1, FDA authorized the first Yale New Haven Hospital’s SARS-CoV-2 PCR test —the first authorized Molecular LDT COVID-19 test.

On March 31, the U.S. FDA announced a new program, known as the Coronavirus Treatment Acceleration Program (CTAP), focused on bringing new therapies to sick patients as quickly as possible, while supporting research to ensure safety and efficacy of new treatments and countermeasures. The program aims to streamline and coordinate efforts in both the public and private sectors to bring coronavirus treatments to market.

In Michigan, first response employees will be entitled to workers’ compensation coverage for a COVID-19 injury based upon new Emergency Rules. First response employees in Michigan include individuals working in healthcare facilities, health care organizations, industrial medicine clinics, practitioners, anyone considered a first response employee under the workers’ compensation disability act, state police officers or officers of the motor carrier enforcement division of the state police.

In addition to the expanded sick pay and family medical leave benefits for employees under the Families First Coronavirus Response Act and the tax incentives and relief included in the CARES Act, employers have an additional tax-related tool to support their employees affected by the COVID-19 pandemic. Existing law allows employers to make “qualified disaster relief payments” to their employees that are tax-free to the employee.

The order, which according to the Columbus Business Journal, closes a loop created by earlier government actions to help those who have lost jobs during the pandemic statewide stay-home-order,” was welcome news for Ohio businesses, but it also raised several questions.

In March 2020, as professionals worked from home due to COVID-19, Zoom video conferences surged in popularity while, conversely, lawyers cast weary glances at the Alexa device in their home office, wondering if it was recording confidential communications. While society struggles with its relationship with ubiquitous communication devices, here is advice on properly configuring Zoom and Alexa privacy settings.

The global coronavirus crisis is having a direct or indirect impact on employer’s retirement plans. In part three of this three part alert, we examine administrative and fiduciary issues due to the effects of layoffs, Families First Corona Response Act (FFCRA) payments and the stock market decline.

Insight to help lenders and borrowers identify issues that should be considered due to the impact of the coronavirus. Specifically, lenders and borrowers should pay careful attention to the certain provisions in a credit agreement and related loan documents now more than ever.

Governor Mike DeWine announced Thursday, April 2 that Ohio’s current stay-at-home order – initially set to expire the evening of Monday, April 6 – would be extended until May 1. 

The U.S. Small Business Administration (SBA) has provided additional guidance regarding the $10,000 forgivable loan advance in accordance with the CARES Act.

The U.S. Treasury Department issued guidance for the Paycheck Protection Program (PPP) enacted under Title 1 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) signed into law by President Donald Trump on March 27, 2020. Under the PPP, the Small Business Administration (SBA) had 30 days after the date of the enactment of the CARES Act to provide guidance to SBA lenders on the PPP.

In a press release on March 28, 2020, the Centers for Medicare and Medicaid (CMS) announced expanded availability of financial assistance for providers through accelerated and advanced Medicare payment programs. Although these expedited payments are usually offered during natural disasters in specific locations and to specific providers, CMS is expanding the program for Medicare providers throughout the country during the COVID-19 Emergency Period.

On March 31, the United States Patent and Trademark Office announced extensions of certain patent and trademark deadlines under the recently passed CARES Act. The extensions provide relief for inventors and entrepreneurs during the COVID-19 crisis.

Ohio Department of Health Director Amy Acton ordered the utilization of non-congregate sheltering in the state on Tuesday, March 31, furthering the state’s attempts to offer help to citizens impacted by the COVID-19 pandemic while also opening new dangers for property owners.

The global coronavirus crisis is having a direct or indirect impact on employer’s retirement plans. In part two of this three part alert, we will explore how employees may gain access to their retirement assets to handle the current financial struggles.

As COVID-19 continues to disrupt businesses and the economy, parties to a myriad of contracts are wondering: are contractual obligations enforceable even though performance is difficult, impracticable, or nearly impossible?

Practical steps to address the reality of doing business and managing contractual relationships during the COVID-19 crisis.

As mandatory statewide stay-at-home orders are issued, states and businesses continue to struggle with what businesses and workers qualify as essential. In an effort to better assist states and businesses, CISA released an updated memo that includes new essential sectors and workers.

In light of the current economic climate brought on by the nation’s response to the COVID-19 outbreak, many parties may have found their potential transactions stalled or outright canceled. This situation has likely left many wondering whether or not their executed letter of intent (or “LOI”) can provide them with any protection, recourse or relief. 

As the coronavirus continues to spread across the country, the impact on the construction supply chain and workforce will almost certainly become greater in the weeks and months to come. As a result, contractors across the country will be evaluating the force majeure provisions of their contracts to determine whether they are entitled to an extension of time or increase in contract price from delays and other impacts related to the COVID-19 epidemic.

McDonald Hopkins attorneys consider the impact of today’s announcement.

Among other temporary revisions to unemployment assistance programs, the recently passed CARES Act includes provisions aimed at expanding the effectiveness of state “short-time compensation” programs, also known as “work share” programs.

On March 26, CMS issued a Memo to all CLIA State Survey Agency directors regarding CLIA guidance during the COVID-19 Public Health Emergency. The guidance took effect immediately. The memo and associated guidance are only applicable during the COVID-19 public health emergency and accredited labs must follow their accrediting organization requirements and applicable state laws, which may be more stringent than CLIA.

If you have already read 1,000 articles on COVID-19 issues for your Startup, and you are struggling to keep them straight, you are not alone. Each one-page summary that follows provides what your Startup needs to know today on each main issue to navigate the crisis. We are here to help.

Non-profit organizations are facing challenges similar to those being faced by for-profit businesses as a result of the coronavirus crisis. Fortunately, The Coronavirus Aid, Relief, and Economic Security Act (“CARES”) signed into law on March 27, 2020 contains provisions that may be beneficial to your non-profit organization.

On March 16, 2020, the United States Food and Drug Administration issued updated guidance for clinical laboratories, commercial manufacturers, and Food and Drug Administration staff on its Policy for Diagnostic Tests for Coronavirus Disease-2019 during the Public Health Emergency.

The global coronavirus crisis is having a direct or indirect impact on employer’s retirement plans. In part one of this three part alert, we will address how an employer can stop or reduce its contributions to its retirement plans.

On March 27th, the DOL addressed for the first time employees that qualify as a “health care provider” for purposes of determining individuals whose advice to self-quarantine due to concerns related to COVID-19 can be relied upon as a qualifying reason for paid sick leave.

Inasmuch as the appeal of American capitalism derives from the strength and predictability of its institutions, the sanctity of contracts forms one of its pillars.  In principle and generally in practice, parties cannot disavow contractual obligations based on caprice or changed circumstances . . . except in bankruptcy.

The COVID-19 outbreak resulted in the passage of the Coronavirus Aid, Relief and Economic Security Act or “CARES Act,” which was signed by the President on March 27, 2020. While not as widely reported, the CARES Act amended the SBRA and the Bankruptcy Code in an important respect that should further facilitate reorganizations under the Bankruptcy Code for small businesses.  

On March 27, the Department of Labor issued additional guidance on the Emergency Paid Sick Leave (EPSL) provisions and the Emergency FMLA (EFMLA) requirements of the Families First Coronavirus Response Act (FFCRA). The new Guidance includes questions and answers that address many of the practical issues and concerns that employers have raised related to implementing the FFCRA on April 1. With over 40 additional questions, the guidance covers critical topics such as layoffs/furloughs and use of paid leave, documentation that employers may require for use of paid leave time, whether workers can take paid sick leave intermittently, and whether employers who closed before the effective date of the FFCRA must pay paid sick leave.

On February 4, 2020, the FDA issued a EUA for the Centers for Disease Control and Prevention’s (CDC) 2019-nCoV (RT)-PCR Diagnostic Panel for the presumptive qualitative detection of nucleic acid from the 2019-nCoV in upper and lower respiratory specimens. This EUA was re-issued in its entirety on March 15, 2020 to reflect a number of amendments including changes to the intended use and primer and probe materials.

As more and more governors move toward statewide shutdowns of non-essential businesses and services to decrease the spread of COVID-19, Governor Ron Desantis will not shut down the State of Florida.  The Governor continues to hold firm to this position despite the fact that 47 of Florida’s 67 counties have reported cases of COVID-19.  

On March 24, 2020, the Office for Civil Rights (OCR) at the Department of Health and Human Services issued guidance on when the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule permits covered entities to share protected health information (PHI) of an individual who is infected with or exposed to COVID-19 with law enforcement, first responders and public health authorities.