As the coronavirus COVID-19 crisis rapidly evolves, global companies are looking for resources to protect their people and their businesses. Morgan Lewis lawyers are providing guidance on healthcare provider issues, business supply chain disruption, data privacy concerns, employer questions, energy and environmental industry ramifications, financial services guidelines, immigration status requirements, life sciences protocols, tax implications, and ongoing government guidance from around the world.
After a sluggish year for mergers and acquisitions (M&A) among hospitals and health systems, 2021 has shown renewed vigor and is poised for considerable transactional activity, according to a Law360 article by partners Janice Davis, Mark Stein, and Sandra Vrejan.
In response to delayed EU shipments of certain COVID-19 vaccines to the European Union, the European Commission (Commission) passed on 29 January 2021 Regulation 2021/111 (Export Authorization Regulation) which is in force from 30 January 2021. The Commission intends for the Export Authorization Regulation to apply until at least 31 March 2021.
The UK government’s Dairy Produce Order of May 1, 2020, which temporarily relaxed the application of UK competition law to certain types of cooperation in the dairy sector between dairy produce suppliers or dairy logistic service providers during the ongoing coronavirus (COVID-19) pandemic, expired on August 2, 2020. Accordingly, any relevant cooperation that may have briefly benefitted from the temporary exemption is once again subject to UK antitrust rules.
The UK government passed reforms on 21 July 2020 lowering the thresholds to intervene in mergers and acquisitions considered relevant to UK national security in the artificial intelligence, cryptographic authentication, and advanced materials sectors. Longer term the UK government is planning to pass further legislation to obtain additional powers of intervention in mergers impacting UK national security.
The UK Competition and Markets Authority on June 19 announced that it had opened investigations against four pharmacies and convenience stores in relation to suspected breaches of antitrust rules by charging excessive and unfair prices for hand sanitiser products during the coronavirus (COVID-19) pandemic, and on June 29 published an open letter warning pharmacists against price gouging, raising the possibility of additional investigations.
As governments around the world work to stem the coronavirus (COVID-19) pandemic, merger control authorities in jurisdictions around the globe are adapting their operations and procedures.
The UK Parliament’s Foreign Affairs Committee has issued a “call for evidence” as part of its ongoing review of the UK government’s role in intervening in certain foreign takeovers of UK companies and potentially blocking foreign asset stripping in the United Kingdom where a transaction could have national security implications therein.
Two key amendments to the German competition law entered into effect on May 29, 2020, temporarily extending merger control review periods and temporarily suspending interest payments for antitrust fines, further to a bill adopted by the German Parliament to mitigate the consequences of the coronavirus (COVID-19) pandemic on trade.
A recent amendment to Germany’s foreign direct investment ordinance adds new businesses to the existing catalogue of critical infrastructures—in particular, in the health sector—that will be subject to foreign direct investment screening going forward.
The UK Parliament on May 2 adopted the Dairy Produce Order, which temporarily relaxes the application of UK competition law to certain types of cooperation between either dairy produce suppliers or logistic service providers to address issues in the supply chain caused by the ongoing coronavirus (COVID-19) pandemic, such as decreased demand from the hospitality sector and reduced collections from retailers.
The European Commission has revised its Temporary Framework for State Aid to support the economy during the coronavirus (COVID-19) pandemic to allow capital injections by EU member states into nonfinancial firms affected by the pandemic.
The European Commission (EC) on May 4 announced the adoption of exceptional derogations from EU competition rules to allow certain types of cooperation in the following sectors: milk and milk products, potatoes, and live plants and flowers, as part of a wider package to support the agri-food industry during the ongoing coronavirus (COVID-19) pandemic.
The European Commission published its first comfort letter in nearly 20 years on April 29, in an effort to foster cooperation among businesses during the coronavirus (COVID-19) pandemic. Here is what companies should know about the specific practices permitted under the comfort letter, as well as the specific conditions and safeguards for cooperation.
The joint statement recognizes that while the COVID-19 pandemic offers businesses an opportunity for procompetitive collaboration and benefits, it also increases significant risk of anticompetitive conduct in the labor market. Here are some issues and factors that businesses should consider to mitigate antitrust risk as the Antitrust Division and Federal Trade Commission continue to consider enforcement actions for antitrust violations.
US antitrust laws already on the books facilitate rapid investment without government delay: important practical tools and rules for dealmakers and their counsel in the wake of the coronavirus (COVID-19) pandemic and the current economic challenges.
The European Commission has provided antitrust guidance to companies cooperating in response to urgent coronavirus (COVID-19) related matters, particularly in the health sector for critical hospital medicines and medical equipment, and has also exceptionally issued a “comfort letter” on a cooperation project in the generic pharmaceuticals sector aimed at ensuring the supply of critical hospital medicines. Other ad hoc “comfort letters” may follow at the EU Commission’s discretion.
The European Commission has approved a £50 billion (EUR 57 billion) “umbrella” UK state aid scheme to support small and medium-sized enterprises and large corporates in the United Kingdom affected by the coronavirus (COVID-19) outbreak. The umbrella scheme was approved on April 6, 2020, under the State Aid Temporary Framework, as amended.
The Council of the EU announced on March 30 that the European Union has suspended the airport slot requirements until October 24. The slot requirements require airlines to use at least 80% of their slots in order to be guaranteed usage of those slots in the following year.
The European Commission on March 25 issued guidelines addressed to its member states outlining an EU-wide approach for foreign direct investment screening. The guidelines seek to protect EU companies as well as critical assets that are essential for the EU’s security and public order, particularly in the areas of health, medical research, and biotechnology.
New guidance from UK Competition and Markets Authority allows coordination between businesses in certain circumstances, such as to avoid shortages, protect the public interest, and safeguard health, amid the coronavirus (COVID-19) pandemic. However, the guidance also underscores that the UK authority will not tolerate coordination between businesses or unilateral conduct by a business with significant market power that seeks to exploit the crisis.
UK emergency state aid measures for small and medium-sized enterprises related to the coronavirus (COVID-19) pandemic will include direct grants and guarantees covering 80% of loan facilities.
The European Commission on 19 March adopted a Temporary Framework for State Aid to support the economy in the context of the COVID-19 outbreak, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, which enables the Commission to approve national support measures to remedy a serious disturbance to the economy of European Union member states.
The US Federal Trade Commission and the Antitrust Division of the US Department of Justice have announced that they aim to respond within one week to coronavirus (COVID-19) collaborative proposals submitted pursuant to the agencies’ respective processes.
The UK government announced on March 19 that as part of a package of measures to allow supermarkets to work together to feed the nation during the coronavirus (COVID-19) outbreak, elements of competition law will be temporarily relaxed for the food sector. Authorities, however, stressed that they will remain vigilant against competition law infringements.
In responding to the coronavirus (COVID-19) pandemic, the mantra of “working together” is heard often. But as businesses confront sudden and extensive demand and supply disruptions—and a range of sometimes conflicting information and guidance from the public sector about the health crisis—questions inevitably arise about the extent to which the private sector can coordinate its responses consistent with the antitrust laws.
The CARES Act’s Paycheck Protection Program provides loans targeted to small businesses to help keep their workers employed during the coronavirus (COVID-19) pandemic, and offers loan forgiveness to borrowers maintaining a high percentage of employees on payroll. This LawFlash provides the latest developments in PPP loan availability, eligibility, and forgiveness, as well as a comprehensive overview of the PPP and related guidance.
Small businesses are among the hardest hit by the coronavirus (COVID-19) crisis and the shocks to consumer demand and supply resulting from the ensuing government orders to stay at home and close nonessential businesses.
In navigating the coronavirus (COVID-19) pandemic, higher education institutions should be aware of a recent wave of refund class actions, antitrust considerations in communication with other institutions, claims for business interruption insurance, and force majeure provisions in existing contracts.
The UK Financial Conduct Authority (FCA) on May 15 invited policyholders of business interruption (BI) insurance that have been affected by the coronavirus (COVID-19) pandemic, and have had a claim under their insurance policy rejected by their insurer, to get in touch so that their arguments may be taken into account as part of the FCA’s plan to seek the court’s views on certain policy wordings by commencing a test case in the English High Court.
The European Commission (EC) on May 4 announced the adoption of exceptional derogations from EU competition rules to allow certain types of cooperation in the following sectors: milk and milk products, potatoes, and live plants and flowers, as part of a wider package to support the agri-food industry during the ongoing coronavirus (COVID-19) pandemic.
Following in the footsteps of several state legislatures, the Council of the District of Columbia plans to consider on May 5 draft legislation that would require insurers to provide coverage for business interruption losses resulting directly or indirectly from the coronavirus (COVID-19) public health emergency.
During the coronavirus (COVID-19) pandemic, it is important for policyholders to remember that key insurance principles, including the principle of aggregation in the United Kingdom, could make a significant difference to any claim on their policies.
The Pennsylvania Senate on April 15 introduced robust business interruption loss coverage legislation in the form of its proposed COVID-19 Insurance Relief Act (General Assembly Senate Bill 1114). This LawFlash provides an overview of Senate Bill 1114 and its potential impact on how insurers are required to cover COVID-19-related business interruption losses in the state.
The US Senate approved an additional $310 billion in funds for the Paycheck Protection Program (PPP) on April 20, and the House of Representatives is expected to approve these additional funds within days.
As the coronavirus (COVID-19) pandemic evolves, governmental executive and legislative authorities are taking actions in the form of emergency declarations and proposed legislation that could improve a company’s ability to mitigate business income losses by maximizing its insurance recovery. Keeping an eye on these developments and documenting your losses accordingly could make all the difference.
The Singapore Ministry of Law has issued an order summarizing alternative arrangements during the coronavirus (COVID-19) global pandemic for convening, holding, conducting, or deferring general meetings pursuant to certain provisions of written law or legal instruments, while the Singapore Exchange Regulation Pte. Ltd. has introduced measures to support listed companies by suspending entry onto the Financial Watch-List and enhancing the share issue limit for companies listed on the Mainboard.
For companies forced to postpone or cancel live events during the coronavirus (COVID-19) pandemic, event cancellation insurance may serve as a way to protect assets and mitigate losses.
В связи с пандемией коронавируса(COVID-19) и вытекающим экономическим кризисом, Правительство Республики Казахстан приняло некоторые меры чрезвычайного характера для стабилизации экономики страны и поддержки бизнеса. Настоящее информационное сообщение адресует некоторые из таких мер, включая меры по налоговому стимулированию, льготный период для погашения займов и др.
Texas Governor Greg Abbott issued Executive Order GA-14 on March 31, directing every person in Texas to minimize social gatherings and in-person contact with people who do not live in the same household except where necessary to provide or obtain essential services.
The Coronavirus Air, Relief, and Economic Security (CARES) Act includes provisions to assist small business customer payroll and payment of telephone and internet bills and, in addition to other recently passed acts, aims to expand access to telehealth.
As the coronavirus (COVID-19) pandemic continues to evolve, regulatory and legislative authorities are taking actions, in the form of directives and orders, that could directly impact companies’ business interruption coverage. Careful review of insurance policies and insurers’ responses in light of these actions, as well as monitoring of regulatory and legislative developments, will be critical in preserving companies’ rights to coverage for COVID-19 losses.
The Los Angeles City Council held an emergency meeting on March 27 in response to the coronavirus (COVID-19) crisis and approved several ordinances, including one pertaining to sick leave and another relating to retail and delivery workers. The council tabled two controversial proposals that would subject employers to various obligations to retain and recall employees during and after the COVID-19 threat period.
With the targeted relief for small businesses from the Coronavirus Aid, Relief, and Economic Security (CARES) Act come questions about whether certain entities are eligible for relief under the act’s Paycheck Protection Program. For private equity and venture capital portfolio companies, additional analysis is required to determine whether they can obtain CARES Act aid. This LawFlash analyzes such companies’ ability to successfully apply for and receive relief.
As the coronavirus (COVID-19) continues to spread around the world, this remains an unprecedented time for global industry. The same is true for outsourcing and managed services arrangements: both service providers and customers find themselves under unique pressures and in unchartered circumstances testing the parameters and strengths of their solutions and business continuity plans.
Companies complying with orders under the Defense Production Act should be aware, and prepared to manage, potential False Claims Act liability that arises with government funding.
The FDA issued guidance on March 20 for the manufacture of hand sanitizers by companies not previously registered to make OTC drugs.
This edition of Morgan Lewis Retail Did You Know? examines the impact of anti–price-gouging efforts by government enforcement officials in the time of the coronavirus (COVID-19) pandemic.
New Jersey Governor Phil Murphy on March 21 signed Executive Orders 107 and 108, which took effect at 9:00 pm the same day. Executive Order 107 mandates that all residents remain home unless performing certain delineated activities; orders the closure of brick-and-mortar retail locations of all non-essential businesses; and instructs all businesses and nonprofits—even those deemed essential—to implement telework or work-from-home options for employees, to the extent practicable.
The UK government announced on March 19 that as part of a package of measures to allow supermarkets to work together to feed the nation during the coronavirus (COVID-19) outbreak, elements of competition law will be temporarily relaxed for the food sector. Authorities, however, stressed that they will remain vigilant against competition law infringements.
The coronavirus (COVID-19) pandemic is historic, fast-moving, and constantly evolving. While the most immediate concerns involve the public health and restoring business operations to normalcy, certain steps may be necessary in the near term to protect your insurance assets, which may help mitigate financial losses.
In responding to the coronavirus (COVID-19) pandemic, the mantra of “working together” is heard often. But as businesses confront sudden and extensive demand and supply disruptions—and a range of sometimes conflicting information and guidance from the public sector about the health crisis—questions inevitably arise about the extent to which the private sector can coordinate its responses consistent with the antitrust laws.
With significant business disruptions occurring as a result of coronavirus (COVID-19), companies should consider how insurance coverage, including business interruption, supply chain, and event cancellation coverage, can help mitigate losses.
The 2019 Novel Coronavirus (COVID-19) outbreak has led to travel bans and restrictions, the lockdown of cities, and the quarantine of individuals. These government measures have disrupted businesses and supply chains, and many companies listed on the Singapore stock exchange have announced disruptions to their operations in China, including factory and store closures.
Companies developing digital therapeutics, clinical decision support apps, and other digital health technologies for use in the coronavirus (COVID-19) pandemic should be mindful of FDA’s quickly evolving policies and guidance affecting such technologies. In our recent LawFlash, FDA Regulation of COVID-19 Apps, Digital Therapeutics, and other Digital Health Technologies, we examine recent FDA developments and their implications for companies in the digital health space.
The July 1 enforcement of the California Consumer Privacy Act (CCPA) is one week away. Despite calls by the business community and trade associations to push back the enforcement date to January 2021 due to the coronavirus (COVID-19) pandemic and related disruptions to compliance efforts, the California state attorney general issued a press release on June 2 stating, “Businesses have had since January 1 to comply with the law, and we are committed to enforcing it starting July 1.”
With the July 1 enforcement of the California Consumer Privacy Act (CCPA) less than a month away, the state attorney general has finally submitted the final text of the proposed CCPA regulations to the California Office of Administrative Law. This article discusses the current landscape and provides practical steps that companies can take before enforcement begins.
The potential tension between the protection of public health and the fundamental right to personal privacy is being tested on an unprecedented scale in the global coronavirus (COVID-19) pandemic. The European Data Protection Board (EDPB) adopted guidelines on 21 April 2020 on the processing of health data as part of research efforts to respond to the COVID-19 pandemic (Research Guidelines) and on geolocation, and other tracing tools, in the context of the pandemic (Tracing Guidelines).
As prevention measures against the coronavirus (COVID-19) pandemic bump into the principles and guidelines of the EU General Data Protection Regulations (GDPR), the French Data Protection Authority has reinforced essential rules and good practices for companies to ensure employee personal data protection.
New York’s Department of Financial Services (DFS) issued guidance on April 13 alerting regulated entities of the significant increase in cybercrime during the coronavirus (COVID-19) pandemic.
Germany debates whether apps related to the coronavirus (COVID-19) pandemic would be useful, what they should cover, and what the ramifications would be under applicable data protection laws.
The Federal Communications Commission provided narrow relief to certain entities allowing the use of automatic telephone dialing systems to send “informational” communications directly related to the coronavirus (COVID-19) outbreak without violating the Telephone Consumer Protection Act.
An Insight article authored by Morgan Lewis partner Tess Blair, senior attorney Vincent Catanzaro, special legal consultant Axel Spies, and of counsel Jennifer Williams was cited in a Straits Times article about navigating privacy compliance during the 2019 Novel Coronavirus (COVID-19) outbreak.
The EU General Data Protection Regulation allows the temporary suspension of some data-protection rights in times of crisis, such as the outbreak of the 2019 Novel Coronavirus. This installment of The eData Guide to GDPR discusses the nature of those suspensions, and how the need to address the ongoing health crisis is being balanced with data-protection rights in Italy, France, and Germany.
Recent guidance from the Office for Civil Rights and the Centers for Medicare and Medicaid Services reiterates that existing privacy laws and emergency preparedness standards provide an effective framework for providers during the 2019 Novel Coronavirus outbreak.
Since the 2019 Novel Coronavirus (COVID-19) was first detected in December, the death toll has continued to rise as the virus quickly spreads. Centers for Disease Control (CDC) officials have stated that while the immediate risk of the virus to the American public is believed to be low at this time, US employers should more closely consider employee safety and ways to address disease prevention in the workplace.
The US Department of Homeland Security (DHS) and US Immigration and Customs Enforcement (ICE) announced on May 4, 2023 that employers will have until August 30, 2023 to complete the physical inspection of identity and employment eligibility documents for any employee whose Form I-9 was completed virtually pursuant to COVID-19–era temporary flexibility provisions.
As the Code Section 139 relief period is scheduled to end soon along with the end of the COVID-19 national emergency, employers that assisted employees with personal expenses attributable to the COVID-19 pandemic should consider taking certain steps before the period ends.
While state and local governments and local health authorities can continue to require individuals and businesses to maintain stricter standards than the CDC’s recently updated guidance, the changes reflect the CDC’s current assessment of COVID-19 risk. Employers should evaluate their current COVID-19 policies and procedures.
As the COVID-19 landscape continues to evolve, multinational employers face many questions, challenges, and opportunities when considering how to resume global business travel. To help interested parties plan for Asia-Pacific travel, we’ve outlined current entry bans and vaccination and quarantine requirements in China, Hong Kong, Japan, and Singapore. This guidance is subject to rapid change based on the global and local pandemic situation.
The UK Home Office has announced new identification document validation technology for right-to-work checks due to take effect from April 6, together with an extension of the COVID-19 temporary right-to-work check measures. In addition, there has been a further easement of travel restrictions for nonvaccinated travelers arriving in the United Kingdom.
The Centers for Disease Control and Prevention (CDC) announced a new framework on February 25 providing that mask wearing is optional in low- and moderate-risk settings.
New York State lifted its mask mandate applicable to businesses on February 10, and the New York State Department of Labor subsequently issued new guidance that the New York HERO Act does not require employers to enforce mask requirements.
The US Departments of Labor, Health & Human Services, and Treasury issued new frequently asked questions on February 4, 2022, regarding coverage of over-the-counter, at-home COVID-19 tests at no cost sharing (i.e., deductibles, copayments, and coinsurance), prior authorization, or other medical management requirements during the public health emergency.
The California State Legislature Assembly Bill 84, introduced on February 2, proposes to require employers with 26 or more employees to provide up to 80 hours of supplemental paid sick leave for qualifying COVID-19 related reasons. Although the proposed bill is similar to Senate Bill 95, which expired on September 30, 2021, there are some significant differences.
Partner Sage Fattahian spoke with Bloomberg Law about an expired provision in the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which once allowed those with high-deductible plans and health savings accounts (HSAs) to get telehealth coverage without meeting annual deductibles.
The US Departments of Labor, Health and Human Services, and the Treasury (collectively, the Departments) on January 10 published much-anticipated FAQs implementing President Joseph Biden’s announcement last month to expand free at-home COVID-19 testing for all Americans during the continued period of public health emergency.
The US Supreme Court issued two decisions on January 13, 2022 in cases challenging the Occupational Safety and Health Administration’s (OSHA’s) Emergency Temporary Standard (ETS) on Vaccination and Testing and the Centers for Medicare & Medicaid Services (CMS) Interim Final Rule (IFR) on COVID-19 Health Care Staff Vaccination. The Supreme Court decided to reimpose the stay on enforcement of the ETS while staying the preliminary injunctions against the CMS IFR pending further litigation.
On January 7, the US Supreme Court debated a range of complex issues in a pair of oral arguments over challenges to two federal regulations requiring workplace COVID-19 precautions. Although it is unlikely the Court will issue definitive opinions for several days or weeks, the Court could quickly issue a temporary “administrative” stay while it deliberates, or an unreasoned order with opinions to follow.
In response to the rapid spread of the COVID-19 Omicron variant, effective January 6, the LA County Department of Public Health revised its Health Office Order to include several notable updates, the most significant being a requirement that employers operating in cities and unincorporated areas in Los Angeles County—excluding Long Beach and Pasadena—provide select employees with high-quality masks when working indoors and in close contact with co-workers or members of the public.
On December 17, 2021, a divided panel of the US Court of Appeals for the Sixth Circuit granted the federal government’s emergency motion to dissolve the US Court of Appeals for the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s Emergency Temporary Standard. With the Sixth Circuit’s ruling, the standard is effective again for the first time since the day after it was published, although for how long remains to be seen.
New “Key to NYC” guidance for private sector employers was released on Wednesday following New York City Mayor Bill de Blasio’s December 6 announcement that employees (1) not previously covered under the existing Key to NYC vaccination requirements and (2) who perform in-person work for private businesses in the city must receive at least one dose of a COVID-19 vaccine by December 27.
The Cal/OSHA Standards Board on December 16 voted to approve the second readoption of the California COVID-19 Prevention Emergency Temporary Standards (ETS) during its monthly public meeting. The revised ETS will not adopt the federal OSHA ETS or include a mandatory vaccination requirement for employers, but will include stricter requirements for employers than the current version.
In Law360, partner Ashley Hale and associates Dan Kadish and Kaiser Chowdhry write that there has been minimal guidance for New York City’s new vaccination requirements for private sector employees who report to work in person—which would apply to an additional 184,000 businesses.
Associate Alana Genderson spoke with HR Magazine about how employers can accurately assess employee numbers in the wake of the contested Occupational Safety and Health Administration (OSHA) emergency temporary standard (ETS), which applies to companies with more than 100 employees.
New York City Mayor Bill de Blasio announced on December 6 that employees (1) not previously covered under the existing “Key to NYC” vaccination requirements and (2) who perform in-person work for private businesses in the city must receive at least one dose of a COVID-19 vaccine by December 27. The “Key to NYC” requirements currently in place for restaurants, fitness facilities, and entertainment venues have also been expanded to require proof of two doses (for individuals receiving a two-dose series) by that date, where previously only proof of an initial dose was required.
In Law360, partners Steven Johnson, Jonathan Zimmerman, and Handy Hevener, along with associates Anna Pomykala and Jacob Oksman, outlined key components of the Coronavirus Aid Relief and Economic Security (CARES) Act’s complex repayment rules for employer-share Social Security tax deferrals.
The Japanese government has again tightened its restrictions on new entries of foreign nationals and on activities for COVID-19 vaccination certificate holders due to the rapid expansion of the Omicron variant infection around the world. These changes fully went into effect as of December 1, 2021, as one-month temporary measures valid until the end of 2021, to determine the degree of danger the Omicron variant presents. This restriction could be extended depending on infection status.
Associate Daniel Kadish spoke with Forbes about best practices employers can employ when asking employees about their vaccination status.
The IRS recently issued FAQs to address workforce issues and labor shortages resulting from the COVID-19 pandemic. The guidance seems to be in response to well-publicized labor shortages affecting schools and the education industry, although it is not limited to that industry. The FAQs reaffirm prior IRS guidance, but may give comfort to employers who are contemplating rehiring retirees as they try to manage workforce issues “related to” the pandemic.
The fate of the Occupational Safety and Health Administration’s landmark Emergency Temporary Standard on COVID-19 vaccination is in the hands of the Sixth Circuit—for now. In this LawFlash, we walk businesses through the legal challenges to the Emergency Temporary Standard, how they may unfold, and what businesses may wish to do in the interim.
National Labor Relations Board General Counsel Jennifer A. Abruzzo issued a memorandum explaining her view of employers’ bargaining obligations in response to the US Department of Labor Occupational Safety and Health Administration’s Emergency Temporary Standard to Protect Workers from Coronavirus. According to Abruzzo, any issue involving employer discretion is subject to decision bargaining. The Emergency Temporary Standard may also trigger effects bargaining obligations for non-discretionary issues.
The Japanese government has relaxed its restrictions on new entries of foreign nationals and on activities for holders of COVID-19 vaccination certificates. These changes went into effect as of November 8, 2021.
The Fifth Circuit temporarily stayed the Occupational Health and Safety Administration’s Emergency Temporary Standard on COVID-19, placing it in legal limbo. In addition, state governments continue to take actions related to employer vaccine mandates that merit attention. In the past month, state legislatures in Alabama, Arkansas, Tennessee, West Virginia, and Iowa passed bills purporting to limit the ability of employers to mandate COVID-19 vaccination, and Florida will consider similar measures in a special session starting November 15. Illinois, in contrast, passed an amendment limiting the effect of a statute used by plaintiffs to challenge vaccine mandates.
Partner Michael Puma told HR Magazine that employers are seeing an influx of religious accommodation requests in light of COVID-19 vaccination requirements.
Associate Alana Genderson spoke with HR Dive about the Occupational Safety and Health Administration’s (OSHA’s) emergency temporary standard (ETS) requiring some employers to implement COVID-19 vaccine mandates or testing requirements by January 4.
Under a newly signed executive order in New Jersey, all state contractors and subcontractors entering agreements with the state must include a clause that requires all covered workers to either provide adequate proof to the contractor that they are fully vaccinated or submit to at least weekly COVID-19 testing.
Partner Louise Skinner reviews the UK government’s proposals to extend the right to request flexible working in an article for Employment Law Journal.
On 23 September, the UK government published a consultation document, “Making flexible working the default”, which proposes various reforms to the right for employees to request flexible working arrangements—particularly in light of changes in working practices brought about by COVID-19.
The Biden-Harris administration plans to lift travel restrictions on visitors from most European countries, including the United Kingdom and Ireland, and other countries that have been in place since the start of the coronavirus pandemic.
New York State Governor Kathy Hochul announced on September 6, 2021 that the New York State Department of Health designated COVID-19 a highly contagious communicable disease that presents a serious risk of harm to public health under the New York State Health and Essential Rights Act (HERO Act). Under the Act requirements, businesses must promptly review their worksite exposure prevention plans; activate the protective measures in the plan, including mandatory screening, social distancing, and masking; and provide employees with verbal and written notice of their exposure prevention plans.
US Immigration and Customs Enforcement (ICE) has extended a policy permitting acceptance of remote employment eligibility verification in limited circumstances through December 31, 2021.
The US Centers for Disease Control and Prevention (CDC) recently announced a new policy under which all applicants for a green card must be fully vaccinated against COVID-19. As part of the green card application process, all individuals are required to undergo a medical exam by a civil surgeon. This surgeon will assess a full medical history, conduct a physical examination, ensure attainment of all required vaccinations, and screen for mental health, sexually transmitted diseases, and various other illnesses that have been determined to be adverse to the interests of the general public.
The UK Home Office has announced that the temporary COVID-19 adjusted right-to-work checks have been extended to 5 April 2022 following the positive feedback on remote checks.
Partner Daryl Landy spoke with HR Magazine about a new statewide regulation that requires California state employees, healthcare workers and others in high-risk workplaces to either show proof of vaccination or complete regular testing.
Partner Sharon Masling spoke with CNBC about legal developments in COVID-19 vaccine mandates and the way an employer’s vaccine policy could affect workplace culture.
Partner Sharon Masling spoke with Bloomberg Law about the debate over mandatory vaccines for school-aged children.
After reviewing the updated CDC Interim Public Health Recommendations for Fully Vaccinated People and in response to the recent surge in COVID-19 rates and hospitalizations, particularly in areas with lower vaccination rates, the California Department of Public Health (CDPH) on July 28 revised its Guidance for the Use of Face Coverings (Guidance) to recommend that all persons, regardless of vaccination status, wear face masks in indoor public settings across California.
The Centers for Disease Control and Prevention (CDC) has released updated guidance recommending that fully vaccinated persons in areas with substantial or high rates of COVID-19 transmission resume wearing masks in public indoor settings. The guidance also encourages all fully vaccinated persons who are exposed to COVID-19 to take a COVID-19 test three to five days after exposure, and to wear masks in public indoor settings for 14 days or until receiving a negative COVID-19 test. The guidance also recommends universal indoor masking for all teachers, staff, students, and visitors to schools, regardless of their vaccination status.
Partner Sharon Masling spoke with the Associated Press about the legal rights of employers when looking to mandate a COVID-19 vaccination for employees.
The New York State Department of Labor (DOL) published the Airborne Infectious Disease Exposure Prevention Standard (the Standard) on July 6 pursuant to the New York Health and Essential Rights Act (HERO Act) as well as a template compliant safety plan. By August 5, 2021, employers must either adopt an applicable template plan or establish an alternative plan that meets the Standard’s minimum requirements. While employers must make available and communicate the existence and contents of their plan to employees by September 4, 2021, they do not need to actually implement the safety controls in the plan until the New York Department of Health declares an outbreak of an infectious disease, which has not happened yet.
The UK government has now opened the new Graduate Route for visa applications. The Graduate Route will allow international students to remain in the United Kingdom for two years after graduating from a higher education provider to enable them to find work. The new route is part of the government’s push to attract and retain talented individuals.
Santa Clara County, California issued a health officer order on June 21, 2021, to phase out its May 18 health officer order, which required businesses to ascertain the vaccination status of all personnel working in the county and to follow up every two weeks with those who had not yet indicated they were fully vaccinated. The county also lifted its other COVID-19-related requirements for businesses, replacing them with recommendations that businesses are encouraged to follow.
The Cal/OSHA Standards Board voted on June 17 to “readopt” the COVID-19 Prevention Emergency Temporary Standards (ETS) with several revisions that brought the ETS rules for fully vaccinated employees more in line with the Centers for Disease Control and Prevention (CDC) and California Department of Public Health’s (CDPH) guidance. Later that day, Governor Gavin Newsom issued Executive Order N-09-21 that eliminated 10 days of administrative review so that the ETS could take effect immediately.
Governor Andrew Cuomo announced on June 15 that the State of New York reached its goal of 70% of adult New Yorkers receiving at least one dose of a COVID-19 vaccine.
The Occupational Safety and Health Administration (OSHA) issued important updates to its COVID-19 guidance for employers on June 10. To start, the long-awaited COVID-19 Emergency Temporary Standard (ETS) is effective immediately, but it only applies to employers in healthcare and healthcare support services settings. Employers covered by the ETS have 14 days (from the date that the ETS is published in the Federal Register, which could be any day now) to comply with most provisions, and 30 days (also from the date of publication in the Federal Register) to comply with the provisions related to physical barriers, ventilation, and training.
In another reversal, on June 9 the California Division of Occupational Safety and Health (Cal/OSHA) Standards Board unanimously voted to withdraw the “Readopted” Emergency Temporary Standards that it had approved just six days earlier, while the California Department of Public Health (DPH) previewed new face mask guidance that aligns with the Centers for Disease Control and Prevention’s (CDC’s) face mask guidance and will take effect June 15. In addition, the health department from Los Angeles County—the county with the largest population and with the highest number of COVID-19 cases and deaths in the state since the pandemic began—announced that it will adopt the state DPH guidance except that employers must adhere to Cal/OSHA standards.
Partner Jon Snare was quoted in The Associated Press after the Occupational Safety and Health Administration (OSHA) issued important updates to its COVID-19 emergency temporary standards.
Morgan Lewis partners Jason Mills and Daryl Landy spoke with The Recorder after California state regulators rescinded COVID-19 workplace safety rules.
On June 8, 2021, the New York State Department of Health released updated interim guidance for office-based workplaces that removes significant prior restrictions. This new guidance comes on the heels of Governor Andrew Cuomo’s recent announcement that once 70% of adult New Yorkers have received at least the first dose of the COVID-19 vaccine, almost all applicable guidance will become optional, except that unvaccinated individuals still need to wear face coverings and maintain social distancing. According to Governor Cuomo, New York is expected to hit the 70% threshold during the week of June 14, if not earlier.
At a Standards Board meeting on June 3, 2021, the California Division of Occupational Safety and Health (Cal/OSHA) “readopted” its COVID-19 Prevention Emergency Temporary Standards with revisions as published on May 28.
Morgan Lewis senior attorney Pierce Blue and associates Alana Genderson and Daniel Kadish authored an article for Law360 after the US Equal Employment Opportunity Commission released an update to its technical assistance guidance on COVID-19 and the Americans with Disabilities Act, the Rehabilitation Act, and other federal equal employment opportunity laws.
Morgan Lewis partner Louise Skinner was interviewed by Eddie Mair on LBC Radio about the prospect of making COVID-19 vaccinations compulsory for care home staff.
The California Division of Occupational Safety and Health (Cal/OSHA) on May 28 released much-anticipated updated text for its proposed “Readoption” of COVID-19 Prevention Emergency Temporary Standards. Perhaps the biggest surprise was what Cal/OSHA did not change.
The US Equal Employment Opportunity Commission (EEOC) released a long-awaited update to its technical assistance guidance on COVID-19 and the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other federal equal employment opportunity (EEO) laws on May 28, 2021. The document addresses frequent employer questions related to requiring vaccines for employees and providing incentives to employees to encourage vaccinations under the ADA, Title VII, and the Genetic Information Nondiscrimination Act (GINA).
The sports industry was among the first to navigate the resumption of some sense of regular play amid the pandemic, but it was far from normal. That wasn’t necessarily a bad thing. As sports have routinely blazed a trail for others to follow, teams and franchises continued that streak, first testing and then improving on ways to protect their players and staff from COVID-19, all the while attracting new interest from investors and advancing the call for racial justice. Now as many stadiums reopen to full capacity, we take a look back at what lessons the sports industry is likely to carry forward for the rest of 2021.
New guidance will allow employees in New Jersey, Oregon, and Washington to go maskless and stop social distancing if they provide their employers proof of vaccination against COVID-19.
Massachusetts Governor Charlie Baker announced on May 17 that Massachusetts will rapidly accelerate the commonwealth’s reopening process by adopting the Centers for Disease Control and Prevention’s (CDC’s) Interim Public Health Recommendations for Fully Vaccinated People. Effective May 29, all businesses can open at 100% capacity, with very limited exceptions. The governor also announced that the 14-month state of emergency will end on June 15, 2021.
The California Occupational Safety and Health (Cal/OSHA) Standards Board has decided to delay approving Cal/OSHA’s proposed “readoption” of the COVID-19 Prevention Emergency Temporary Standards pending Cal/OSHA’s anticipated further proposed revisions in light of recent mask guidance from the Centers for Disease Control and Prevention.
Illinois Governor J.B. Pritzker announced that effective May 17, 2021, the State of Illinois is adopting the Centers for Disease Control and Prevention’s new guidance regarding face coverings for fully vaccinated individuals. The next day, Chicago Mayor Lori Lightfoot announced similar changes to Chicago’s face covering requirements.
California will keep its existing mask guidance in place until June 15, 2021, when it aims to “fully reopen the economy.” Thereafter, California will align its mask guidance with the Centers for Disease Control and Prevention’s mask guidelines for fully vaccinated individuals.
Partners Louise Skinner and Lee Harding authored an article for International Employment Lawyer that outlined strategies for maintaining a healthy workplace culture.
The Centers for Disease Control and Prevention (CDC) updated its guidance for fully vaccinated individuals on May 13 to state that “fully vaccinated people no longer need to wear a mask or physically distance” in most settings, subject to applicable law or workplace guidance.
Members of our labor and employment team recently published a LawFlash discussing and analyzing the New York Health and Essential Rights Act (the HERO Act), which was signed into law on May 5, 2021 by New York Governor Andrew Cuomo. The HERO Act requires the New York State Department of Labor and New York State Department of Health to create industry-specific airborne infectious disease standards that must be used by all employers doing business within the State of New York.
Update: The UK Home Office has announced that the temporary COVID-19 adjusted right-to-work checks will now end on 20 June 2021, as opposed to 17 May 2021. From 21 June 2021, employers will be required to revert to face-to-face and physical document checks as set out in the legislation and guidance and further detailed below. This is a welcome change for many businesses whose offices remain closed, and is aligned with the easing of lockdown restrictions and social distancing measures, as set out in the government’s roadmap for England and those of the devolved administrations.
Morgan Lewis partner Sharon Masling spoke to CNBC about schools requiring students to be vaccinated before returning to school.
New York Governor Andrew Cuomo signed the New York Health and Essential Rights Act (the HERO Act) into law on May 5, 2021, requiring the New York State Department of Labor and New York State Department of Health to create industry-specific airborne infectious disease standards that must be used by all employers doing business within the State of New York.
New York Gov. Andrew Cuomo, New Jersey Gov. Phil Murphy, and Connecticut Gov. Ned Lamont jointly announced on May 3 a significant easing of the remaining capacity restrictions on business operations related to the COVID-19 pandemic.
In response to the surge in COVID-19 cases in India, the Biden-Harris administration announced on April 30 that the COVID-19-related admission bans currently in place will be expanded to include travelers from India. The ban is currently scheduled to go into effect at 12:01 am EDT on May 4.
Partner Daryl Landy spoke with HR Today about California’s paid sick leave mandates amid the COVID-19 pandemic. In the article, Daryl discussed the expansion of the benefits under SB 95, the latest regulation.
Associate Daniel Kadish spoke with HR Magazine about the role of vaccination cards in the workplace. In the article, Daniel discussed tips for employers if employees lose their vaccination cards, as well as other scenarios.
Philadelphia enacted a new version of its Public Health Emergency Leave (PHEL) Ordinance on March 29. The new ordinance amends the emergency regulations the city enacted in November 2020 to expand paid sick leave access for workers during the COVID-19 pandemic. Under the new ordinance, which will remain in effect for the duration of the pandemic, covered employers must immediately provide up to 80 hours of paid sick leave to qualifying employees for certain COVID-19-related reasons.
Morgan Lewis partner Klair Fitzpatrick and associate Daniel Kadish were quoted by HR Magazine in an article about mask policies in the workplace.
Expectations for positive turns in many spheres of life, both commercial and social, have sprung at the arrival of COVID-19 vaccination. One of the popular questions is whether vaccination could change the current preference for working remotely (even as we see gradual easing of the remote work requirement in Russia) or whether it would be required as a condition to work in office. In this LawFlash we address whether an employer can require employees to vaccinate, whether the employee can seek to discontinue remote work following vaccination, and related matters.
Partner Sharon Masling was interviewed by NJ Spotlight News about a new state law that opens the door to employer-mandated vaccinations before allowing employees to return to work.
California Governor Gavin Newsom signed into law Senate Bill 95 (SB 95) on March 19, 2021. SB 95 requires employers to provide employees with supplemental paid sick leave (CSPSL) for various absences related to COVID-19 and creates Cal. Lab. Code 248.2. This supplemental paid sick leave would be in addition to any other paid time off benefits to which the employee may be entitled.
PHILADELPHIA, March 22, 2021: At the 2021 Jeffrey S. Moorad Sports Law Journal symposium, Morgan Lewis partners Grace Speights and Baird Fogel will tackle some of the most relevant issues facing the sports industry today.
Morgan Lewis partner Jonathan Zimmerman spoke with Law360 about the new COBRA subsidies introduced by the American Rescue Plan Act (ARPA). The passage of ARPA means that eligible employees who were laid off or had a reduction in hours as a result of COVID-19 can stay on their workplaces health plans for free within the extended 18 months of coverage from COBRA.
Employers should note several recent legislative and regulatory developments in New York State related to the COVID-19 pandemic. On March 12, Governor Andrew Cuomo signed legislation entitling all public- and private-sector employees in the state to up to four hours of paid leave per injection to receive the COVID-19 vaccination.
The Centers for Disease Control and Prevention (CDC) issued public health recommendations for fully vaccinated people that provide guidance on activities these individuals can engage in as well as ongoing precautions of which to be aware. These updates include directions that apply to non-healthcare settings and specifically describe activities that the CDC deems to be low or high risk for individuals who are fully vaccinated against COVID-19. Separate from the CDC guidance, various states are beginning to issue more vaccine-related guidance, including on whether employers can mandate vaccines and whether otherwise applicable quarantine requirements apply to vaccinated individuals, which is in line with prior CDC guidance.
Morgan Lewis associate Daniel Kadish spoke with the Washington Post about the potential for employers to compel employees to be vaccinated. “The thought process is the vaccine stops people from having severe illness or developing severe complications from COVID-19, and so it could help the individual from becoming a direct threat to themselves or others in the workplace,” said Dan.
On 3 March 2021, the UK government confirmed the continuation of the Coronavirus Job Retention Scheme (CJRS) through the end of September 2021. The CJRS was due to end on 30 April 2021 and has, so far, supported more than 11.2 million employees since its inception in March 2020.
In an unexpected development, the US State Department on March 2 rescinded the “National Interest” (NIE) exception determinations relating to Presidential Proclamation 10143. Presidential Proclamation 101043, which was issued by President Joe Biden on January 25, 2021, bars the admission into the United States of persons (other than United States citizens, permanent residents, and other discrete classes of foreign nationals) who were physically present in the Schengen area, the United Kingdom, the Republic of Ireland, Brazil, and South Africa during the 14 days before their attempted entry into the country.
As businesses continue to grapple with the effects of the pandemic in the spring of 2021, the Equality and Human Rights Commission (EHRC) has granted companies a six-month extension to report their gender pay figures. Employers should aim to report by 4 April 2021 wherever possible, but the EHRC will not take any enforcement action until 5 October 2021 in order to “strike the balance” between supporting businesses and the Regulations (as defined below). The annual April deadline introduced in 2017 was suspended entirely in 2020 due to COVID-19.
The Centers for Disease Control and Prevention (CDC) has been actively reviewing its COVID-19 guidance over the past few weeks and as expected, the new administration has issued significant new guidance and updates. These updates include direction on topics relevant to employers, including testing, quarantining, and mask-wearing. First, new CDC guidance on testing advises employers to seek informed consent for any workplace-based COVID-19 testing program.
In a recent International Employment Lawyer article, Morgan Lewis associate Daniel Kadish discussed the issues employers are considering around requiring employees to receive a COVID-19 vaccine.
Morgan Lewis partners Louise Skinner and Lee Harding authored an article for Employee Benefits about the UK government’s spending review. The spending review, which is due to come into force in April 2021, gained particular attention this year due to the financial impact of the pandemic. In the article, Louise and Lee detail the financial measures that have been put in place to help support long-term unemployed people, and explain what public service spending will look like after April.
The US Department of State announced on February 10 that students possessing valid F-1 and M-1 visas who are seeking admission to the United States from the Schengen area countries, the United Kingdom, and Ireland no longer need to seek a National Interest Exception (NIE) to enter the United States. These travelers will automatically be able to enter the United States under a general NIE, without needing to obtain preauthorization from a US consular post.
Partner Sharon Masling was quoted in a Bloomberg Law article about more employers offering financial incentives in exchange for their employees getting the COVID-19 vaccine. The quickly evolving situation touches on a number of areas in employment law, including health privacy laws and the Americans with Disabilities Act (ADA).
HM Treasury in the United Kingdom released its sixth direction concerning the Coronavirus Job Retention Scheme on 26 January 2021. Many of the central features of the furlough scheme have not changed, including the level of the government’s contribution to employees’ wages. However, certain dates have been amended and the direction addresses issues that employees on variable pay would have faced under the scheme had the latest changes not been made. Employers will also be interested to know that HM Revenue & Customs has started to publish details of companies that have made claims through the scheme since December 2020.
Among other features, the new guidance recommends that employers implement a COVID-19 prevention program and identifies key measures for limiting the spread of COVID-19.
Virginia employers should take note of how the new COVID-19 permanent standard differs from last summer’s temporary standard and ensure that training and policies are updated accordingly.
In an effort to curb the further spread of COVID-19, President Joe Biden has extended restrictions on US admission from the Schengen Area, the United Kingdom, Ireland, and Brazil as of January 26, and expanded the restrictions to include travel from South Africa as of January 30. The new restrictions prohibit travel from any of these regions during the 14-day period preceding anticipated entry to the United States, with certain exceptions.
Following the announcement of its third national lockdown on 5 January 2021, the UK government has updated its guidance on the Coronavirus Job Retention Scheme, stating that employers may furlough employees in circumstances where an employee’s health has been adversely affected by COVID-19 or where the employee is prevented from working or required to work reduced hours due to COVID-19 or care responsibilities as a result of lockdown.
In response to the changes in the transmission of COVID-19, both domestically and across the globe, the UK government has announced that passengers from all international destinations will now be required to present a negative COVID-19 test result before departing for England.
The US Centers for Disease Control and Prevention issued an order on January 12 stating that all air travel passengers over the age of 2 (including US citizens and green card holders) are required to obtain a negative COVID-19 test prior to departing any foreign country or to produce evidence of their recovery from COVID-19.
Morgan Lewis associate Daniel Kadish was quoted in an HR Magazine article about best practices for employers amid the COVID-19 vaccine rollout. In the piece, Daniel noted that an employer must provide "reasonable accommodations" to workers who decide not to get the COVID-19 vaccine because of religious or disability concerns.
Morgan Lewis partner Sharon Masling discussed the future of remote working as part of a series of 2021 predictions collated by Legaltech News. Sharon, a director of the firm’s workplace culture consulting group, said, “Although vaccines offer some hope for returning to a pre-pandemic in-person work environment, remote work has become the new normal and employees increasingly expect to have remote work flexibility.”
Partners Sharon Perley Masling, Carrie Gonell, and Cosimo Zavaglia and associate Daniel Kadish authored a Bloomberg Law article about the legal issues concerning employees who are working remotely from other states and jurisdictions to which they relocated for the long term because of COVID-19.
Morgan Lewis partner Sharon Perley Masling spoke with The Washington Post for an article about the likely implications of COVID-19 on the 2021 workplace.
Morgan Lewis partner Sharon Perley Masling spoke with Bloomberg Law about the legal questions for employers around mandating the COVID-19 vaccine. “Whether to mandate the vaccine is obviously an industry-by-industry and employer-by-employer decision,” said Sharon. “In most cases, however, our clients are deciding to strongly encourage their employees to get the vaccine rather than require them to do so while the vaccine is under an EUA.”
Partner Sharon Perley Masling was quoted in a Boston Globe article about best practices for employers seeking for their workforce to get the COVID-19 vaccine.
The United Kingdom on 2 December became the first country to approve the Pfizer-BioNTech vaccine for coronavirus (COVID-19), with approximately 500,000 people receiving the vaccine in the first two weeks of the largest vaccination programme in British history.
UK Chancellor Rishi Sunak announced on 17 December that the Coronavirus Job Retention Scheme (CJRS) is to be extended until 30 April 2021. This represents a further extension of one month.
Businesses in the United Kingdom which engage contractors through intermediaries should prepare now for changes to the “IR35” rules that will take effect in April 2021.
Morgan Lewis partner Sharon Masling spoke with CBS News about the Equal Employment Opportunity Commission’s recently released guidance that employers can mandate employees be vaccinated for COVID-19 in certain circumstances.
On the heels of the US Food and Drug Administration’s first issuance of an Emergency Use Authorization for a coronavirus (COVID-19) vaccine, the Equal Employment Opportunity Commission published an updated technical assistance bulletin that begins to address some of the questions employers have raised regarding whether they can require employees to get vaccinated for COVID-19, as well as considerations employers should be aware of if they do offer a COVID-19 vaccination program.
Morgan Lewis associate Yvette Allen was quoted by Practical Law Employment in a Q&A guide that details a number of frequently asked questions by employers on right to work issues, including changes to regulations in light of the COVID-19 pandemic.
Governor Gavin Newsom announced a regional stay-at-home order on December 3 in response to the unprecedented surge of coronavirus (COVID-19) cases in California.
Partner Jason Mills was quoted in a Bloomberg Law article about the California Division of Occupational Safety and Health’s new emergency coronavirus (COVID-19) worker infection prevention rule, which took effect in late November.
Partner Jonathan Snare and associate Alana Genderson spoke with HR Magazine for an article about what employers may expect regarding enforcement by the Occupational Safety and Health Administration (OSHA) under a Biden administration.
Morgan Lewis partner Sharon Perley Masling spoke with The Washington Post about the unanswered questions employers are facing regarding a potential COVID-19 vaccine.
Morgan Lewis partners Susan Harthill, Jennifer Breen, and Kenneth Polite authored a Law360 article about the pace of personnel changes that could result in federal agencies under a Biden administration.
As the number of coronavirus (COVID-19) cases continue to rise throughout the country and the impact of the pandemic on employers continues unabated, many employers and employees are exploring not only how to work remotely, but whether and where to work remotely. Remote work continues to be required or strongly encouraged in some areas, and remote work may also appeal to employers as they respond to employee concerns about in-person work and consider potential cost savings. However, businesses that either ask or permit employees to work remotely on a long-term basis should be cognizant of the numerous potential legal implications, as well as business concerns that these arrangements can create.
Morgan Lewis of counsel Kimberley Lunetta and associates Alana Genderson and Daniel Kadish’s BOMA New York presentation, “Minimizing General & Employment Law Liability,” was featured in a recent Real Estate Weekly article.
The Centers for Disease Control and Prevention (CDC) issued new interim guidance on November 16, revising the approach businesses should take when determining whether critical infrastructure workers who have been exposed to persons with suspected or confirmed coronavirus (COVID-19) may continue to work in person.
The eagerly anticipated news of coronavirus (COVID-19) vaccine candidates last week has been welcomed by the scientific community across the globe. For employers, the news has prompted consideration of the potential implications of a successful vaccine for the workplace.
Morgan Lewis partner Jonathan Snare spoke with Business Insurance for an article about coronavirus (COVID-19)-related safety protocols.
Morgan Lewis partner and co-leader of the firm’s education industry team Ami Wynne spoke with Boston Business Journal about the firm’s efforts to support clients in the higher education sector amid the coronavirus (COVID-19) pandemic, and shared her observations on new trends of resource sharing between universities and taxing endowments.
HM Revenue & Customs (HMRC) in the United Kingdom (UK) has released its full guidance for the Coronavirus Job Retention Scheme (CJRS) extension, which was first announced by the UK government on 31 October 2020. The scheme has since been extended until 31 March 2021.
Healthcare systems have been on the front lines of the coronavirus (COVID-19) pandemic and may have several questions about how to manage workforce challenges as we look toward the upcoming months.
Partners Althea Day, Randall Tracht, and Johnathan Zimmerman authored a Pratt’s Energy Law Report article about the challenges energy companies face as they return to “normal” operations amid the coronavirus (COVID-19) pandemic.
With the US Food and Drug Administration’s first issuance of an Emergency Use Authorization for a COVID-19 vaccine, employers should consider the implications a new vaccine will have on their workplaces. Although much remains speculative, employers can look to the regulation of current vaccines as the basis for their preliminary planning. Those who begin to plan now will be better positioned to navigate the various risks and issues involved.
The United Kingdom has announced a second extension to the country’s Coronavirus Job Retention Scheme (CJRS) in less than a week. The CJRS will now run until 31 March 2021, with some revised details compared to the previous versions of the scheme.
Morgan Lewis partner Louise Skinner was quoted by Personnel Today in an article about the extension of the UK’s Job Retention Scheme, which has caused challenges for many employers.
New York Governor Andrew Cuomo announced on October 31 that all travelers from out of state must quarantine for 14 days upon entrance and/or return to New York unless they meet specific exemptions.
To alleviate plan sponsor financial burdens during the height of the coronavirus (COVID-19) pandemic, Section 3608 of the CARES Act delayed the due date for required minimum contributions for defined benefit pension plans otherwise due in 2020.
Effective immediately, Michigan will require employers to make coronavirus (COVID-19) workplace exposure determinations for all job tasks and procedures, prepare written preparedness and response plans, and implement a series of workplace protections.
Morgan Lewis’s Workplace Government Relations and Regulation practice was highlighted in a recent Bloomberg Law article about what law firms are doing to help employers navigate changing laws and regulations amid the coronavirus (COVID-19) pandemic and the US election.
The US Centers for Disease Control and Prevention has expanded its definition of “close contact” to include individuals who spend 15 cumulative minutes within six feet of an individual infected with coronavirus (COVID-19) over a 24-hour period.
Morgan Lewis partner Louise Skinner authored an article for CityWorks that provides guidance for employers about how to best support parents during the pandemic.
Morgan Lewis partner Leni Battaglia and associate Daniel Kadish authored a Law360 article about a recent New York State Department of Health executive order that requires companies in specific geographic areas to enact new restrictions to mitigate coronavirus (COVID-19) transmissions in those areas. In the piece, they discuss best practices for companies and key considerations regarding paid leave.
Morgan Lewis partner Jonathan Snare was quoted in an article by SHRM about the Occupational Safety and Health Administration's (OSHA's) clarification on the reporting rules for potential coronavirus (COVID-19) cases at work.
Following an increase in documented coronavirus (COVID-19) cases, New York Governor Andrew Cuomo issued an executive order permitting the state Department of Health to identify geographic areas that require enhanced public health restrictions based on clusters of COVID-19 cases. The permitted restrictions include mandatory business closures, and are to be based on risk-level categorizations (red, orange, or yellow risk zones) with corresponding levels of constraint meant to mitigate COVID-19 transmissions in those areas.
In response to the coronavirus (COVID-19) pandemic, President Vladimir Putin authorized the heads of Russian regions to determine the lockdown rules depending on the epidemiological situation in a particular territory. In this alert we address the most recent restrictions introduced by the Mayor of Moscow, including new reporting requirements.
Chancellor Rishi Sunak outlined a new sixth-month Job Support Scheme (JSS) on 24 September to replace the coronavirus Job Retention Scheme (JRS) that is due to end on 31 October 2020.
California Governor Gavin Newsom signed Assembly Bill 685 on September 17, enhancing the state Division of Occupational Safety and Health’s (Cal-OSHA’s) enforcement of coronavirus (COVID-19) infection prevention requirements.
California Governor Gavin Newsom signed into law Assembly Bill 1867 on September 9, requiring private employers with 500 or more employees nationwide to provide California employees with paid sick leave for coronavirus (COVID-19)-related absences.
The US Department of the Treasury and the Internal Revenue Service have issued guidance with respect to US President Donald Trump’s August 8, 2020 Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster. The notice allows an employer to opt to postpone the withholding and depositing of certain employer-share Social Security taxes until repayment is required in 2021; it does not waive liability for the underlying taxes.
Morgan Lewis partner Sharon Masling spoke with SHRM for an article about best practices for employers seeking to resolve co-worker conflict arising from the coronavirus (COVID-19) pandemic. Sharon stressed the importance of strong prevention protocols, regular communication, consistent application of COVID-19 polices, and need for transparency.
Morgan Lewis associate Alana Genderson’s presentation at BOMA NY’s Adaptive Workplace Strategies: Planning for Today & Post-COVID virtual seminar was highlighted in a New York Real Estate Journal article on the seminar.
California Governor Newsom announced the “blueprint for a safer economy,” a gradual process for reopening businesses in California, on August 28. A replacement for the County Monitoring List, the blueprint is a four-tier, color-coded system for business reopening based on each county’s specific coronavirus (COVID-19) case rates and percentage of positive tests.
The French government has announced that the wearing of masks in enclosed and shared spaces within private and public companies will be mandatory as of September 1, 2020. The implementation of barrier gestures and the practice of teleworking is still strongly recommended.
With successive presidential proclamations and executive orders in recent months, there can be considerable confusion around what type of immigration petitions and applications can be filed, and who can enter the United States. This White Paper is aimed at clarifying some of the issues and answering some commonly-asked questions regarding what immigration processes can be undertaken during this time.
The Department for Business, Energy & Industrial Strategy published a statement on 30 July announcing that furloughed employees will receive statutory redundancy pay based on their normal wages, rather than a reduced furlough rate.
More employees are eligible for up to 12 weeks’ COVID-19-related emergency paid sick leave and emergency paid FMLA leave after a federal district court in New York invalidated significant parts of a US Department of Labor rule on August 3. Employers should consider whether they need to adjust their leave determinations in light of the court’s decision.
A federal court on July 29 temporarily halted the public charge rule during the coronavirus (COVID-19) pandemic, while the US Citizenship and Immigration Services (USCIS) on July 31 released a new proposed schedule with increased filing fees.
The coronavirus (COVID-19) pandemic brought much of the world’s professional sport to a standstill during the first half of 2020. Set against the background of widespread border closures, there has been significant uncertainty with respect to the lawful movement of people. Here, we look at the options available for people working across the breadth of the sports sector who wish to visit or move to the United Kingdom.
As part of his continuing response to the increasing coronavirus (COVID-19) pandemic in California, Governor Gavin Newsom released the COVID-19 Employer Playbook on July 24 to assist employers in navigating reopening and responding to virus outbreaks in the workplace.
The Commonwealth of Virginia recently became the first state in the nation to enact enforceable workplace safety standards to address the risks of coronavirus (COVID-19).
The Internal Revenue Service (IRS) recently released new guidance in IRS Notice 2020-50 and Notice 2020-51 to help owners and beneficiaries of individual retirement accounts and individual retirement annuities (IRAs) and IRA providers navigate the relief provided under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
In immigration developments the week of July 13, an executive order makes persons born in Hong Kong chargeable to Mainland China for immigrant visa purposes; the policy preventing F-1 and M-1 international students from attending college fully online was abandoned; and the US Department of State clarified that there are national interest exceptions to the presidential proclamations on immigration, including for humanitarian travel, public health response, and national security.
In response to the rising number of coronavirus (COVID-19) cases in California, effective immediately, Governor Gavin Newsom on July 13 ordered all counties in California to close all indoor and outdoor bars, brewpubs, breweries, and pubs. The order also includes restaurants’ indoor operations, wineries and tasting rooms, movie theaters, family entertainment centers, bowling alleys, zoos and museums, and cardrooms statewide. The order allows these businesses, except for bars, to operate outdoors if possible.
Entry into the People’s Republic of China for employees of US companies is possible through certain limited routes, including the Regular Channel and Green Channel, plus through the newly created Shanghai Municipal Commission of Commerce.
The Student and Exchange Visitor Program, a part of US Immigration and Customs Enforcement, on July 7 announced several modifications to temporary exemptions for nonimmigrant students taking online classes due to the coronavirus (COVID-19) pandemic for the fall 2020 semester.
From 4 July, pubs, restaurants, hairdressers, hotels and other outdoor activities in the United Kingdom reopened but are required to comply with new guidance announced 23 June. To facilitate their opening, the well-established two-metre social distancing rule will change to “one metre plus.” This further easing of lockdown restrictions will affect employers and employees alike.
Following on from our recent LawFlash on the UK’s mandatory 14-day self-isolation measures, the UK government has announced a “travel corridor” scheme, which will enable some nationals to return to England without having to self-isolate.
We have summarized recommendations made by the European Council for an easement of restrictions for certain residents from July 1, 2020.
On July 1, California Governor Gavin Newsom announced closures of indoor dining and entertainment venues, as well as all bars, in 19 counties. California immediately issued Guidance describing these closures. Gov. Newsom also announced coordinated enforcement efforts, including the creation of Enforcement Strike Teams between state agencies and local counties and cities. Businesses are advised to regularly review the rules that remain in constant flux.
IRS Notice 2020-52 provides welcome relief to plan sponsors considering suspending safe harbor matching contributions or safe harbor nonelective contributions (or who already suspended safe harbor contributions during 2020) in response to the coronavirus (COVID-19) pandemic.
Morgan Lewis partner Lee Harding and associate William Mallin co-authored an article for Employment Law Journal about how to protect the health and safety of employees upon their return to the workplace. In the article they also examine the extent of an employee’s right to refuse to return to work because of the threat posed by coronavirus.
Under IRS Notice 2020-50, employers sponsoring nonqualified deferred compensation plans (NQCD plans) may now allow employees to suspend their deferral elections without having to determine whether the employee has had an unforeseeable emergency for purposes of Section 409A or otherwise qualifies for a hardship under Section 401(k) if the employee received a coronavirus-related distribution from an eligible retirement plan.
The Internal Revenue Service recently published additional guidance on the coronavirus-related distributions and loans provisions of Section 2202 of the CARES Act. Notice 2020-50 is intended to assist employers and plan administrators, trustees and custodians, and qualified individuals in applying Section 2202 to take advantage of greater access to plan distributions and plan loans.
Morgan Lewis partner Philip Miscimarra spoke with SHRM for an article about union organizing efforts amid the COVID-19 pandemic.
President Donald Trump on June 22 issued an amendment to the Presidential Proclamation previously released in April, which suspended the admission of immigrant aliens to the United States. The amendment limits entry into the United States of H-1B, H-2B, J-1, and L-1 nonimmigrants and suspends issuance of those visas at consulates abroad, among other restrictions.
The US Department of Homeland Security and US Customs and Immigration Enforcement have announced extensions of previously implemented measures and flexibilities relating to coronavirus (COVID-19), specifically nonessential travel restrictions from Canada and Mexico to the United States and extended compliance flexibility for Form I-9.
Morgan Lewis partner Jonathan Snare spoke with Law360 about the reopening blueprint for businesses that the US Department of Labor's Occupational Safety and Health Administration (OSHA) recently released.
Morgan Lewis partners and directors of the firm’s Workplace Culture Consulting group Chai Feldblum and Sharon Masling co-authored a Bloomberg Law article about lessons from the #MeToo movement that can help employers create safe and respectful workplaces in the midst of the coronavirus (COVID-19) pandemic.
The Multi-Ministry Taskforce has announced plans for a progressive reopening of Singapore’s economy and society as it emerges from the coronavirus (COVID-19) crisis. The taskforce has also been reviewing the border measures put in place to manage the risks of importation, and will likewise be implementing progressive changes as the borders reopen to international travel.
Financial assistance and other relief provided to employers under the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) will have a short- and long-term impact on employee benefit plans in mergers and acquisitions. The chart below highlights some considerations buyers and sellers should consider in addressing potential “pop-up” liabilities and/or other issues relating to the CARES Act in transactions.
Morgan Lewis partners and co-directors of the firm’s Workplace Culture Consulting group Sharon Masling and Chai Feldblum authored a Law360 article about the Equal Opportunity Employment Commission's latest guidance regarding the coronavirus (COVID-19) pandemic and best practices for employers.
As the coronavirus (COVID-19) pandemic restrictions continue to ease globally, we have compiled a list of current immigration updates for employers looking to move essential employees globally, and/or repatriate them to their home countries.
The UK government on 12 June published additional updated guidance on the Coronavirus Job Retention Scheme (the Scheme), explaining how the flexible furlough arrangements can be implemented by employers looking to bring back staff in a gradual manner.
Morgan Lewis partner and co-director of the firm’s Workplace Culture Consulting group Sharon Masling was quoted in an SHRM article about updated guidance issued by the Equal Employment Opportunity Commission (EEOC) regarding the coronavirus (COVID-19) pandemic and reasonable accommodations under the Americans with Disabilities Act (ADA).
As Latin America continues to manage the adverse economic effects resulting from the coronavirus (COVID-19) pandemic and prepares for what lies ahead, there are certain post-shutdown processes and regulatory requirements to keep in mind before the restart of operations in the region.
This LawFlash provides a summary on navigating the regulatory landscape in various jurisdictions throughout the Latin America region during the global coronavirus (COVID-19) crisis.
US President Donald Trump signed the Paycheck Protection Program Flexibility Act of 2020 (the Act) on June 5, modifying certain provisions related to the forgiveness of loans under the Paycheck Protection Program (PPP). We recently published a LawFlash discussing these modifications.
New York State has continued to issue the state’s phased, regional plan for reopening businesses following the statewide closure of all nonessential businesses due to the coronavirus (COVID-19) public health emergency, a process known as “New York Forward.”
During the coronavirus (COVID-19) pandemic and related economic downturn, businesses that have laid off workers may be more likely to receive a request for business information from the US Department of Labor in connection with a Trade Adjustment Assistance petition.
As Russian regions are lifting pandemic-related workplace restrictions, employers must start considering how best to cope with a vast array of issues, including restarting operations, reintegrating remote-working employees, implementing new and existing requirements, and protecting the safety of employees and customers. Employers who proactively plan for these challenges will be best positioned to adapt to the “new normal.”
The US Department of Labor (DOL) published a Final Rule on June 8 confirming that paying bonuses, commissions, and other incentive-based pay to salaried, nonexempt employees does not disqualify employers from using the fluctuating workweek (FWW) method of calculating overtime pursuant to the Fair Labor Standards Act (FLSA).
The IRS has again extended the due dates for certain returns and payments because of the ongoing coronavirus (COVID-19) pandemic.
New Jersey Governor Phil Murphy has signed Executive Order 150, which furthers efforts to reopen non-essential businesses closed due to the coronavirus (COVID-19) pandemic. Starting June 15, 2020, non-essential retail businesses can reopen physically to customers and outdoor dining and beverage services may resume.
Massachusetts is beginning to prepare for the next phase of its four-phase reopening plan. On June 1 Governor Charlie Baker issued an order allowing Phase II businesses to open their locations to workers to prepare for reopening, providing additional details concerning what types of businesses will be allowed to reopen in Phases II–IV of the reopening plan, and outlining additional guidance for these businesses.
New formal guidance from the Internal Revenue Service (IRS) extends the deadline for providers of individual retirement accounts and individual retirement annuities (IRAs) to file Form 5498 in response to the coronavirus (COVID-19) pandemic.
The UK government on 29 May published updated guidance on the Coronavirus Job Retention Scheme, which has been extended to the end of October 2020 but for which employers will need to contribute to furloughed employee costs from August 2020. Additionally, staff who were furloughed by 12 June can be flexibly furloughed. This LawFlash covers the new guidance and considers employers’ options as the scheme winds down, including redundancies during or following furlough.
With the easing of circuit-breaker measures in Singapore, employers gearing up for reopening must implement safe management measures to provide a safe working environment for employees. Here is a brief guide for employers in Singapore on things to take note when planning for these measures.
The Occupational Safety and Health Administration (OSHA) issued an Updated Interim Enforcement Response Plan on May 19 for enforcing OSHA’s requirements with respect to coronavirus (COVID-19) and a Revised Enforcement Guidance for Recording Cases of COVID-19, walking back positions that the agency expressed just one month ago in its first interim response plan and recordkeeping enforcement guidance for COVID-19.
The US Citizenship and Immigration Services (USCIS) announced Friday that it will resume premium processing for certain petitions in phases over the next month. Petitions using Form I-129, Petition for a Nonimmigrant Worker, such as H-1B, L-1, O-1, TN, and Form I-140, Immigrant Petition for Alien Workers for permanent residency applications, will be eligible for premium processing based on the schedule below, which is subject to change.
The Singapore government announced on 26 May its S$33 billion “Fortitude” budget, which will provide support for businesses and workers in light of the coronavirus (COVID-19) pandemic.
Owing to the coronavirus (COVID-19) crisis, the UK government has announced a number of immigration changes, including visa extension and switching measures as well as a mandatory self-quarantine period for those entering the United Kingdom from June 8, 2020. Other announcements include changes to the guidance for EEA nationals applying for nationality and a Statement of Changes affecting the Startup, Innovator, EU Settlement Scheme, Tier 4, and Global Talent visa categories.
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and recent formal and informal guidance from the Internal Revenue Service (IRS) provide important 2020 relief for owners and beneficiaries of individual retirement accounts and individual retirement annuities (IRAs) and IRA providers in response to the coronavirus (COVID-19) pandemic.
Dubai has announced the gradual reopening of business activities beginning 27 May 2020 within the emirate. The announcement that there will no longer be any restrictions on movement between 6 am and 11 pm was issued at a virtual meeting of Dubai’s Supreme Committee of Crisis and Disaster Management held on 25 May 2020.
Workforce retrenchment in Singapore is expected to hit record numbers as a result of economic disruption from the coronavirus (COVID-19) pandemic. Here is a brief guide for employers in Singapore as they consider retrenchment as an option.
Massachusetts is beginning to reopen for business, with strict rules about how businesses may bring workers back to the workplace. On May 18, the commonwealth issued its phased reopening plan following the closure of all nonessential businesses due to the coronavirus (COVID-19) public health emergency. This LawFlash discusses the government’s rules for the reopening process, including industry-specific guidance.
ERISA fiduciaries may want to identify steps they should be taking and decisions they should be considering to adjust their process in the face of the coronavirus (COVID-19) pandemic. This LawFlash identifies six such points that could be appropriate for consideration by retirement plan fiduciaries, such as fiduciary committees, as the pandemic and related economic fallout continue to evolve.
New York State began on May 15 to implement the state’s phased, regional plan for reopening businesses following the statewide closure of all nonessential businesses due to the coronavirus (COVID-19) public health emergency, a process known as “New York Forward.” Pursuant to New York Forward, certain industries in qualifying regions of New York can begin in-person operations, provided they affirm compliance with industry-specific health and safety guidance promulgated by the state and develop and post a compliant safety plan. This LawFlash discusses the nature and scope of the New York Forward reopening process, and key provisions from health and safety guidance issued to date.
The Internal Revenue Service (IRS) recently released two pieces of guidance relating to Internal Revenue Code Section 125 plans (cafeteria plans), health reimbursement arrangements (HRAs), and health savings account (HSA) eligibility.
Russia ended the mandatory non-work days introduced to curb the coronavirus (COVID-19) pandemic, initially from 30 March through 3 April with further several extensions through 11 May. However, the end of non-work days does not mean "back to normal." The subjects of the Russian Federation (Russia’s constituencies) must continue to maintain the specific preventive measures depending on the epidemiological situation in a particular territory. In this alert, we address some recent changes introduced in connection with the end of non-work days, with a particular focus on Moscow.
New Jersey Governor Phil Murphy has signed Executive Order 142, which cues the early stages of reopening. New Jersey residents can now hold small in-person gatherings, as well as attend vehicular gatherings or events. Starting May 18, nonessential retail businesses can open, but only for curbside pickup and provided they require infection control practices inside the store. Nonessential construction projects can also resume on May 18.
In recognition of growing concerns regarding the impact of the coronavirus (COVID-19) on the UK economy and the profound social impact of lockdown measures, the government has this week unveiled its strategy for exiting the lockdown alongside detailed sector-specific guidance on how to work safely during the pandemic.
This LawFlash supplements the Latin America Regulatory Landscape Analysis issued on May 5, 2020, and summarizes the legal landscape concerning reductions in force in selected jurisdictions in the region.
The US Department of Labor’s Employee Benefits Security Administration (DOL) and the Internal Revenue Service (IRS) issued guidance last week providing deadline and other relief affecting welfare plans and their sponsors and administrators under the Employee Retirement Income Security Act of 1974, as amended (ERISA) and the Internal Revenue Code of 1986, as amended (Code).
While most companies in France (with the exception of cafés and restaurants, sports halls, theatres, museums, and companies whose activities allow teleworking) will be able to resume their activity from 11 May, employers must now take health and safety measures to ensure the protection of their employees and limit the risks of litigation and criminal proceedings.
In what is likely the first of several CARES Act–related pieces of retirement plan guidance, the Internal Revenue Service recently posted a set of Q&As addressing certain issues and questions related to distributions and loans related to the coronavirus (COVID-19) pandemic under the CARES Act.
The coronavirus (COVID-19) pandemic challenges people, economies, and governments across the globe. This LawFlash highlights the actions affecting employers and employees that the German federal government has taken, or is about to take, to respond to these challenges. The situation is dynamic and should be monitored closely.
In response to the coronavirus (COVID-19) pandemic, the US Department of Labor’s Employee Benefits Security Administration (DOL) issued EBSA Disaster Relief Notice 2020-01 (EBSA Notice 2020-01) on April 28, providing deadline relief and other guidance for employee benefit plans subject to Title I of the Employee Retirement Income Security Act of 1974, as amended (ERISA).
This LawFlash discusses awarding equity grants to newly hired employees as “inducement grants” outside the shareholder approved plan and the pros and cons of making inducement grants.
Morgan Lewis partner Matthew Howse was quoted in a People Management article about the UK government reportedly preparing return to work guidance.
Key issues that UK employers should begin considering now to minimize difficulties as they reopen or expand their operations include reintegrating staff, assessing internal policies in light of the pandemic, testing for the coronavirus (COVID-19), and more.
Morgan Lewis partners Andrew Budreika and Jennifer Breen spoke with Accounting Today about the CARES Act’s Paycheck Protection Program (PPP). In the article, they discussed key considerations for PPP borrowers eligible for loan forgiveness.
As prevention measures against the coronavirus (COVID-19) pandemic bump into the principles and guidelines of the EU General Data Protection Regulations (GDPR), the French Data Protection Authority has reinforced essential rules and good practices for companies to ensure employee personal data protection.
When the UK government’s job retention portal, where UK employers can seek to recover wages of furloughed employees, went live, it received 67,000 claims within 30 minutes. The challenges employers are facing during the coronavirus (COVID-19) pandemic are clear. Amid an evolving situation, we have seen seven iterations of government guidance—sometimes contradictory—on the Job Retention Scheme and additional information from both HM Treasury and Advisory, Conciliation and Arbitration Service.
Following Los Angeles’s lead, San Francisco and San Jose have enacted ordinances requiring certain businesses to provide additional paid leave benefits to employees for coronavirus (COVID-19)-related reasons.
Morgan Lewis partners Sharon Masling and Sarah Bouchard and associate Daniel Kadish authored a Bloomberg Law article about key considerations for employers planning to reopen as jurisdictions ease restrictions regarding the coronavirus (COVID-19) pandemic.
С целью стабилизации экономики в условиях пандемии коронавируса (COVID-19), Правительство Казахстана установило так называемый «поправочный коэффициент» «0» к ставкам налогов и платежей с фонда оплаты труда.
Трудовой кодекс Республики Казахстан от 23 ноября 2015 года № 414-V (далее – «Трудовой кодекс») предоставляет работодателям право на совершение некоторых действий в отношении работников в связи с режимом чрезвычайного положения в стране, который был введен в связи с пандемией коронавируса (COVID-19).
Compensation Committees are addressing whether compensation should be adjusted to reflect the effect of the coronavirus (COVID-19) pandemic on companies’ businesses and how to correlate executive compensation with changing company priorities. Here is how compensation committees can approach this challenge in the coming months.
Morgan Lewis partners and directors of Workplace Culture Consulting Chai Feldblum and Sharon Masling spoke with SHRM about the Equal Employment Opportunity Commission’s (EEOC’s) guidance regarding the Americans with Disabilities Act (ADA) and testing employees for the coronavirus (COVID-19).
Morgan Lewis partners and directors of Workplace Culture Consulting Chai Feldblum and Sharon Masling were quoted in a Law360 article about the Equal Employment Opportunity Commission’s (EEOC’s) latest guidance regarding testing employees for the coronavirus (COVID-19).
President Donald Trump signed a proclamation on April 22 suspending entry into the United States of certain groups of immigrants who would otherwise be eligible to enter the United States as permanent residents. There are a number of significant exceptions to this new policy, including for temporary workers and individuals currently in the United States. Here is what the restrictions mean for employers.
В связи с текущим режимом чрезвычайного положения в стране, Премьер-Министр РК Аскар Мамин подписал Постановление Правительства от 17 апреля 2020 года № 220 «О некоторых вопросах въезда (выезда) в Республике Казахстан и пребывания иммигрантов в Республике Казахстан» о приостановлении действия некоторых норм законодательства, предоставляющих безвизовый режим для граждан определенных государств.
Morgan Lewis partner Mary “Handy” Hevener was quoted in a Wall Street Journal article about the CARES Act’s Paycheck Protection Program (PPP). In the article, she discusses the program and the need for the US Internal Revenue Service to provide clearer guidance on it.
Recent updates from Singapore amid the coronavirus (COVID-19) pandemic include elevated restrictions on what businesses are considered essential, a new facility for more affordable loans for small and medium-sized enterprises, and new research and development work.
Internal Revenue Service (IRS) regulations require that spousal consent to the waiver of a qualified joint and survivor annuity (QJSA) that is necessary to elect an optional retirement payment form must be signed in the “physical presence” of a plan representative or notary—a requirement that is difficult to satisfy in a time of social distancing due to the coronavirus (COVID 19) pandemic.
Employers are facing issues relating to shortages of respirators and non-surgical face coverings. The ever-evolving local, state, and federal regulatory landscape, coupled with these shortages, has sent employers scrambling, and these issues are particularly heightened due to public misconception about the differences between respiratory protection for employees exposed to hazards such as the coronavirus (COVID-19) versus nonmedical face coverings for use by the general public. Employers must carefully track these developments in all jurisdictions where they operate.
Several counties and cities in California are requiring individuals to wear cloth face coverings, including those working in or visiting public-facing essential businesses during the coronavirus (COVID-19) pandemic.
The Occupational Safety and Health Administration has issued a new guidance allowing field offices flexibility in handling COVID-19-related matters, including complaints. The guidance focuses on highly affected industries, such as healthcare and first responders and prioritizes inspections in areas of imminent danger of exposures and fatalities. Enforcement for other industries is likely to shift from primarily on-site inspections to informal complaints and whistleblower actions.
The UK government issued a Direction to HMRC on 15 April and published updated guidance on the Coronavirus Job Retention Scheme on 17 April. Most notable was the amended date that employees must have been on their employer’s payroll to qualify for the scheme, which has been brought forward from 28 February 2020 to 19 March 2020, allowing a larger number of employees to benefit. The Chancellor has also extended the scheme until the end of June 2020 (previously due to terminate on 31 May).
This Insight authored by Morgan Lewis lawyers and published by Bloomberg Law poses 100 questions related to the COVID-19 payroll tax and fringe benefits provisions, which we have been explained in our LawFlashes.
Morgan Lewis partner Philip Miscimarra spoke with Bloomberg Law about how businesses are responding to the coronavirus (COVID-19) pandemic.
The Internal Revenue Service and Pension Benefit Guaranty Corporation have extended the due dates for certain federal returns and payments. Affected filings will now be due on July 15, 2020. Interest, penalties, or additional taxes will not begin accruing until July 16, 2020.
New Jersey amended its Family Leave Act (FLA) on April 14, allowing eligible employees to use family leave to care for a child whose school or daycare is closed because of a public health emergency. The April 14 amendment is the second one in a month and clarified changes to the law that were previously adopted on March 25.
Morgan Lewis partner Reece Hirsch and associate Brian London authored a Law360 article about private investment funds and the California Consumer Privacy Act.
The US Department of Labor’s Occupational Health and Safety Administration (OSHA) released a statement on April 8 reminding employers that they cannot retaliate against workers who report unsafe or unhealthy working conditions during the coronavirus (COVID-19) pandemic.
Governor Phil Murphy signed a suite of new laws on April 14 in response to the coronavirus (COVID-19) pandemic, including an amendment to New Jersey’s WARN Act providing relief to employers that conduct mass layoffs as a result of the current crisis. This law takes effect immediately and is retroactive to March 9, 2020.
As jurisdictions contemplate lifting pandemic-related workplace restrictions, employers must start considering how best to cope with a vast array of issues, including restarting or expanding operations, reintegrating remote-working or furloughed employees, implementing new state and local orders/requirements, and protecting the safety of employees and customers. Employers who proactively plan for these challenges will be best positioned to adapt to the “new normal.”
Following a recent trend, New York Governor Andrew Cuomo has issued two executive orders requiring individuals to wear face coverings when near other people. One order requires all customer/public-facing employees to wear face coverings and requires employers to provide these face coverings at no cost to employees. The other order requires all individuals in a public place to use a mask or face covering.
The joint statement recognizes that while the COVID-19 pandemic offers businesses an opportunity for procompetitive collaboration and benefits, it also increases significant risk of anticompetitive conduct in the labor market. Here are some issues and factors that businesses should consider to mitigate antitrust risk as the Antitrust Division and Federal Trade Commission continue to consider enforcement actions for antitrust violations.
As New Jersey continues to battle the spread of coronavirus (COVID-19), Governor Phil Murphy ordered essential businesses in the state to adopt several measures including mandatory face coverings at worksites, occupancy limits for stores, and frequent handwashing breaks for employees. Employers should pay close attention to these comprehensive and far-reaching—and sometimes confusing—orders that impose affirmative duties and could raise a host of reasonable-accommodations issues.
In response to the coronavirus (COVID-19) pandemic, Russia has introduced non-work days through 30 April 2020 to keep people at home. The non-work days are mandatory for all employers with limited exemptions. On 2 April, President Vladimir Putin authorized the heads of subjects of the Russian Federation (Russia’s constituencies) to provide further exemptions or stricter rules depending on the epidemiological situation in a particular territory. In this alert we address the most recent restrictions introduced by the Mayor of Moscow, including the introduction of digital passes.
Shortly after the announcement that the 2020 Summer Olympics would be delayed until Summer 2021, the Japanese government on April 7 announced a state of emergency for Tokyo and six prefectures (Kanagawa, Saitama, Chiba, Osaka, Hyogo, and Fukuoka) in light of the coronavirus (COVID-19) pandemic. This LawFlash answers key questions about employers’ obligations to their employees during the state of emergency and provides an overview of the government subsidies currently available.
Businesses that avail themselves of financial assistance under Section 4003 or 4116 of the CARES Act must limit compensation and severance paid to certain officers and employees.
The French government has been adopting a series of legal measures in response to the coronavirus (COVID-19) pandemic. The French Parliament voted on a law responding to the epidemic on 23 March (the Bill). In addition to measures relating to the holding of municipal elections and sanctions for breaches of the confinement regime which has been in force since 17 March, the government also took measures that affect French business and legal proceedings before the French courts in a variety of ways.
As the coronavirus (COVID-19) pandemic continues to impact most countries around the world, governments have introduced travel restrictions, temporarily suspended flights, imposed mandatory home isolation measures, and suspended services for some immigration procedures, as well as closed some government agencies. For employers looking to move essential employees globally, and/or repatriate them to their home countries, we’ve compiled a list of current immigration updates to consider.
Employers considering layoffs in the face of the coronavirus (COVID-19) crisis have additional opportunities to support furloughed workers, aside from options offered by the CARES Act.
Loans for US small businesses to keep employees on payroll during business slowdowns resulting from the coronavirus (COVID-19) pandemic became available April 3 under the Paycheck Protection Program. Loan forgiveness may be available if businesses meet certain requirements.
The UK government published updated guidance on the Coronavirus Job Retention Scheme on 4 and 9 April, providing clarity on such issues as which employees can be furloughed, what activities are permissible during furlough leave, and how to calculate furlough payments. However, the government has yet to clarify formally how annual leave will operate with respect to furloughed employees.
In three new Unemployment Insurance Program Letters, the US Department of Labor (DOL) issued guidance to state workforce agencies to implement the unemployment provisions in the CARES Act. The guidance has several important aspects for employers.
As the number of coronavirus (COVID-19) infections has diminished in the People’s Republic of China (PRC), everyday life has been evolving slowly to bring employers and employees closer to the pre-COVID-19 working environment. However, schools still remain closed (with no official date set for their reopening) and large public gatherings are still prohibited. That said, while the PRC government has eased the overall pandemic prevention and control measures, employers should be aware of many new regulations at both the national and local levels to address the myriad employment issues that have arisen.
The Families First Coronavirus Response Act imposes a mandate on all employers with fewer than 500 employees, and on all federal and state employers, to provide emergency paid sick leave and emergency paid FMLA leave to employees who need leave for reasons connected to the coronavirus (COVID-19) public health emergency. Employers (other than federal and state employers) will receive a tax credit equal to 100% of the money they spend on the paid leave mandated under the law. The law is in effect from April 1, 2020 until December 31, 2020.
The French government has recently published a large number of texts and recommendations to help deal with the coronavirus (COVID-19) pandemic. This guide brings together the various texts and recommendations published in the field of social law in order to give companies an overview of the mechanisms available to them.
The court held in an April 1 ruling that an employer’s purported nonaccrual, “unlimited” paid vacation policy violated California Law, but left many questions unsettled. Employers with “unlimited” vacation policies should promptly review their policies to ensure compliance, and should also assess how their policies interact with other types of leave, such as those granted by Congress recently in response to the coronavirus (COVID-19) crisis.
New Jersey has enacted an expansion of the state’s Earned Sick Leave and Temporary Disability Benefits (including Family Temporary Disability Benefits) for situations related to the coronavirus (COVID-19) as well as other public health emergencies as determined by the public health authorities and/or when the governor declares a state of emergency. This Act is effective immediately.
With broad bipartisan support, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or Act), signed into law by the president on March 27, provides a $2 trillion economic stimulus and contains numerous and significant retirement plan, health plan, and payroll tax and fringe benefit changes to help businesses and individuals.
In response to the coronavirus (COVID-19) pandemic, on April 1, US Citizenship and Immigration Services confirmed that its offices would remain closed to the public until at least May 3.
As local jurisdictions attempt to slow the spread of the coronavirus (COVID-19) and “flatten the curve,” several Northern and Central California counties have updated their existing shelter-in-place orders to impose more restrictions on employers and company operations. Employers should immediately prepare for compliance with the new protocols, some of which take effect on April 2.
The Los Angeles City Council held an emergency meeting on March 27 in response to the coronavirus (COVID-19) crisis and approved several ordinances, including one pertaining to sick leave and another relating to retail and delivery workers. The council tabled two controversial proposals that would subject employers to various obligations to retain and recall employees during and after the COVID-19 threat period.
US Citizenship and Immigration Services (USCIS) issued a statement on March 13, 2020, clarifying that receipt of any treatment or preventive services related to the coronavirus (COVID-19) will not negatively affect an individual as part of a future Public Charge Rule analysis. This alert answers several frequently asked questions on how the receipt of COVID-19-related services will be considered under the new rule.
The UK Home Office on 30 March temporarily relaxed the right to work check requirements for employers due to the coronavirus (COVID-19) outbreak.
In updated guidance to the Coronavirus Job Retention Scheme announced March 20, the UK government gives employers much needed clarity about how the scheme will work in practice, as well as details on the permitted carryover of annual leave.
President Vladimir Putin called on people living in Russia to stay at home from 28 March-5 April and announced non-work days from 30 March-3 April in response to the coronavirus (COVID-19) pandemic.
The US Department of Labor (DOL) issued additional frequently asked questions on March 27 to explain how the recently enacted Emergency Paid Sick Leave Act and the Emergency Family Medical Leave Expansion Act (Emergency FMLA) will work in various situations during the coronavirus (COVID-19) crisis.
In response to the coronavirus (COVID-19) pandemic, US Citizenship and Immigration Services (USCIS) on March 25, 2020, extended suspension of routine in-person services until at least April 7, 2020. USCIS had previously announced it would temporarily close its domestic field offices and asylum offices to the public from March 18 until April 1.
Due to Coronavirus (COVID-19) pandemic, US Citizenship and Immigration Services (USCIS) announced today that applicants and petitioners who receive a Request of Evidence (RFE) or Notice of Intent to Deny (NOID) dated between March 1, 2020, and May 1, 2020, will receive an additional 60 calendar days after the response deadline set forth in the RFE or NOID notice to submit a response before any action is taken.
Here are some frequently asked questions to help employers understand the legal ramifications of furloughs and terminations of H-1B workers in light of the coronavirus (COVID-19) outbreak.
The Families First Coronavirus Response Act imposes a mandate on all employers with fewer than 500 employees, and on all federal and state employers, to provide paid time off to employees who need leave for reasons connected to the public health emergency.
Widely expected to pass both houses of the US Congress by March 27, and to be signed into law by the president, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) lays out a $2 trillion economic stimulus, including over $300 million in emergency supplemental appropriations. This is a high-level summary of key portions of the bill.
All IRA owners have until July 15, 2020 to make IRA contributions for 2019 and pay early distribution penalties for 2019, but a few questions remain on deadlines and reporting for IRA providers.
During the economic upheaval caused by coronavirus (COVID-19), defined contribution plan participants (i.e., participants in 401(k) plans, 403(b) plans, etc.) may look to their plan account balances to alleviate financial challenges.
The UK Home Office has issued further guidance for individuals who are currently in the United Kingdom and unable to return to their home countries due to the coronavirus (COVID-19), as well as for individuals applying for UK visas outside the UK.
Recent updates include temporary travel restrictions for land ports of entry to the United States, temporary restrictions on nonessential travel to Canada, and similar restrictions on entry into Mexico. These restrictions may be expanded at any time.
Employers with self-insured health plans may be thinking about making coronavirus (COVID 19)-related changes, such as waiving the patient responsibility portion of the charge for a hospital stay that is related to COVID-19. If there is stop loss insurance, it is important to consider the implications of a plan design change.
In light of the coronavirus (COVID-19) pandemic, here are some questions for employers to consider with regard to Form I-9 compliance.
For UK employers, the most relevant changes under the 12 March announcement relate to the EU Settlement Scheme, indefinite leave to remain, youth mobility scheme, and immigration health surcharge increases.
Our employee benefits and executive compensation practice is available to help employers evaluate and troubleshoot potential issues arising from the changing work environment and economic situation caused by the COVID-19 pandemic.
The US Department of Homeland Security will defer the physical presence requirements for Form I-9 completion for employers and workplaces that are operating remotely and permit virtual review, which must be timely. In-person verification must occur within three days of return to worksite or the end of the national emergency.
New Jersey Governor Phil Murphy on March 21 signed Executive Orders 107 and 108, which took effect at 9:00 pm the same day. Executive Order 107 mandates that all residents remain home unless performing certain delineated activities; orders the closure of brick-and-mortar retail locations of all non-essential businesses; and instructs all businesses and nonprofits—even those deemed essential—to implement telework or work-from-home options for employees, to the extent practicable.
In response to the coronavirus (COVID-19), the US Department of Labor’s (DOL’s) chief administrative law judge (ALJ) issued an administrative order on March 19 clarifying the status of matters pending before the DOL’s Office of Administrative Law Judges (OALJ).
The Families First Coronavirus Response Act (Act), signed into law Wednesday, requires group health plans to provide coverage for coronavirus (COVID-19) diagnostic testing, including the cost of healthcare provider visits (as well as telehealth visits), urgent care center visits, and emergency room visits in order to receive testing. Coverage must be provided at no cost-sharing to participants.
In addition to the federal government action to provide paid leave to workers impacted by the coronavirus (COVID-19) outbreak, numerous states and local governments have proposed, and in a few cases enacted, additional leave laws that would also benefit impacted workers.
Consular sections of US embassies around the world, as well as US Citizenship and Immigration Services, are beginning to announce cancellations of certain in-person services, including routine nonimmigrant and immigrant visa appointments, in response to the coronavirus (COVID-19) pandemic.
The coronavirus (COVID-19) outbreak has urged the Russian authorities to take immediate steps to respond to the pandemic. The rules apply to every employer in Russia, whether a governmental agency or a company, or a branch or representative office of a company, including foreign companies. We summarize some of them below.
The New Jersey Department of Labor & Workforce Development (NJDOL) has issued guidance for employees on navigating coronavirus (COVID-19) issues using benefits already available statewide, which the NJDOL touts as “among the most comprehensive… in the country, [and] which cover all employees.”
As countries grapple with the spread of the coronavirus (COVID-19) pandemic, recent international travel restrictions have been put in place around the world, including in Europe, Canada, India, and Australia. This LawFlash covers the latest travel impacts in those areas and discusses visa and other considerations for international travelers, employers, and employees.
In responding to the coronavirus (COVID-19) pandemic, the mantra of “working together” is heard often. But as businesses confront sudden and extensive demand and supply disruptions—and a range of sometimes conflicting information and guidance from the public sector about the health crisis—questions inevitably arise about the extent to which the private sector can coordinate its responses consistent with the antitrust laws.
As countries grapple with the spread of the coronavirus (COVID-19) pandemic, recent international travel restrictions have been put in place around the world, including in Europe, Canada, India, and Australia. This LawFlash covers the latest travel impacts in those areas and discusses visa and other considerations for international travelers, employers, and employees.
As the coronavirus (COVID-19) continues to spread in the United Kingdom, employers must ensure that they remain compliant with current employment and data protection laws in dealing with the myriad of issues that may arise, and keep up to date with UK government information and recommendations as the situation changes daily.
President Donald Trump expanded the ban on March 14 on US admissions to include all individuals who have traveled to the United Kingdom and/or Ireland during the 14-day period preceding their anticipated entry to the country. The new restrictions are slated to take effect at midnight (EST) on Monday, March 16.
The French government has enabled expedited procedures for employers to facilitate partial unemployment during the coronavirus (COVID-19) outbreak and has slightly increased the hourly employment allowance.
In an effort to contain the spread of coronavirus (COVID-19), US President Donald Trump announced on March 11 that entry into the United States has been suspended for all individuals who were physically present in the Schengen area—comprising 26 European states—during the 14-day period preceding their anticipated entry into the country. This travel restriction, which is slated to remain in place for an initial 30-day period, will take effect at 11:59 pm ET on March 13. Passengers on flights that departed prior to this date and time will not be subject to the suspension. The suspension will be applied at all US ports of entry, including land and sea ports.
The IRS issued guidance on March 11 that clears the way for employers to offer employees covered by a high-deductible health plan (HDHP) testing and treatment for the 2019 Novel Coronavirus (COVID-19) with no deductible or at a lower deductible.
The Centers for Medicare & Medicaid Services (CMS) continues to issue frequent guidance to the healthcare industry, including guidance after receiving questions on fulfilling Emergency Medical Treatment and Labor Act screening obligations by hospitals and critical access hospitals while minimizing the risk of exposure from COVID-19 patients.
Introduced as part of the reforms under the Good Work Plan, amendments to Section 1 of the UK’s Employment Rights Act 1996 will impose new obligations on employers in the provision of written statements of particulars of employment. Employers should review and update their standard employment contracts to ensure compliance with these new requirements.
As employers prepare plans to handle possible alternate employee work arrangements in light of the 2019 Novel Coronavirus outbreak, it is important to keep in mind how these plans and policies—including telework policies—may affect foreign national employees working pursuant to US work visas.
The French government recently published a Q&A document in response to concerns about the 2019 Novel Coronavirus, detailing the steps that companies must take if an employee is infected or returns from a risk area and is placed in isolation, or if a company has to reduce its activities.
A blog post authored by Morgan Lewis partner Michelle McCarthy and of counsel Saghi Fattahian was cited in an HR Daily Advisor article about the 2019 Novel Coronavirus (COVID-19) and HIPAA compliance.
Since the 2019 Novel Coronavirus (COVID-19) was first detected in December, the death toll has continued to rise as the virus quickly spreads. Centers for Disease Control (CDC) officials have stated that while the immediate risk of the virus to the American public is believed to be low at this time, US employers should more closely consider employee safety and ways to address disease prevention in the workplace.
The UK government has published a policy paper detailing its new points-based immigration system, as well as updates on right to work checks for EEA nationals and guidance for individuals unable to return to China from the United Kingdom due to the 2019 Novel Coronavirus outbreak.
As employers in the People’s Republic of China have proceeded or attempted to resume operations since the end of the extended Spring Festival period in early February, they have faced various preapproval and filing requirements imposed by local governments based on several epidemic prevention and control measures implemented to control the spread of the 2019 Novel Coronavirus.
The Singapore government has introduced additional control measures to minimize the risk of further transmission of the 2019 Novel Coronavirus in the community. Employers in Singapore must take proactive steps within the legal boundaries to ensure the workforce remains safe and productive and to minimize disruption to operations.
With the situation surrounding the 2019 Novel Coronavirus (COVID-19) rapidly changing, multinational companies with operations in Hong Kong should be aware of how to handle challenging employment issues during this time. This LawFlash provides insight based on existing laws and legislation in Hong Kong, including previous guidelines issued by the Hong Kong Labour Department on labor-related matters arising from the Severe Acute Respiratory Syndrome (SARS) outbreak in 2003. Companies with employees in Hong Kong should consult this guidance in responding to COVID-19.
In the changing employment environment surrounding the current outbreak of the 2019 Novel Coronavirus (COVID-19) in the People’s Republic of China (PRC), salary payment standards are governed by local rules and emergency measures. This LawFlash provides a summary of the different standards as of February 3.
The outbreak of the 2019 Novel Coronavirus (COVID-19) has created a number of questions and compliance challenges for employers in the United States as well as across the globe. This is a fluid and rapidly changing situation.
This Lawflash provides multinational companies with operations in the People’s Republic of China (PRC) with some guidance on how to handle the challenging employment issues during this time.
The Environmental Protection Agency will expedite review of certain types of applications for new and amended registrations of pesticide products intended for use against the coronavirus (COVID-19).
As part of the EPA’s recent efforts to advance its Per- and Polyfluoroalkyl Substances (PFAS) Action Plan (PFAS Action Plan), the EPA announced on February 20 its preliminary determination to regulate perfluoroctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) in drinking water. Following review of the comments submitted by the June 10 deadline, EPA will make a final determination whether to regulate PFOA and PFOS under the Safe Drinking Water Act (SWDA). Meanwhile, many states continue to move ahead with issuing their own regulations governing PFAS.
With demand for disinfectants heightened during the coronavirus (COVID-19) pandemic, the EPA has committed to strictly enforcing the registration requirements for pesticide disinfectant products. In a recent example, the agency seized an illegal shipment of unregistered disinfectant products at two California airports.
The US Environmental Protection Agency issued a revised temporary amendment to ensure that pesticide disinfectant products remain available during the coronavirus (COVID-19) pandemic by taking measures to address supply chain disruptions.
The US Environmental Protection Agency (EPA) has released additional interim guidance for field work decisions at cleanup sites under EPA authority, emphasizing its commitment to ensuring the health and safety of the public, its staff, and others performing work at the sites. In its guidance, the EPA provides principles to consider when evaluating whether to proceed with or pause field work related to Superfund (CERCLA) cleanups, Resource Conservation and Recovery Act (RCRA) corrective actions, Toxic Substance and Control Act PCB cleanups, Oil Pollution Act spill responses, and Underground Storage Tank Program actions.
Morgan Lewis partner Stephanie Feingold spoke with Bloomberg Law about the US Environmental Protection Agency’s (EPA) decision to reduce or suspend some Superfund site cleanup work in response to the coronavirus (COVID-19) pandemic.
As the coronavirus (COVID-19) pandemic continues, state government agencies are increasingly responding with closures and cancellations. In Pennsylvania, the Department of Environmental Protection recently cancelled seven highly anticipated public hearings.
The Coronavirus Air, Relief, and Economic Security (CARES) Act signed into law on March 27 includes an allocation of $200 million to the Federal Communications Commission (FCC) to support telehealth services and $125 million to the US Department of Agriculture’s Rural Utilities Service to expand its existing distance learning, telehealth, and broadband initiative.
The US Environmental Protection Agency announced a temporary policy regarding its enforcement of certain environmental legal obligations in an effort to protect workers and the public from exposure to the coronavirus (COVID-19).
The rapidly evolving coronavirus (COVID-19) crisis has given rise to several immediate impacts to ongoing cleanups of contaminated sites under state and federal environmental laws.
In response to heightened Freedom of Information Act (FOIA) activity since 2012, federal agencies have increased their FOIA staff by 21%. This staffing increase has contributed to a nearly 70% surge in federal government spending on FOIA-related expenses. But with the coronavirus (COVID-19) pandemic causing FOIA staff to telework at most federal agencies, many FOIA requesters are left wondering how COVID-19 will affect their information-gathering efforts. For now, the answer seems to be that the FOIA process—including the timing of most agency responses—will generally be unaffected.
The virus that causes the coronavirus (COVID-19) disease is highly susceptible to standard treatment and disinfectant processes practiced by the nation’s public water systems. All current evidence suggests that these standard disinfection processes can remove and/or inactivate the COVID-19 virus before it contaminates drinking water. As a result, “[the US Environmental Protection Agency] recommends that Americans continue to use and drink tap water as usual.”
The US Environmental Protection Agency (EPA) recently released a new list of disinfectants that can be used against the virus that causes the coronavirus (COVID-19) disease.
Coronavirus COVID-19 – Government Action – June 12, 2020
Coronavirus COVID-19 – Government Action – June 11, 2020
Coronavirus COVID-19 – Government Action – June 10, 2020
Coronavirus COVID-19 – Government Action – June 9, 2020
Coronavirus COVID-19 – Government Action – June 8, 2020
Coronavirus COVID-19 – Government Action – June 5, 2020
Coronavirus COVID-19 – Government Action – June 4, 2020
Coronavirus COVID-19 – Government Action – June 3, 2020
Coronavirus COVID-19 – Government Action – June 2, 2020
Coronavirus COVID-19 – Government Action – June 1, 2020
Coronavirus COVID-19 – Government Action – May 29, 2020
Coronavirus COVID-19 – Government Action – May 28, 2020
Coronavirus COVID-19 – Government Action – May 27, 2020
Coronavirus COVID-19 – Government Action – May 26, 2020
Coronavirus COVID-19 – Government Action – May 22, 2020
Coronavirus COVID-19 – Government Action – May 21, 2020
Coronavirus COVID-19 – Government Action – May 20, 2020
Coronavirus COVID-19 – Government Action – May 19, 2020
Coronavirus COVID-19 – Government Action – May 18, 2020
Coronavirus COVID-19 – Government Action – May 15, 2020
Federal Appeals Court Affirms Injunction Against SBA Imposition of PPP Eligibility Requirements
CDC Information on Multisystem Inflammatory Syndrome in Children (MIS-C) Associated with COVID-19
CDC Interim Guidance for General Population Disaster Shelters During Pandemic
FCC Announces Over 750 Broadband and Telephone Providers Extend Keep Americans Connected Pledge
FCC Extends Temporary Waivers for Relay Services Rules During Pandemic
NIH Begins Clinical Trial of Hydroxychloroquine and Azithromycin to Treat COVID-19
HHS to Award $5 Million for Health Services Research Related to COVID-19
Federal Reserve Board Issues Report on Economic Well-Being of US Households
Coronavirus COVID-19 – Government Action – May 14, 2020
Remarks by President Trump in Meeting with Colorado and North Dakota Governors
President Trump Is Committed to Providing Support to Underserved Communities Impacted by Pandemic
US Food and Drug Administration Daily Roundup COVID-19 Update
CMS Issues Nursing Homes Best Practices Toolkit to Combat COVID-19
FEMA COVID-19 Pandemic: Alternate Care Site ‘Warm Sites’
HHS Awards $15 Million to Support Telehealth Providers During Pandemic
SBA Paycheck Protection Program Loans
SBA Business Loan Program Temporary Changes; Paycheck Protection Program – Loan Increases
Safer at Home Public Order Under City of Los Angeles Emergency Authority Revised May 13, 2020
US Labor Department Issues Alert to Help Keep Retail Pharmacy Workers Safe During Pandemic
US Labor Department Issues Alert for Rideshare, Taxi, and Car Service Safety During Pandemic
US Labor Department Reports Nearly 3 Million Additional Americans Filed for Unemployment Last Week
Coronavirus COVID-19 – Government Action – May 13, 2020
Press Briefing by White House Press Secretary Kayleigh McEnany
US Food and Drug Administration Daily COVID-19 Roundup
Colorado Governor Updates Timeline for Decision Making Under ‘Safer at Home’ Phase
New Jersey Governor Announces Expanded Testing Capacity and Robust Contact Tracing Plan
Georgia Governor Issues Executive Order on ‘Reviving a Healthy Georgia’
Louisiana Governor Announces Stay-at-Home Order to Be Lifted on May 15
Missouri Governor Highlights Economic Recovery as Part of ‘Show Me Strong’ Recovery Plan
Directors have significant ongoing duties towards the company they lead, including taking the changing factual landscape into account. This should include learning lessons from the recent disruption of global supply chains.
A group of hospitality policyholders failed in their attempt to obtain cover under a business interruption policy as it was determined, in an ad hoc arbitration, that the UK central government did not constitute “a competent local authority.”
The UK Supreme Court issued a policyholder-friendly decision earlier this year on the Financial Conduct Authority’s business interruption test case. The judgment will apply to policyholders’ claims on a case-by-case basis.
This LawFlash is the second in a series following the judgment in the FCA’s Business Interruption Test Case. Previously we have discussed the “insured peril” under business interruption (BI) insurance policies, and the interconnected issues of causation and the “Trend Clause.”
The eagerly anticipated judgment of Lord Justice Flaux and Mr. Justice Butcher in the Financial Conduct Authority’s (FCA’s) test case in relation to cover afforded under various business interruption wordings has now been handed down and the ramifications of the judgment will begin.
The Financial Conduct Authority (FCA) has challenged eight insurers in a business interruption insurance test case in order to seek coverage for insureds. The UK’s financial services industry regulator is taking an adversarial stance in order to determine whether 17 different policy wordings can provide cover for businesses across the country, in the hope this will provide a level of certainty at this difficult time for businesses.
The US Judicial Panel on Multidistrict Litigation on August 12 denied certain plaintiffs’ motions to centralize lawsuits brought by businesses seeking insurance coverage for coronavirus (COVID-19) losses. In rejecting complete centralization, the panel ruled that there are “very few common questions of fact, which are outweighed by the substantial convenience and efficiency challenges posed by managing a litigation involving the entire insurance industry.” Here is what the ruling means for policyholders.
The Internal Revenue Service (IRS) recently released new guidance in IRS Notice 2020-50 and Notice 2020-51 to help owners and beneficiaries of individual retirement accounts and individual retirement annuities (IRAs) and IRA providers navigate the relief provided under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
Through the High Court test case, the UK Financial Conduct authority hopes to obtain legal clarity on business interruption insurance during the coronavirus (COVID-19) pandemic.
Companies with coronavirus (COVID-19)-related losses and legacy liabilities may appreciate significant additional tax benefits from funding those legacy liabilities through a captive insurer before the end of this year. Companies looking to procure insurance to cover losses from the next infectious disease outbreak should explore the many benefits of insuring such risk with a captive.
The UK Financial Conduct Authority (FCA) on May 15 invited policyholders of business interruption (BI) insurance that have been affected by the coronavirus (COVID-19) pandemic, and have had a claim under their insurance policy rejected by their insurer, to get in touch so that their arguments may be taken into account as part of the FCA’s plan to seek the court’s views on certain policy wordings by commencing a test case in the English High Court.
Morgan Lewis partner Gerald “Jay” Konkel spoke with The Insurer about coronavirus (COVID-19) pandemic-related business interruption (BI) litigation.
Companies with substantial business interruption losses related to the coronavirus (COVID-19) pandemic must take immediate, concrete steps now to preserve their ability to pursue recoveries from insurance and/or financial relief from future governmental programs.
Following in the footsteps of several state legislatures, the Council of the District of Columbia plans to consider on May 5 draft legislation that would require insurers to provide coverage for business interruption losses resulting directly or indirectly from the coronavirus (COVID-19) public health emergency.
During the coronavirus (COVID-19) pandemic, it is important for policyholders to remember that key insurance principles, including the principle of aggregation in the United Kingdom, could make a significant difference to any claim on their policies.
Morgan Lewis partners Scott Fischer and Ben Cordiano authored an Insurance Day article about the regulatory actions that state insurance regulators have taken in response to the coronavirus (COVID-19) pandemic.
Key issues that UK employers should begin considering now to minimize difficulties as they reopen or expand their operations include reintegrating staff, assessing internal policies in light of the pandemic, testing for the coronavirus (COVID-19), and more.
The Pennsylvania Senate on April 15 introduced robust business interruption loss coverage legislation in the form of its proposed COVID-19 Insurance Relief Act (General Assembly Senate Bill 1114). This LawFlash provides an overview of Senate Bill 1114 and its potential impact on how insurers are required to cover COVID-19-related business interruption losses in the state.
Employers are facing issues relating to shortages of respirators and non-surgical face coverings. The ever-evolving local, state, and federal regulatory landscape, coupled with these shortages, has sent employers scrambling, and these issues are particularly heightened due to public misconception about the differences between respiratory protection for employees exposed to hazards such as the coronavirus (COVID-19) versus nonmedical face coverings for use by the general public. Employers must carefully track these developments in all jurisdictions where they operate.
As the coronavirus (COVID-19) pandemic evolves, governmental executive and legislative authorities are taking actions in the form of emergency declarations and proposed legislation that could improve a company’s ability to mitigate business income losses by maximizing its insurance recovery. Keeping an eye on these developments and documenting your losses accordingly could make all the difference.
The Occupational Safety and Health Administration has issued a new guidance allowing field offices flexibility in handling COVID-19-related matters, including complaints. The guidance focuses on highly affected industries, such as healthcare and first responders and prioritizes inspections in areas of imminent danger of exposures and fatalities. Enforcement for other industries is likely to shift from primarily on-site inspections to informal complaints and whistleblower actions.
The UK government issued a Direction to HMRC on 15 April and published updated guidance on the Coronavirus Job Retention Scheme on 17 April. Most notable was the amended date that employees must have been on their employer’s payroll to qualify for the scheme, which has been brought forward from 28 February 2020 to 19 March 2020, allowing a larger number of employees to benefit. The Chancellor has also extended the scheme until the end of June 2020 (previously due to terminate on 31 May).
Insurance regulators across the country have enacted emergency regulations, issued administrative guidance, and requested carriers to take certain actions to try to address the financial impact of the coronavirus (COVID-19) pandemic on individuals and businesses. Requirements imposed on or requested of health insurers to expand access to telehealth and eliminate or limit prior authorization or concurrent review have been widely reported, but there have been numerous other industry-wide actions. And, some state legislators have introduced bills to expand the scope of coverage to ameliorate the impact of the pandemic on insureds.
Morgan Lewis partners Scott Fischer and Jay Konkel spoke with Law360 about proposed federal reinsurance program for coronavirus (COVID-19) pandemic risks.
As jurisdictions contemplate lifting pandemic-related workplace restrictions, employers must start considering how best to cope with a vast array of issues, including restarting or expanding operations, reintegrating remote-working or furloughed employees, implementing new state and local orders/requirements, and protecting the safety of employees and customers. Employers who proactively plan for these challenges will be best positioned to adapt to the “new normal.”
The US Departments of Labor, Health and Human Services, and the Treasury (Departments) issued a set of 14 frequently asked questions (FAQs) on April 11. The FAQs are intended to offer guidance on the application and implementation of the Families First Coronavirus Response Act (FFCRA), the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), and other health coverage issues related to the coronavirus (COVID-19).
For companies forced to postpone or cancel live events during the coronavirus (COVID-19) pandemic, event cancellation insurance may serve as a way to protect assets and mitigate losses.
As the outbreak of the coronavirus (COVID-19) continues, the Monetary Authority of Singapore has introduced a number of initiatives to assist Singapore financial institutions in supporting their customers. This LawFlash provides an overview of the MAS relief initiatives.
The coronavirus (COVID-19) pandemic in France has led to travel bans and restrictions, including the quarantine of individuals. These measures have disrupted many businesses’ supply chains and operations, including factory and store closures.
As the coronavirus (COVID-19) pandemic continues to evolve, regulatory and legislative authorities are taking actions, in the form of directives and orders, that could directly impact companies’ business interruption coverage. Careful review of insurance policies and insurers’ responses in light of these actions, as well as monitoring of regulatory and legislative developments, will be critical in preserving companies’ rights to coverage for COVID-19 losses.
Employers with self-insured health plans may be thinking about making coronavirus (COVID 19)-related changes, such as waiving the patient responsibility portion of the charge for a hospital stay that is related to COVID-19. If there is stop loss insurance, it is important to consider the implications of a plan design change.
The Families First Coronavirus Response Act (Act), signed into law Wednesday, requires group health plans to provide coverage for coronavirus (COVID-19) diagnostic testing, including the cost of healthcare provider visits (as well as telehealth visits), urgent care center visits, and emergency room visits in order to receive testing. Coverage must be provided at no cost-sharing to participants.
The coronavirus (COVID-19) pandemic is historic, fast-moving, and constantly evolving. While the most immediate concerns involve the public health and restoring business operations to normalcy, certain steps may be necessary in the near term to protect your insurance assets, which may help mitigate financial losses.
With significant business disruptions occurring as a result of coronavirus (COVID-19), companies should consider how insurance coverage, including business interruption, supply chain, and event cancellation coverage, can help mitigate losses.
Morgan Lewis partner Michael Abernathy spoke with Business Insurance for an article about the pharmaceutical industry’s efforts to produce a COVID-19 vaccine.
The USPTO on May 27 made further accommodations for small and micro entities affected by the coronavirus (COVID-19) pandemic. For these entities, patent filings that would have been deemed timely filed by June 1 under previous PTO COVID-19 extensions will now be timely if filed by July 1, 2020. Large entities may seek relief after May 31, 2020 on a case-by-case basis upon petition for an extension of time or to revive along with payment of any fee that may be required. For all entities, a statement that the delay in filing (or payment) was due to the COVID-19 outbreak, as required in previous notices, is still required.
While artificial intelligence promises to be useful in responding to the coronavirus (COVID-19) pandemic, companies should be aware of potential copyright considerations.
The US Patent and Trademark Office (USPTO) on May 8 announced a new COVID-19 Prioritized Examination Pilot Program (Pilot Program), under which eligible small and micro entities will receive prioritized examination without payment of the additional fees for prioritized examination. As such, eligible small and micro entities will save $2,000 and $1,000, respectively, when making a request for prioritized examination under the new Pilot Program.
Underscoring the significance of utilizing intellectual property (IP) in the ongoing fight against the coronavirus (COVID-19), the US Patent and Trademark Office (USPTO) on Monday publicly unveiled a new online database that acts as a patent “marketplace” aimed at facilitating the voluntary licensing and commercialization of key technologies related to the prevention, diagnosis, and treatment of COVID-19.
Morgan Lewis partner Eric Namrow spoke with Bloomberg Law about the coronavirus (COVID-19) pandemic’s impact on US International Trade Commission (ITC) hearing cases. In the article, he discussed the limited flexibility in the ITC’s schedule and the possibility of virtual hearings.
As the federal government seeks innovative solutions from a broader group of suppliers to respond to the coronavirus (COVID-19) pandemic, new or nontraditional contractors will want to familiarize themselves with the intellectual property rights associated with different contracting vehicles and circumstances.
The Director of the US Patent and Trademark Office and the Acting Register of the US Copyright Office have now taken action pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to provide relief from certain deadlines.
Given the number of employees and independent contractors working remotely, it is a good time for companies to reassess their trade secret policies and remind all personnel of their obligations to maintain and protect the confidentiality of company information.
With each passing day, more US companies are voluntarily rising to answer the president’s call to manufacture face masks, ventilators, and other critical coronavirus (COVID-19) protective equipment, but without a government contract, they may not be exempt from patent infringement liability.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act, the historic $2.2 trillion fiscal stimulus bill signed into law on March 27, authorizes the US Patent and Trademark Office and US Copyright Office to extend statutory deadlines in response to the coronavirus pandemic.
Partner Roger Joseph spoke to Fund Directions about some of the challenges ahead for fund-industry directors in 2022, including combating virtual meeting fatigue, increasing board diversity, and dealing with major changes in the regulation of derivatives and valuations.
Morgan Lewis partner Roger Joseph spoke with Fund Directions for an article about virtual board meetings amid the coronavirus (COVID-19) pandemic.
The US Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) published a Risk Alert on August 12 highlighting compliance considerations created by the coronavirus (COVID-19) pandemic for SEC-registered investment advisers and broker-dealers (Firms). This LawFlash highlights the areas of focus in the Risk Alert and provides a checklist of considerations and actions to assist Firms in addressing COVID-19-related compliance issues.
Morgan Lewis partner Christine Lombardo was quoted in an article by Financial Advisor after the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a Risk Alert to advisors and brokers about practices that may not comply with the agency’s rules.
The European Commission recently launched a consultation on a proposal that would allow investment firms to rebundle payments for research on small- and mid-cap issuers and fixed income instruments, to aid in the recovery from the COVID-19 pandemic and to mitigate the decline in research coverage of those sectors caused by unbundling as observed prior to the pandemic’s onset.
This alert provides a summary of the announcement (Announcement) issued by the Kanto Local Finance Bureau (KLFB) at the beginning of August 2020. Responding to the Japanese government’s “Report concerning Promotion of Regulatory Reform,” the Financial Services Agency (FSA) announced on July 17, 2020 the FSA’s temporary treatment for applications or notifications given the circumstances of the continuing coronavirus (COVID-19) pandemic.
The Internal Revenue Service (IRS) recently released new guidance in IRS Notice 2020-50 and Notice 2020-51 to help owners and beneficiaries of individual retirement accounts and individual retirement annuities (IRAs) and IRA providers navigate the relief provided under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
The US Commodity Futures Trading Commission has approved an interim final rule extending the Phase 5 initial margin compliance deadline for uncleared swaps by one year.
New formal guidance from the Internal Revenue Service (IRS) extends the deadline for providers of individual retirement accounts and individual retirement annuities (IRAs) to file Form 5498 in response to the coronavirus (COVID-19) pandemic.
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and recent formal and informal guidance from the Internal Revenue Service (IRS) provide important 2020 relief for owners and beneficiaries of individual retirement accounts and individual retirement annuities (IRAs) and IRA providers in response to the coronavirus (COVID-19) pandemic.
The UK Financial Conduct Authority (FCA) on May 15 invited policyholders of business interruption (BI) insurance that have been affected by the coronavirus (COVID-19) pandemic, and have had a claim under their insurance policy rejected by their insurer, to get in touch so that their arguments may be taken into account as part of the FCA’s plan to seek the court’s views on certain policy wordings by commencing a test case in the English High Court.
Federal and state regulators and Congress continue to release new guidance and requirements to assist mortgage borrowers facing economic hardships resulting from the coronavirus (COVID-19) pandemic. Due to the high volume of borrower requests, the associated burden on servicers, and the unknown duration of the COVID-19 pandemic, it is critical for servicers to be in compliance with all forbearance-related requirements and to be responsive to borrower communications and inquiries.
The widespread economic disruption precipitated by the coronavirus (COVID-19) global pandemic and oil price volatility has caused debt portfolios to come under scrutiny and fund sponsors and investors to consider opportunities in the marketplace. Many asset managers are forming funds focused on liquid credit opportunities, secondary portfolio purchases and, as with the expansion of nonbank lending after the 2008 global financial crisis, providing customized solutions to distressed and other borrowers that are either unable or unwilling to borrow from traditional banks. In addition, certain existing funds are extending their offering periods and modifying their investment strategies to capture the opportunity.
Evidence is growing of a hardening of French public policy regarding the need for political control of acquisitions of French companies and other foreign direct investment (FDI) transactions.
This LawFlash discusses awarding equity grants to newly hired employees as “inducement grants” outside the shareholder approved plan and the pros and cons of making inducement grants.
The Malaysia Securities Commission (SC) announced on April 28 that flexibility will be granted for businesses issuing convertible notes to venture capital (VC) and private equity (PE) firms registered with the SC.
The US Securities and Exchange Commission, the Financial Industry Regulatory Authority, and state securities regulators recognize the significant impact of the coronavirus (COVID-19) pandemic on broker-dealers, investors, and other stakeholders, and have provided important guidance and relief to broker-dealers on how to meet some of these challenges.
As the outbreak of the coronavirus (COVID-19) continues, the Monetary Authority of Singapore has introduced a number of initiatives to assist Singapore financial institutions in supporting their customers. This LawFlash provides an overview of the MAS relief initiatives.
This alert reviews the impact of the Government of Japan’s recent state of emergency declaration due to the coronavirus (COVID-19) global pandemic on the practices of the Kanto Local Finance Bureau, which has switched to rotating shift work resulting in the anticipation of longer filing times.
The US Securities and Exchange Commission, Financial Industry Regulatory Authority, Commodity Futures Trading Commission, and National Futures Association have each announced temporary regulatory relief for market participants whose operations may be affected by the coronavirus (COVID-19) pandemic.
To help address market participants in the face of the coronavirus (COVID-19) crisis, the Basel Committee on Banking Supervision and the International Organization of Securities Commissions have provided a one-year extension to the fifth and sixth phases of the implementation schedule of the rules requiring margin for uncleared swaps.
The UK Financial Conduct Authority and Prudential Regulation Authority have published statements setting out their expectations of dual-regulated and solo-regulated firms on their senior managers and certification regime requirements in the context of the coronavirus (COVID-19). They intend to provide flexibility to firms where they can and have made specific provisions in light of COVID-19.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act offers broad-based economic support for companies contending with the disruptions caused by the coronavirus (COVID-19) pandemic. This LawFlash provides a comprehensive overview of the aid that is available to or directly affects banks and related companies.
The Commodity Futures Trading Commission and the National Futures Association in recent weeks have issued relief in response to the challenges that many market participants face in light of the coronavirus (COVID-19) pandemic. This LawFlash covers the latest relief provided.
The European Commission has approved a £50 billion (EUR 57 billion) “umbrella” UK state aid scheme to support small and medium-sized enterprises and large corporates in the United Kingdom affected by the coronavirus (COVID-19) outbreak. The umbrella scheme was approved on April 6, 2020, under the State Aid Temporary Framework, as amended.
As the outbreak of the coronavirus (COVID-19) continues, the Hong Kong Monetary Authority has introduced a number of initiatives to further support small-medium enterprises. These initiatives include enhancements to standby liquidity facilities, including that banks may temporarily operate with a lower liquidity ratio and defer the implementation of certain aspects of Basel III.
Firms will need to separately engage with the US Securities and Exchange Commission on delays related to the coronavirus (COVID-19) pandemic.
Foreign investment trust notifications, foreign investment corporation notifications, and Article 63 notifications required to be filed prior to making a solicitation for investments to relevant Japanese investors may be affected by the coronavirus (COVID-19) pandemic and resulting lockdowns.
The Hong Kong Securities and Futures Commission has released a number of circulars relating to COVID-19, including March 31 guidance on licensing and ongoing compliance matters. This LawFlash provides an overview of the guidance and its implications for licensed corporations.
Two orders from the US Securities and Exchange Commission amend previous regulatory relief for certain investment advisers and investment funds affected by the coronavirus (COVID-19), provide such investment advisers and investment funds with more time to satisfy certain filing and delivery requirements, and extend the relief from requirements to hold in-person board meetings.
The staff of the US Securities and Exchange Commission (SEC) has given registered open-end management companies (mutual funds) an additional tool in the wake of the coronavirus (COVID-19) crisis to combat the potentially deleterious effects of dislocations in the debt markets.
This is the first in a series of alerts from Morgan Lewis’s investment management team in Tokyo that summarize how the coronavirus (COVID-19) global pandemic impacts investment fund-related businesses in Japan. This first alert summarizes how the pandemic impacts annual business report filing requirements, particularly for financial instruments business operators and business operators conducting permitted businesses for qualified institutional investors under Article 63 of the Financial Instruments and Exchange Act.
As the effects of the coronavirus (COVID-19) pandemic hit the United States, downsizings and shutdowns are spreading indiscriminately throughout the economy.
As the effects of the coronavirus (COVID-19) pandemic hit the United States, downsizings and shutdowns are spreading indiscriminately throughout the economy.
While offering guidance on which financial services workers could be considered essential, the UK Financial Conduct Authority says that firms themselves are best placed to make those decisions.
All IRA owners have until July 15, 2020 to make IRA contributions for 2019 and pay early distribution penalties for 2019, but a few questions remain on deadlines and reporting for IRA providers.
The US Securities and Exchange Commission is providing increased flexibility to certain open-end funds and insurance company separate accounts, plus no-action relief to money market funds and their affiliates amid the coronavirus (COVID-19) pandemic.
The spread of the coronavirus (COVID-19) continues to impact global financial markets and private funds. Private investment fund managers should consider—in addition to the potential economic exposure from unsteady financial markets—numerous risks to their businesses and the funds they manage from operational and other disruptions that may occur as a result of the global pandemic.
Many Commodity Futures Trading Commission registrants and other market participants are responding to the coronavirus (COVID-19) pandemic by implementing business continuity plans that move personnel from their “normal business sites,” which implicates CFTC regulatory requirements.
The UK Financial Conduct Authority (FCA) issued a further statement on 17 March elaborating usefully on its initial statement of 4 March (see our prior blog). Strikingly, it has abandoned the rather terse tone of the initial statement in favour of a more reassuring and understanding one, recognising the pressures exerted by the pandemic on regulated firms and consumers. Here are the key points.
Global financial markets have experienced unprecedented volatility as heightened concerns about the ongoing coronavirus (COVID-19) pandemic take hold and its impact on the global macroeconomic landscape remains unknown. From its record high, the S&P 500 has plunged as much as 30%, and companies in sectors disproportionately impacted by COVID-19–particularly those that have had to reduce or suspend operations to comply with the current social distancing guidance from the US Centers for Disease Control and Prevention–have experienced stock price declines of more than 70% from their 52-week highs.
The US Securities and Exchange Commission on March 13 announced temporary regulatory relief for registered investment advisers and exempt reporting advisers as well as for registered funds, registered unit investment trusts, and business development companies whose operations may be affected by the coronavirus (COVID-19). Most notably, the relief provides up to an additional 45 days for eligible advisers and funds to satisfy relevant filing and delivery requirements, and exempts eligible funds from in-person voting requirements.
The spread of the coronavirus (COVID-19) continues to impact global financial markets and private funds. Institutional investors, funds-of-funds, family offices, and other investors in private funds should consider the economic exposure to their private fund investments from operational disruptions that may occur as a result of the pandemic.
The EU watchdog, The European Securities and Markets Authority (ESMA), which coordinates securities market supervision across the 27 countries of the European Union, announced on March 11 that it was prepared to use its powers to ensure the orderly functioning of markets, financial stability, and investor protection, and issued the following recommendations to financial market participants (FMPs) in the European Union.
The Asset Management Association of China encourages new private equity funds to invest in medical enterprises related to epidemic prevention and control, and has extended certain reporting deadlines.
With the situation surrounding the 2019 Novel Coronavirus rapidly changing, key practical considerations for financial institutions regulated by the Hong Kong Securities and Futures Commission and Hong Kong Monetary Authority include business continuity planning, contract issues, and notification and filing requirements.
Morgan Lewis associate Alana Genderson’s presentation at BOMA NY’s Adaptive Workplace Strategies: Planning for Today & Post-COVID virtual seminar was highlighted in a New York Real Estate Journal article on the seminar.
The Centers for Disease Control and Prevention (CDC) on September 1 issued an order under Section 361 of the Public Health Service Act to temporarily—at least through the end of 2020—halt residential rental evictions for Americans struggling to pay rent due to the coronavirus (COVID-19) pandemic.
The Consumer Financial Protection Bureau (CFPB or Bureau) issued an interim final rule (IFR) on June 23, 2020 that temporarily permits mortgage servicers to offer to borrowers impacted by the coronavirus (COVID-19) pandemic certain loss mitigation options based on the evaluation of an incomplete loss mitigation application.
The Singapore government on 5 June passed the COVID-19 (Temporary Measures) (Amendment) Bill, which aims to provide eligible small- and medium-sized enterprises with rental relief. The bill is premised on a fair sharing of obligations between the government, landlords, and tenants.
Russia has adopted rules allowing to renegotiate real estate leases and postpone lease payments in certain cases. These rules affect both landlords and tenants. In this LawFlash we address the basics of these rules as adopted on the federal level. The rules may differ depending upon where the real estate in question (buildings, premises, or land plots) is located as some Russian regions have adopted their own regulations on this subject matter.
New York State began on May 15 to implement the state’s phased, regional plan for reopening businesses following the statewide closure of all nonessential businesses due to the coronavirus (COVID-19) public health emergency, a process known as “New York Forward.” Pursuant to New York Forward, certain industries in qualifying regions of New York can begin in-person operations, provided they affirm compliance with industry-specific health and safety guidance promulgated by the state and develop and post a compliant safety plan. This LawFlash discusses the nature and scope of the New York Forward reopening process, and key provisions from health and safety guidance issued to date.
Federal and state regulators and Congress continue to release new guidance and requirements to assist mortgage borrowers facing economic hardships resulting from the coronavirus (COVID-19) pandemic. Due to the high volume of borrower requests, the associated burden on servicers, and the unknown duration of the COVID-19 pandemic, it is critical for servicers to be in compliance with all forbearance-related requirements and to be responsive to borrower communications and inquiries.
The US Department of Education is now accepting applications from qualifying postsecondary institutions for emergency grants from funds that have been allocated under the CARES Act. The Department has issued instructions about how to apply for the grants, as well as guidance aimed at assisting institutions in realizing the benefits of the CARES Act.
Governor Charlie Baker signed emergency legislation on April 20 limiting evictions for residential and small business properties, and limiting foreclosures and requiring forbearance for residential properties. This legislation follows a number of actions by Governor Baker and the City of Boston to protect renters, homeowners, and small businesses during the coronavirus (COVID-19) pandemic.
In response to the current coronavirus (COVID-19) pandemic, federal, state, and local governments have taken various actions to limit or prohibit foreclosures and evictions during the public health emergency. Some of these actions also require forbearance in the enforcement of mortgage loans and leases.
As New Jersey continues to battle the spread of coronavirus (COVID-19), Governor Phil Murphy ordered essential businesses in the state to adopt several measures including mandatory face coverings at worksites, occupancy limits for stores, and frequent handwashing breaks for employees. Employers should pay close attention to these comprehensive and far-reaching—and sometimes confusing—orders that impose affirmative duties and could raise a host of reasonable-accommodations issues.
Texas Governor Greg Abbott issued Executive Order GA-14 on March 31, directing every person in Texas to minimize social gatherings and in-person contact with people who do not live in the same household except where necessary to provide or obtain essential services.
In response to the coronavirus (COVID-19) pandemic, New Jersey Governor Phil Murphy has announced an initiative whereby participating financial institutions will provide mortgage forbearance and financial protections for New Jersey residents facing economic hardship as a result of COVID-19.
In response to the coronavirus (COVID-19) pandemic, California Governor Gavin Newsom has issued two executive orders that place temporary restraints on the ability of landlords to evict residential tenants, authorize local governments to halt residential and commercial evictions, and call on banks and other financial institutions to suspend residential and commercial foreclosures and related evictions.
Tenants and landlords should consider whether certain provisions such as force majeure, frustration of purpose, and/or impracticability of performance can protect them under current leases—and whether to include such provisions in future leases—as a result of the current coronavirus (COVID-19) pandemic.
In response to the coronavirus (COVID-19) crisis, New York Governor Andrew Cuomo has issued two executive orders that place temporary restraints on the ability of banks, residential mortgage servicers, and landlords to exercise remedies under certain agreements, mortgages, and leases.
The Federal Housing Finance Agency (FHFA) and the US Department of Housing and Urban Development (HUD) announced on March 18 that they have directed Fannie Mae and Freddie Mac, the government sponsored enterprises (GSEs), to suspend foreclosures and evictions for at least 60 days due to the coronavirus (COVID-19) national emergency.
The Federal Reserve took additional actions on April 9 to provide up to $2.3 trillion in loans to support the US economy during the coronavirus (COVID-19) pandemic. This LawFlash covers the new and expanded programs, and provides comprehensive coverage of the Coronavirus Economic Stabilization Act.
Morgan Lewis partners Jennifer Feldsher and Julia Frost-Davies were quoted in a Law360 article which took a close look at the bankruptcy and restructuring environment so far in 2020.
The Small Business Administration on April 24 issued an update to an interim final rule, crystalizing its view that applicants that have sought protection under the US Bankruptcy Code are not qualified borrowers under the Paycheck Protection Program.
Elearning company Skillsoft provided two expedited alternatives to bankruptcy in its first-day filings in the Bankruptcy Court for the District of Delaware.
The Corporate Insolvency and Governance Act 2020 (Act), which came into force on 26 June 2020, brings into effect previously announced insolvency reforms.
While the full extent of COVID-19’s impact on the economy remains to be seen, it will likely create significant restructuring activity for companies already experiencing financial distress and otherwise healthy companies distressed by the pandemic. We have already seen an increase in chapter 11 filings, and more will follow.
As the economic effects of the coronavirus (COVID-19) pandemic continue to be felt, Germany’s protective shield proceeding under Section 270b of the Insolvency Code is a way for companies to restructure under the direction of management.
The economic outcome from the coronavirus (COVID-19) pandemic is still uncertain but is likely to remain catastrophic in many respects. Of late popular name brands and companies have filed for bankruptcy as stay-at-home orders and social distancing requirements remain largely in effect. Morgan Lewis tax lawyers alert those considering bankruptcy or restructuring to various tax traps that may arise during these processes.
In response to the coronavirus (COVID-19) pandemic, Russia has changed its bankruptcy laws to provide for a moratorium on bankruptcies and a freeze on certain transactions. While the situation is dynamic, these amendments are relevant for ongoing or potential transactions in Russia, as well as a party’s ability to enforce pledges and other types of security interests or to seek other remedies against Russian companies.
Prepackaged bankruptcies, prearranged bankruptcies, and expedited sales are available options for businesses in need of accelerated restructurings during the coronavirus (COVID-19) pandemic.
Morgan Lewis partners Julia Frost-Davies and Kristen Campana spoke with Law360 about the implications of the Small Business Restructuring Act in relation to the CARES Act’s Paycheck Protection Program (PPP).
A number of UK insolvency trade association bodies and professionals are advocating for the use of what is known as a light-touch administration for companies in financial distress as a result of the coronavirus (COVID-19) pandemic.
In response to the coronavirus (COVID-19) pandemic, US bankruptcy courts have granted extraordinary equitable relief in some cases. As government orders enforcing stay-at-home measures have forced many businesses to shutter indefinitely, bankruptcy courts have implemented procedures to allow the ongoing—albeit virtual—administration of bankruptcy cases.
Morgan Lewis partners Julia Frost-Davies and Andrew Budreika, of counsel Jason Alderson, and associate Benjamin Stango authored a INSOL International article about access to bankruptcy courts in light of the coronavirus (COVID-19) pandemic.
In response to the current coronavirus (COVID-19) pandemic, federal, state, and local governments have taken various actions to limit or prohibit foreclosures and evictions during the public health emergency. Some of these actions also require forbearance in the enforcement of mortgage loans and leases.
Governor Phil Murphy signed a suite of new laws on April 14 in response to the coronavirus (COVID-19) pandemic, including an amendment to New Jersey’s WARN Act providing relief to employers that conduct mass layoffs as a result of the current crisis. This law takes effect immediately and is retroactive to March 9, 2020.
The European Commission has approved a £50 billion (EUR 57 billion) “umbrella” UK state aid scheme to support small and medium-sized enterprises and large corporates in the United Kingdom affected by the coronavirus (COVID-19) outbreak. The umbrella scheme was approved on April 6, 2020, under the State Aid Temporary Framework, as amended.
In order to avoid a large number of corporate insolvencies, the German Parliament adopted a law on March 25 to mitigate the consequences of the coronavirus (COVID-19) pandemic in civil, insolvency, and criminal procedural laws. The law will be effective retroactive to March 1, 2020.
The shock, turmoil, uncertainty, and lack of visibility that followed the immediate onset of the coronavirus (COVID-19) pandemic in March 2020 were significant factors accounting for why shareholder activism was relatively subdued during the 2020 proxy season. However, given that activist investors have now had more than eight months to acquire their “sea legs” and recalibrate their playbook for the evolving “new normal,” it is likely that, even as the COVID-19 pandemic shows no signs of abating, activist investors will be less reluctant to wage an activism campaign in whatever “new normal” we find ourselves in during the 2021 proxy season.
Public companies should consider recent guidance from the US Securities and Exchange Commission, increased examination and enforcement activity at both federal and state levels, and possible shareholder activism, among other effects of the coronavirus (COVID-19) pandemic.
The UK government has introduced proposed legislation that will give companies flexibility to hold their annual general meetings where lockdowns due to the coronavirus (COVID-19) pandemic would prevent such meetings in person.
Temporary relief provided by the US Securities and Exchange Commission focuses on financial statements and timing and cancellation requirements with regard to Regulation Crowdfunding, and is expected to make it easier and faster for small businesses to complete offerings.
In a recent keynote speech, Co-Director of the US Securities and Exchange Commission’s Division of Enforcement Steven Peikin made it clear that the Division has made coronavirus (COVID-19) related enforcement matters a top priority and is dedicating significant time and resources to respond to such issues.
This LawFlash discusses awarding equity grants to newly hired employees as “inducement grants” outside the shareholder approved plan and the pros and cons of making inducement grants.
The UK government has announced two new schemes for funding to innovative companies and startups, launching in May 2020.
The coronavirus (COVID-19) pandemic has forced companies to reassess their financial projections amid the rapidly shifting landscape of the global economy. In response, there has been a rapid uptick in the number of corporations that have suspended dividend payments to preserve assets and capital. The last few weeks have seen corporations in the auto, aerospace, cruise line, entertainment, hospitality, mining, and restaurant industries, to mention a few, suspend dividends.
The New York Stock Exchange LLC (NYSE) has temporarily suspended its continued listing standards requiring (i) a market capitalization and stockholders’ equity of at least $50 million each, and (ii) a $1 minimum trading price for listed issuers. This relief, effective immediately through June 30, 2020, provides issuers with additional time to regain compliance with these requirements, and supplements the temporary suspension of the $15 million minimum market capitalization requirement.
As the coronavirus (COVID-19) pandemic disrupts everyday life throughout the world, boards of directors of corporations working around the clock to understand, address, and mitigate its effects on business operations must direct attention to their fiduciary duties. Boards must act affirmatively, and with an eye on the future, to assure that duties to corporations and stockholders continue to be met.
Recent announcements from the US Securities and Exchange Commission make it clear that, although it will not be business as usual, the agency will ably navigate the coronavirus (COVID-19) crisis and its work will move forward. However, over the next several months, the SEC and its staff will be confronted with choices about where and how to deploy the Commission’s limited enforcement and examination resources, and those decisions will have a profound effect on regulated entities.
The US Securities and Exchange Commission, the Financial Industry Regulatory Authority, and state securities regulators recognize the significant impact of the coronavirus (COVID-19) pandemic on broker-dealers, investors, and other stakeholders, and have provided important guidance and relief to broker-dealers on how to meet some of these challenges.
US antitrust laws already on the books facilitate rapid investment without government delay: important practical tools and rules for dealmakers and their counsel in the wake of the coronavirus (COVID-19) pandemic and the current economic challenges.
Morgan Lewis partner Matt Miner spoke with Global Investigations Review about the potential impact of the coronavirus (COVID-19) pandemic on the US government’s corporate enforcement efforts.
Firms will need to separately engage with the US Securities and Exchange Commission on delays related to the coronavirus (COVID-19) pandemic.
The Massachusetts Office of the Attorney General issued an emergency rule on April 1 to prevent unfair and deceptive collection practices during the coronavirus (COVID-19) crisis. The rule temporarily prohibits some debt collectors from initiating or threatening collection lawsuits, acting on vehicle repossession, and taking steps toward wage garnishment – among other restrictions.
The staff of the US Securities and Exchange Commission (SEC) has given registered open-end management companies (mutual funds) an additional tool in the wake of the coronavirus (COVID-19) crisis to combat the potentially deleterious effects of dislocations in the debt markets.
The US Securities and Exchange Commission announced on the morning of March 25 the extension of filing periods covered by previously enacted conditional reporting relief for certain public company filing obligations, and provided current views regarding disclosure considerations and other securities law matters related to the coronavirus (COVID-19) crisis.
The US Securities and Exchange Commission is providing increased flexibility to certain open-end funds and insurance company separate accounts, plus no-action relief to money market funds and their affiliates amid the coronavirus (COVID-19) pandemic.
The spread of the coronavirus (COVID-19) continues to impact global financial markets and private funds. Private investment fund managers should consider—in addition to the potential economic exposure from unsteady financial markets—numerous risks to their businesses and the funds they manage from operational and other disruptions that may occur as a result of the global pandemic.
Global financial markets have experienced unprecedented volatility as heightened concerns about the ongoing coronavirus (COVID-19) pandemic take hold and its impact on the global macroeconomic landscape remains unknown. From its record high, the S&P 500 has plunged as much as 30%, and companies in sectors disproportionately impacted by COVID-19–particularly those that have had to reduce or suspend operations to comply with the current social distancing guidance from the US Centers for Disease Control and Prevention–have experienced stock price declines of more than 70% from their 52-week highs.
The spread of the coronavirus (COVID-19) continues to impact global financial markets and private funds. Institutional investors, funds-of-funds, family offices, and other investors in private funds should consider the economic exposure to their private fund investments from operational disruptions that may occur as a result of the pandemic.
The staff of the Securities and Exchange Commission’s Division of Corporation Finance on March 13 issued guidance designed to assist companies in complying with federal proxy rules in light of the coronavirus (COVID-19) outbreak. The guidance clarifies flexibility under the federal proxy rules for companies wishing to effect changes to annual meetings, including moving from physical locations to virtual or hybrid meetings.
The US Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) published a Risk Alert on August 12 highlighting compliance considerations created by the coronavirus (COVID-19) pandemic for SEC-registered investment advisers and broker-dealers (Firms). This LawFlash highlights the areas of focus in the Risk Alert and provides a checklist of considerations and actions to assist Firms in addressing COVID-19-related compliance issues.
A new act in the United Kingdom provides power to HMRC to claw back coronavirus (COVID-19) support payments and issue penalties for deliberate and inadvertent misuse of such schemes.
The Centers for Medicare & Medicaid Services and the US Department of Health and Human Services Office of Inspector General have provided additional guidance and clarification on the application of Stark Law blanket waivers and enforcement of the Anti-Kickback Statute amid the coronavirus (COVID-19) pandemic, helping providers establish new arrangements or modify existing arrangements to accommodate unprecedented demands.
An injunction blocking enforcement of an emergency prohibition on debt collection phone calls and lawsuits during the coronavirus (COVID-19) crisis was granted on May 6, 2020 on grounds that it violates the First Amendment rights of collection agencies without adding meaningful protections for consumers.
Provisions in the Coronavirus Aid, Relief, and Economic Security (CARES) Act signaled that the government intends to closely monitor the more than $2 trillion in relief funds, including loans through the Paycheck Protection Program. New developments confirm that businesses seeking these loans must understand the risks before accepting and retaining the funds.
Medicare providers that receive grant money under the CARES Act Relief Fund must pay close attention to the terms and conditions of the assistance and rigorously document how the funds are used to avoid potential future False Claims Act allegations.
The US Senate approved an additional $310 billion in funds for the Paycheck Protection Program (PPP) on April 20, and the House of Representatives is expected to approve these additional funds within days.
Recent announcements from the US Securities and Exchange Commission make it clear that, although it will not be business as usual, the agency will ably navigate the coronavirus (COVID-19) crisis and its work will move forward. However, over the next several months, the SEC and its staff will be confronted with choices about where and how to deploy the Commission’s limited enforcement and examination resources, and those decisions will have a profound effect on regulated entities.
The US Department of Health and Human Services recently announced the use of blanket waivers for healthcare providers under the Stark Law, and its Office of Inspector General noted it will exercise enforcement discretion in imposing administrative sanctions related to such blanket waivers under the Anti-Kickback Statute.
States and localities across the country are continuing to respond as quickly and effectively as possible to the coronavirus (COVID-19) outbreak. These responses include guidance for taxpayers on numerous topics, such as providing tax relief through filing and payment deadline extensions.
Partners Matthew Mock and Cosimo Zavaglia and associate Colleen Redden authored a Tax Notes article about the potential implications of remote workers displaced by the COVID-19 pandemic on state corporate taxes. In the piece, they explain the income tax nexus in relation to remote work, guidance released by select states, and options for corporations seeking to protect themselves from nexus assertion.
Partner Cosimo Zavaglia spoke with Law360 about the potential implications of a US Supreme Court case regarding state income taxes imposed on nonresident workers who are working from home amid the COVID-19 pandemic.
The Internal Revenue Service (IRS) issued Notice 2021-10 on January 19, which extends relief to Qualified Opportunity Funds (QOFs) and their investors as a response to continued challenges brought on by the COVID-19 pandemic.
The Internal Revenue Service (IRS) issued Revenue Procedure 2021-12 on January 14, extending the safe harbors in Revenue Procedures 2020-26 and 2020-34 to September 30, 2021. This LawFlash discusses the portion of Revenue Procedure 2021-12 relating to Revenue Procedure 2020-26. The safe harbors were previously set to expire and would not apply to forbearances and related modifications entered into after December 31, 2020. As the coronavirus (COVID-19) emergency persists, the extension in Revenue Procedure 2021-12 provides welcome relief to the securitization industry, which faced uncertainties over the tax consequences that such an expiration could have on securitization vehicles such as real estate mortgage investment conduits (REMICs) and investment trusts.
Morgan Lewis partner Cosimo Zavaglia was quoted in Law360 Tax Authority in an article about state tax provisions stemming from the latest COVID-19 relief act, which allowed Paycheck Protection Program payments to be deductible on federal income tax.
Partners Sharon Perley Masling, Carrie Gonell, and Cosimo Zavaglia and associate Daniel Kadish authored a Bloomberg Law article about the legal issues concerning employees who are working remotely from other states and jurisdictions to which they relocated for the long term because of COVID-19.
A new coronavirus (COVID-19) relief bill—the Consolidated Appropriations Act, 2021, which includes the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (the Act)—was signed into law on December 27. The Act not only contains tax provisions to provide direct relief to individuals, but also includes tax benefits for various industries, including the “green” energy and technology industries.
Businesses in the United Kingdom which engage contractors through intermediaries should prepare now for changes to the “IR35” rules that will take effect in April 2021.
The US Department of the Treasury and the Internal Revenue Service have issued guidance with respect to US President Donald Trump’s August 8, 2020 Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster. The notice allows an employer to opt to postpone the withholding and depositing of certain employer-share Social Security taxes until repayment is required in 2021; it does not waive liability for the underlying taxes.
The US Internal Revenue Service (IRS) issued news release IR-2020-194 on August 28, approving the temporary use of digital signatures for certain IRS forms that must be filed with the IRS manually.
Morgan Lewis partners Cosimo Zavaglia and Mary “Handy” Hevener and of counsel Justin Cupples authored a Lexis Practice Advisor article about the tax implications of employee stay-at-home orders amid the coronavirus (COVID-19) pandemic.
As state revenue agencies train their auditors in traditional IRC §482 transfer-pricing methodologies or outsource transfer-pricing audits to third-party specialists, a recent initiative by the Indiana Department of Revenue follows another, alternative federal transfer-pricing compliance tool: advance pricing agreements (APAs).
Now that remote working may become more permanent (at least for the second half of 2020) states have released guidance on how the presence of remote workers in the state impacts an employer’s nexus in the state. In this Lawflash, we address two of the latest pronouncements from Massachusetts and Oregon.
The Internal Revenue Service (IRS) recently released new guidance in IRS Notice 2020-50 and Notice 2020-51 to help owners and beneficiaries of individual retirement accounts and individual retirement annuities (IRAs) and IRA providers navigate the relief provided under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
Morgan Lewis partner Jennifer Breen spoke with Modern Healthcare about the possibility that healthcare providers will be taxed on relief grants related to the COVID-19 pandemic.
The Internal Revenue Service on July 6 published answers to frequently asked questions regarding the taxability of payments received by eligible healthcare providers from the Public Health and Social Services Emergency Fund (Relief Payments).
Under IRS Notice 2020-50, employers sponsoring nonqualified deferred compensation plans (NQCD plans) may now allow employees to suspend their deferral elections without having to determine whether the employee has had an unforeseeable emergency for purposes of Section 409A or otherwise qualifies for a hardship under Section 401(k) if the employee received a coronavirus-related distribution from an eligible retirement plan.
The Internal Revenue Service recently published additional guidance on the coronavirus-related distributions and loans provisions of Section 2202 of the CARES Act. Notice 2020-50 is intended to assist employers and plan administrators, trustees and custodians, and qualified individuals in applying Section 2202 to take advantage of greater access to plan distributions and plan loans.
With the issuance of Notice 2020-39 (the Notice), the Internal Revenue Service (IRS) has provided relief for Qualified Opportunity Zone Funds (QOFs) and for investors in QOFs. While the relief provided in the Notice does not solve every challenge for QOFs and investors during the pandemic, investors and sponsors alike should warmly receive the specific relief.
Charitable leave-based donation programs provide employees the option of donating leave that can be converted into cash contributions to charities assisting the victims of the novel coronavirus (COVID-19) pandemic.
US President Donald Trump signed the Paycheck Protection Program Flexibility Act of 2020 (the Act) on June 5, modifying certain provisions related to the forgiveness of loans under the Paycheck Protection Program (PPP). We recently published a LawFlash discussing these modifications.
Morgan Lewis partner Richard LaFalce spoke with CNBC about the recently announced deadline extension for some qualified opportunity fund investors to December 31.
The Coronavirus Aid, Relief and Economic Security (CARES) Act provides two measures of relief to taxpayers, but taxpayers amending federal income tax returns should be aware these benefits may not reach their state income tax returns.
New formal guidance from the Internal Revenue Service (IRS) extends the deadline for providers of individual retirement accounts and individual retirement annuities (IRAs) to file Form 5498 in response to the coronavirus (COVID-19) pandemic.
The economic outcome from the coronavirus (COVID-19) pandemic is still uncertain but is likely to remain catastrophic in many respects. Of late popular name brands and companies have filed for bankruptcy as stay-at-home orders and social distancing requirements remain largely in effect. Morgan Lewis tax lawyers alert those considering bankruptcy or restructuring to various tax traps that may arise during these processes.
New guidance from the Internal Revenue Service will allows RICs and REITs to retain more capital by distributing less cash to shareholders in certain stock distributions—welcome relief during the current economic volatility resulting from the coronavirus (COVID-19) pandemic.
For-profit medical care providers that receive CARES Act grants to provide funds for healthcare-related expenses or lost revenues attributable to the coronavirus (COVID-19) may be taxed for those receipts. Because Congress did not otherwise exclude or address the tax treatment of these grant payments, taxability would be determined based upon applicable tax law and guidance, which require that such funds be reported as taxable income. For-profit healthcare providers that received these grants should consider this issue and its resulting tax implications.
As part of its ongoing efforts to provide guidance on the federal income tax consequences of various Coronavirus Aid, Relief, and Economic Security (CARES) Act provisions, the IRS issued Notice 2020-32 addressing the deductibility of certain expenses incurred in a taxpayer’s trade or business after receiving a loan pursuant to the CARES Act’s Paycheck Protection Program.
Employers should be aware that remote working arrangements during the coronavirus (COVID-19) pandemic may inadvertently trigger state payroll tax registration and filing requirements for their businesses, and possibly trigger corporate income/franchise tax “nexus” with another state, subjecting the business to that state’s tax regime.
Morgan Lewis partners Andrew Budreika and Jennifer Breen spoke with Accounting Today about the CARES Act’s Paycheck Protection Program (PPP). In the article, they discussed key considerations for PPP borrowers eligible for loan forgiveness.
Morgan Lewis partner Sheri Dillon was quoted in a Tax Notes article about the US Internal Revenue Service’s (IRS’s) decision to extended Tax Court filing deadlines to July 15 or the court’s reopening.
С целью стабилизации экономики в условиях пандемии коронавируса (COVID-19), Правительство Казахстана установило так называемый «поправочный коэффициент» «0» к ставкам налогов и платежей с фонда оплаты труда.
The Internal Revenue Service (IRS) and the US Department of the Treasury released two Revenue Procedures and a new FAQ on April 21 to provide relief to US residents and alien individuals affected by travel disruptions due to the coronavirus (COVID-19) emergency.
Morgan Lewis partner Sheri Dillon spoke with Tax Notes about the additional relief needed for taxpayers whose filing deadlines have yet to be extended by the US Internal Revenue Service.
This Insight authored by Morgan Lewis lawyers and published by Bloomberg Law poses 100 questions related to the COVID-19 payroll tax and fringe benefits provisions, which we have been explained in our LawFlashes.
Revenue Procedure 2020-22 from the Internal Revenue Service provides helpful flexibility for taxpayers in a real property trade or business.
Morgan Lewis partner Reece Hirsch and associate Brian London authored a Law360 article about private investment funds and the California Consumer Privacy Act.
The Internal Revenue Service on Monday, April 13 issued welcome relief to the securitization industry, providing that certain forbearances and related modifications to mortgages will generally not cause real estate mortgage investment conduits (REMICs) and other securitization vehicles to lose their special tax status if such modifications arise from new programs/procedures created by the CARES Act or by similar programs/procedures to address the coronavirus (COVID-19) emergency.
The Internal Revenue Service has released guidance allowing partnerships subject to amended return filing restrictions enacted under the Bipartisan Budget Act of 2015 to amend 2018 and 2019 partnership returns, including in order to take advantage of retroactive relief provided under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Morgan Lewis partner Jennifer Breen was quoted in a Tax Notes article about the CARES Act implications on restrictions in the Tax Cuts and Jobs Act.
In continued efforts to help taxpayers address the challenges brought on by the coronavirus (COVID-19) pandemic, the Internal Revenue Service announced further relief on April 9, including automatically extending deadlines for various filing and payment obligations and allowing tentative carryback refunds for net operating losses.
Loans for US small businesses to keep employees on payroll during business slowdowns resulting from the coronavirus (COVID-19) pandemic became available April 3 under the Paycheck Protection Program. Loan forgiveness may be available if businesses meet certain requirements.
Employers considering layoffs in the face of the coronavirus (COVID-19) crisis have additional opportunities to support furloughed workers, aside from options offered by the CARES Act.
Morgan Lewis partner Jennifer Breen spoke with Tax Notes about the US Internal Revenue Service’s decision to extend hundreds of tax deadlines to July 15.
HM Revenue & Customs has made available further details to the UK government’s 20 March announcement on a series of initiatives, including a valued added tax deferral, to support British businesses in the face of the coronavirus (COVID-19) pandemic.
Morgan Lewis partner Jennifer Breen spoke at an April 2 webinar hosted by the American Bar Association Section of Taxation. During the webinar, Jenn asked US Internal Revenue Service Chief Counsel Michael Desmond about a patenting filing extension for fiscal-year taxpayers whose filing and payment deadlines do not fall on April 15.
HM Revenue & Customs has released guidance setting out temporary changes to its stamping procedure, which will apply for the duration of the coronavirus (COVID-19) measures in the United Kingdom.
Overwhelmingly passed by both houses of the US Congress this week and signed into law by President Donald Trump on March 27, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provides a $2 trillion economic stimulus and contains many major tax changes to help businesses and individuals.
The UK government has announced that companies will be given an additional three months to file accounts with Companies House to help companies avoid penalties as they deal with the impact of the coronavirus (COVID-19).
Morgan Lewis partner Sheri Dillon was quoted in a Tax Notes article about the US stimulus bill, Coronavirus Aid, Relief, and Economic Security (CARES) Act (H.R. 748).
The Internal Revenue Service on March 24 published a first set of answers to frequently asked questions regarding the federal income tax return filing and payment relief provided in Notice 2020-18. This LawFlash discusses the clarifications provided by the FAQs, and where questions remain.
The UK government recently announced a series of further initiatives to support British businesses in the face of the coronavirus (COVID-19) pandemic, including a VAT deferral and business rate holidays.
The UK government has made a number of announcements that may affect individuals who are UK resident taxpayers, including income tax deferral and statutory sick pay changes, during the coronavirus (COVID-19) pandemic.
A financial crisis-era program is being resurrected to fight the liquidity crisis caused by the global coronavirus (COVID-19) pandemic through lending collateralized by new issuances of asset-backed securities.
Morgan Lewis partners Jennifer Breen and Steven Johnson’s letter to the US Internal Revenue Service (IRS) regarding the coronavirus (COVID-19) outbreak was cited in a Tax Notes article about close-of-tax year issues.
Two days after extending by 90 days the deadline for payment of certain federal income taxes, on March 20, US Secretary of the Treasury Steven Mnuchin announced that the Internal Revenue Service will also extend the deadline for filing federal income tax returns to July 15, 2020. The IRS confirmed Secretary Mnuchin’s announcement by releasing Notice 2020-18, which supersedes Notice 2020-17 (discussed in our March 19 LawFlash).
The day after US Secretary of the Treasury Steven Mnuchin’s announcement on March 17, the Internal Revenue Service issued helpful guidance (Notice 2020-17) on the coronavirus (COVID-19) crisis. Importantly, the IRS is deferring all federal income tax payments due April 15, 2020 for 90 days.
Chief Secretary to the UK Treasury Stephen Barclay announced in the House of Commons on 17 March that the government’s imminent off-payroll working rules (IR35) reforms in the private sector will be postponed until 6 April 2021. The chief secretary explained that the decision to defer the reforms had been taken in view of the ongoing spread of the coronavirus (COVID-19) to help businesses and individuals.
Morgan Lewis partner Jennifer Breen spoke with Law360 about the US Internal Revenue Service’s response to Coronavirus COVID-19.
Tax Notes featured a March 12 letter to the IRS authored by Morgan Lewis partners Jennifer Breen and Steven Johnson. The letter outlines recommendations on how the agency can best address the myriad of questions and compliance issues resulting from the growing reach of COVID19.
Morgan Lewis recently submitted a comprehensive list of IRS relief recommendations to the head of the IRS Office of Chief Counsel.
In two draft companion guidance documents, the US Food and Drug Administration (FDA) establishes a proposed framework for transitioning medical devices currently marketed under emergency use authorization (EUA) or enforcement policy guidance to permanent marketing authorization. The draft FDA guidance documents provide manufacturers a 180-day transition period to submit a marketing application and stress that they should submit permanent marketing authorizations prior to finalization of the guidance documents.
Associate Jake Harper spoke with Xtelligent Healthcare Media about key pieces of telehealth legislation moving through Congress in 2022 and the factors that could potentially stop their passage, as well as the additional regulations needed to advance telehealth usage.
The US Supreme Court issued two decisions on January 13, 2022 in cases challenging the Occupational Safety and Health Administration’s (OSHA’s) Emergency Temporary Standard (ETS) on Vaccination and Testing and the Centers for Medicare & Medicaid Services (CMS) Interim Final Rule (IFR) on COVID-19 Health Care Staff Vaccination. The Supreme Court decided to reimpose the stay on enforcement of the ETS while staying the preliminary injunctions against the CMS IFR pending further litigation.
On January 7, the US Supreme Court debated a range of complex issues in a pair of oral arguments over challenges to two federal regulations requiring workplace COVID-19 precautions. Although it is unlikely the Court will issue definitive opinions for several days or weeks, the Court could quickly issue a temporary “administrative” stay while it deliberates, or an unreasoned order with opinions to follow.
In response to the rapid spread of the COVID-19 Omicron variant, effective January 6, the LA County Department of Public Health revised its Health Office Order to include several notable updates, the most significant being a requirement that employers operating in cities and unincorporated areas in Los Angeles County—excluding Long Beach and Pasadena—provide select employees with high-quality masks when working indoors and in close contact with co-workers or members of the public.
As employers continue to deal with the ongoing impacts of the pandemic heading into 2022, partners Michael Jones and Siobhan Mee and associate Alana Genderson shared some related legal trends to watch in the new year.
New “Key to NYC” guidance for private sector employers was released on Wednesday following New York City Mayor Bill de Blasio’s December 6 announcement that employees (1) not previously covered under the existing Key to NYC vaccination requirements and (2) who perform in-person work for private businesses in the city must receive at least one dose of a COVID-19 vaccine by December 27.
The Cal/OSHA Standards Board on December 16 voted to approve the second readoption of the California COVID-19 Prevention Emergency Temporary Standards (ETS) during its monthly public meeting. The revised ETS will not adopt the federal OSHA ETS or include a mandatory vaccination requirement for employers, but will include stricter requirements for employers than the current version.
Partner Roger Joseph spoke to Fund Directions about some of the challenges ahead for fund-industry directors in 2022, including combating virtual meeting fatigue, increasing board diversity, and dealing with major changes in the regulation of derivatives and valuations.
Directors have significant ongoing duties towards the company they lead, including taking the changing factual landscape into account. This should include learning lessons from the recent disruption of global supply chains.
Associate Alana Genderson spoke with HR Magazine about how employers can accurately assess employee numbers in the wake of the contested Occupational Safety and Health Administration (OSHA) emergency temporary standard (ETS), which applies to companies with more than 100 employees.
In Law360, partners Steven Johnson, Jonathan Zimmerman, and Handy Hevener, along with associates Anna Pomykala and Jacob Oksman, outlined key components of the Coronavirus Aid Relief and Economic Security (CARES) Act’s complex repayment rules for employer-share Social Security tax deferrals.
The Japanese government has again tightened its restrictions on new entries of foreign nationals and on activities for COVID-19 vaccination certificate holders due to the rapid expansion of the Omicron variant infection around the world. These changes fully went into effect as of December 1, 2021, as one-month temporary measures valid until the end of 2021, to determine the degree of danger the Omicron variant presents. This restriction could be extended depending on infection status.
Associate Daniel Kadish spoke with Forbes about best practices employers can employ when asking employees about their vaccination status.
The IRS recently issued FAQs to address workforce issues and labor shortages resulting from the COVID-19 pandemic. The guidance seems to be in response to well-publicized labor shortages affecting schools and the education industry, although it is not limited to that industry. The FAQs reaffirm prior IRS guidance, but may give comfort to employers who are contemplating rehiring retirees as they try to manage workforce issues “related to” the pandemic.
A group of hospitality policyholders failed in their attempt to obtain cover under a business interruption policy as it was determined, in an ad hoc arbitration, that the UK central government did not constitute “a competent local authority.”
The fate of the Occupational Safety and Health Administration’s landmark Emergency Temporary Standard on COVID-19 vaccination is in the hands of the Sixth Circuit—for now. In this LawFlash, we walk businesses through the legal challenges to the Emergency Temporary Standard, how they may unfold, and what businesses may wish to do in the interim.
National Labor Relations Board General Counsel Jennifer A. Abruzzo issued a memorandum explaining her view of employers’ bargaining obligations in response to the US Department of Labor Occupational Safety and Health Administration’s Emergency Temporary Standard to Protect Workers from Coronavirus. According to Abruzzo, any issue involving employer discretion is subject to decision bargaining. The Emergency Temporary Standard may also trigger effects bargaining obligations for non-discretionary issues.
The Japanese government has relaxed its restrictions on new entries of foreign nationals and on activities for holders of COVID-19 vaccination certificates. These changes went into effect as of November 8, 2021.
The Fifth Circuit temporarily stayed the Occupational Health and Safety Administration’s Emergency Temporary Standard on COVID-19, placing it in legal limbo. In addition, state governments continue to take actions related to employer vaccine mandates that merit attention. In the past month, state legislatures in Alabama, Arkansas, Tennessee, West Virginia, and Iowa passed bills purporting to limit the ability of employers to mandate COVID-19 vaccination, and Florida will consider similar measures in a special session starting November 15. Illinois, in contrast, passed an amendment limiting the effect of a statute used by plaintiffs to challenge vaccine mandates.
Partner Michael Puma told HR Magazine that employers are seeing an influx of religious accommodation requests in light of COVID-19 vaccination requirements.
Associate Alana Genderson spoke with HR Dive about the Occupational Safety and Health Administration’s (OSHA’s) emergency temporary standard (ETS) requiring some employers to implement COVID-19 vaccine mandates or testing requirements by January 4.
Associate Alana Genderson spoke to Law360 about the Occupational Safety and Health Administration’s new emergency temporary standard requiring private sector employers with 100 or more employees to set up a plan by December 5 to comply with vaccination or testing protocols.
Under a newly signed executive order in New Jersey, all state contractors and subcontractors entering agreements with the state must include a clause that requires all covered workers to either provide adequate proof to the contractor that they are fully vaccinated or submit to at least weekly COVID-19 testing.
Partner Louise Skinner reviews the UK government’s proposals to extend the right to request flexible working in an article for Employment Law Journal.
As the availability and variety of digital health tools continue to increase, evidence is also being presented that those tools are having a meaningful impact on health outcomes. In a recent blog post, members of our technology, outsourcing, and commercial transactions team dove into the findings of two reports, Digital Health Trends 2021: Innovation, Evidence, Regulation, and Adoption, offered by the IQVIA Institute for Human Data Science; and a report from the University of Michigan’s Institute for Healthcare Policy and Innovation’s Telehealth Research Incubator.
The Biden-Harris administration plans to lift travel restrictions on visitors from most European countries, including the United Kingdom and Ireland, and other countries that have been in place since the start of the coronavirus pandemic.
US Immigration and Customs Enforcement (ICE) has extended a policy permitting acceptance of remote employment eligibility verification in limited circumstances through December 31, 2021.
The US Centers for Disease Control and Prevention (CDC) recently announced a new policy under which all applicants for a green card must be fully vaccinated against COVID-19. As part of the green card application process, all individuals are required to undergo a medical exam by a civil surgeon. This surgeon will assess a full medical history, conduct a physical examination, ensure attainment of all required vaccinations, and screen for mental health, sexually transmitted diseases, and various other illnesses that have been determined to be adverse to the interests of the general public.
The UK Home Office has announced that the temporary COVID-19 adjusted right-to-work checks have been extended to 5 April 2022 following the positive feedback on remote checks.
New York City Mayor Bill de Blasio issued Executive Order 225 (the Order) and related guidance on August 16 regarding the “Key to NYC” vaccination requirements for indoor entertainment/recreation, dining, and fitness settings. Under these requirements, individuals age 12 and older will be required to show proof that they have received at least one dose of an approved COVID-19 vaccine before being admitted to certain covered indoor facilities. The requirements took effect on August 17 but will not be enforced until September 13, 2021.
The Occupational Safety and Health Administration (OSHA) recently updated its nonbinding COVID-19 guidance applicable to all industries not otherwise covered by its Emergency Temporary Standard (ETS).
The UK Supreme Court issued a policyholder-friendly decision earlier this year on the Financial Conduct Authority’s business interruption test case. The judgment will apply to policyholders’ claims on a case-by-case basis.
Partner Daryl Landy spoke with HR Magazine about a new statewide regulation that requires California state employees, healthcare workers and others in high-risk workplaces to either show proof of vaccination or complete regular testing.
Partner Sharon Masling spoke with CNBC about legal developments in COVID-19 vaccine mandates and the way an employer’s vaccine policy could affect workplace culture.
Partner Sharon Masling spoke with Bloomberg Law about the debate over mandatory vaccines for school-aged children.
Despite initial ambiguity over the legality of an employer-imposed COVID-19 vaccine mandate in 2020, 2021 has brought a series of decisions and opinions from federal authorities and the judiciary clarifying that an employer vaccine mandate is legal, provided employers accommodate those who are unable to be vaccinated.
The UK government has waived quarantine requirements for visitors from Europe and the United States who have been fully vaccinated—and who have not been in France or a Red List country in the 10 days prior to arriving in the United Kingdom—as part of a range of new measures designed to continue reopening international travel.
A federal district court in Florida denied a plaintiff’s motion for class certification in a putative class action asserting claims on behalf of ticket purchasers against Viagogo, a secondary ticket marketplace platform, for failing to provide refunds for canceled or postponed events. This is among the first decisions on motions for class certification in cases seeking reimbursement for events canceled due to COVID-19.
The Centers for Disease Control and Prevention (CDC) has released updated guidance recommending that fully vaccinated persons in areas with substantial or high rates of COVID-19 transmission resume wearing masks in public indoor settings. The guidance also encourages all fully vaccinated persons who are exposed to COVID-19 to take a COVID-19 test three to five days after exposure, and to wear masks in public indoor settings for 14 days or until receiving a negative COVID-19 test. The guidance also recommends universal indoor masking for all teachers, staff, students, and visitors to schools, regardless of their vaccination status.
Partner Sharon Masling spoke with the Associated Press about the legal rights of employers when looking to mandate a COVID-19 vaccination for employees.
Members of our emerging business and technology team recently hosted a webinar on seed financing structures for digital health companies. The program, led by partner Benjamin David Novak and associate Jessica Lee, discussed the market trends in digital health company financings as well as the various deal structures frequently used in seed financings.
The Los Angeles County Department of Public Health issued a press release on July 15 indicating that on July 16 it will post a modified county Health Officer Order requiring everyone, regardless of vaccination status, to wear a mask in indoor public settings and businesses beginning Saturday, July 17, at 11:59 pm. With this order, Los Angeles County will be more restrictive than the guidance from the Centers for Disease Control and Prevention, the California Department of Public Health, and Cal/OSHA, all of which allow fully vaccinated individuals to forgo wearing a mask in most indoor settings.
The UK government, in line with its roadmap out of lockdown, has announced that travelers who have been vaccinated with an NHS-administered vaccine in the United Kingdom (plus 14 days), or are on a formally approved UK vaccine clinical trial, will no longer need to quarantine on their return to the United Kingdom from an amber list country.
After a sluggish year for mergers and acquisitions (M&A) among hospitals and health systems, 2021 has shown renewed vigor and is poised for considerable transactional activity, according to a Law360 article by partners Janice Davis, Mark Stein, and Sandra Vrejan.
Partners Daryl Landy and Jason Mills and associate Nicholas Armer co-authored an article for the Daily Journal regarding Cal/OSHA’s changing approach to the Emergency Temporary Standards (ETS) it has issued over the last year. The article highlights the inconsistency in the standards, which has created a “skeptical employer audience when it comes to future emergency standards.”<
Our healthcare team recently launched a publication series highlighting the global impact of COVID-19 on healthcare transactions. Around the globe, the healthcare industry has faced similar issues from the unprecedented pandemic, prioritizing their operational response to COVID-19. Now, as countries begin to reopen, healthcare entities may refocus on planning for long-term transformation of their business models. In this series, we will explore how the pandemic impacted healthcare transactions in specific regions and what we can expect in a post-pandemic world.
Santa Clara County, California issued a health officer order on June 21, 2021, to phase out its May 18 health officer order, which required businesses to ascertain the vaccination status of all personnel working in the county and to follow up every two weeks with those who had not yet indicated they were fully vaccinated. The county also lifted its other COVID-19-related requirements for businesses, replacing them with recommendations that businesses are encouraged to follow.
The Cal/OSHA Standards Board voted on June 17 to “readopt” the COVID-19 Prevention Emergency Temporary Standards (ETS) with several revisions that brought the ETS rules for fully vaccinated employees more in line with the Centers for Disease Control and Prevention (CDC) and California Department of Public Health’s (CDPH) guidance. Later that day, Governor Gavin Newsom issued Executive Order N-09-21 that eliminated 10 days of administrative review so that the ETS could take effect immediately.
Associate Alana Genderson was quoted in a Law360 article regarding the Occupational Safety and Health Administration’s (OSHA’s) most recent COVID-19 workplace safety emergency temporary standards (ETS).
Governor Andrew Cuomo announced on June 15 that the State of New York reached its goal of 70% of adult New Yorkers receiving at least one dose of a COVID-19 vaccine.
Partner Sharon Masling was quoted in a Bloomberg Law article about guidance from the US Equal Employment Opportunity Commission on incentives that could be offered to encourage employees to receive COVID-19 vaccinations.
The Occupational Safety and Health Administration (OSHA) issued important updates to its COVID-19 guidance for employers on June 10. To start, the long-awaited COVID-19 Emergency Temporary Standard (ETS) is effective immediately, but it only applies to employers in healthcare and healthcare support services settings. Employers covered by the ETS have 14 days (from the date that the ETS is published in the Federal Register, which could be any day now) to comply with most provisions, and 30 days (also from the date of publication in the Federal Register) to comply with the provisions related to physical barriers, ventilation, and training.
In another reversal, on June 9 the California Division of Occupational Safety and Health (Cal/OSHA) Standards Board unanimously voted to withdraw the “Readopted” Emergency Temporary Standards that it had approved just six days earlier, while the California Department of Public Health (DPH) previewed new face mask guidance that aligns with the Centers for Disease Control and Prevention’s (CDC’s) face mask guidance and will take effect June 15. In addition, the health department from Los Angeles County—the county with the largest population and with the highest number of COVID-19 cases and deaths in the state since the pandemic began—announced that it will adopt the state DPH guidance except that employers must adhere to Cal/OSHA standards.
Partner Jon Snare was quoted in The Associated Press after the Occupational Safety and Health Administration (OSHA) issued important updates to its COVID-19 emergency temporary standards.
Morgan Lewis partners Jason Mills and Daryl Landy spoke with The Recorder after California state regulators rescinded COVID-19 workplace safety rules.
On June 8, 2021, the New York State Department of Health released updated interim guidance for office-based workplaces that removes significant prior restrictions. This new guidance comes on the heels of Governor Andrew Cuomo’s recent announcement that once 70% of adult New Yorkers have received at least the first dose of the COVID-19 vaccine, almost all applicable guidance will become optional, except that unvaccinated individuals still need to wear face coverings and maintain social distancing. According to Governor Cuomo, New York is expected to hit the 70% threshold during the week of June 14, if not earlier.
At a Standards Board meeting on June 3, 2021, the California Division of Occupational Safety and Health (Cal/OSHA) “readopted” its COVID-19 Prevention Emergency Temporary Standards with revisions as published on May 28.
Morgan Lewis senior attorney Pierce Blue and associates Alana Genderson and Daniel Kadish authored an article for Law360 after the US Equal Employment Opportunity Commission released an update to its technical assistance guidance on COVID-19 and the Americans with Disabilities Act, the Rehabilitation Act, and other federal equal employment opportunity laws.
Morgan Lewis partner Louise Skinner was interviewed by Eddie Mair on LBC Radio about the prospect of making COVID-19 vaccinations compulsory for care home staff.
The California Division of Occupational Safety and Health (Cal/OSHA) on May 28 released much-anticipated updated text for its proposed “Readoption” of COVID-19 Prevention Emergency Temporary Standards. Perhaps the biggest surprise was what Cal/OSHA did not change.
The US Equal Employment Opportunity Commission (EEOC) released a long-awaited update to its technical assistance guidance on COVID-19 and the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other federal equal employment opportunity (EEO) laws on May 28, 2021. The document addresses frequent employer questions related to requiring vaccines for employees and providing incentives to employees to encourage vaccinations under the ADA, Title VII, and the Genetic Information Nondiscrimination Act (GINA).
The sports industry was among the first to navigate the resumption of some sense of regular play amid the pandemic, but it was far from normal. That wasn’t necessarily a bad thing. As sports have routinely blazed a trail for others to follow, teams and franchises continued that streak, first testing and then improving on ways to protect their players and staff from COVID-19, all the while attracting new interest from investors and advancing the call for racial justice. Now as many stadiums reopen to full capacity, we take a look back at what lessons the sports industry is likely to carry forward for the rest of 2021.
New guidance will allow employees in New Jersey, Oregon, and Washington to go maskless and stop social distancing if they provide their employers proof of vaccination against COVID-19.
Members of our labor and employment team have published resources highlighting updates to state mask guidance in California, Illinois, Massachusetts, New York, New Jersey, Oregon, and Washington in alignment with the Centers for Disease Control and Prevention’s (CDC’s) new guidance that allows fully vaccinated individuals to forgo masks and social distancing requirements in most indoor and outdoor locations.
Massachusetts Governor Charlie Baker announced on May 17 that Massachusetts will rapidly accelerate the commonwealth’s reopening process by adopting the Centers for Disease Control and Prevention’s (CDC’s) Interim Public Health Recommendations for Fully Vaccinated People. Effective May 29, all businesses can open at 100% capacity, with very limited exceptions. The governor also announced that the 14-month state of emergency will end on June 15, 2021.
The California Occupational Safety and Health (Cal/OSHA) Standards Board has decided to delay approving Cal/OSHA’s proposed “readoption” of the COVID-19 Prevention Emergency Temporary Standards pending Cal/OSHA’s anticipated further proposed revisions in light of recent mask guidance from the Centers for Disease Control and Prevention.
California will keep its existing mask guidance in place until June 15, 2021, when it aims to “fully reopen the economy.” Thereafter, California will align its mask guidance with the Centers for Disease Control and Prevention’s mask guidelines for fully vaccinated individuals.
The recent rollout of various COVID-19 vaccines has raised many questions around their availability, distribution, and requirements for employers and other groups, including essential insurance, liability, and enforcement considerations. Here we provide key legal and regulatory perspectives for those organizations providing access to the vaccines and/or mandating vaccination. Highlights include the state and federal laws providing protection to organizations during an outbreak of an infectious disease and what employers contemplating the administration of a closed point-of-delivery (POD) vaccination program need to know.
Partners Louise Skinner and Lee Harding authored an article for International Employment Lawyer that outlined strategies for maintaining a healthy workplace culture.
The Centers for Disease Control and Prevention (CDC) updated its guidance for fully vaccinated individuals on May 13 to state that “fully vaccinated people no longer need to wear a mask or physically distance” in most settings, subject to applicable law or workplace guidance.
Members of our labor and employment team recently published a LawFlash discussing and analyzing the New York Health and Essential Rights Act (the HERO Act), which was signed into law on May 5, 2021 by New York Governor Andrew Cuomo. The HERO Act requires the New York State Department of Labor and New York State Department of Health to create industry-specific airborne infectious disease standards that must be used by all employers doing business within the State of New York.
Update: The UK Home Office has announced that the temporary COVID-19 adjusted right-to-work checks will now end on 20 June 2021, as opposed to 17 May 2021. From 21 June 2021, employers will be required to revert to face-to-face and physical document checks as set out in the legislation and guidance and further detailed below. This is a welcome change for many businesses whose offices remain closed, and is aligned with the easing of lockdown restrictions and social distancing measures, as set out in the government’s roadmap for England and those of the devolved administrations.
The Biden-Harris administration announced on May 5 its intent to support a waiver on intellectual property protections on COVID-19 vaccines. The scope of any potential waiver is subject to further negotiation at the World Trade Organization (WTO). Any decision made at the WTO level requires a consensus among all of its 164 members.
Associate Alana Genderson spoke to K-12 Dive about the potential of US schools to require students to receive the COVID-19 vaccine before returning to campus.
Morgan Lewis associate Alanda Genderson spoke to Axios about the possibility of schools in the US requiring students to receive COVID-19 vaccines as they are approved for younger people.
Morgan Lewis partner Sharon Masling spoke to CNBC about schools requiring students to be vaccinated before returning to school.
New York Governor Andrew Cuomo signed the New York Health and Essential Rights Act (the HERO Act) into law on May 5, 2021, requiring the New York State Department of Labor and New York State Department of Health to create industry-specific airborne infectious disease standards that must be used by all employers doing business within the State of New York.
Associate Daniel Kadish was quoted by SHRM in an article about challenges for employers as much of the workforce continues to work remotely during the pandemic.
New York Gov. Andrew Cuomo, New Jersey Gov. Phil Murphy, and Connecticut Gov. Ned Lamont jointly announced on May 3 a significant easing of the remaining capacity restrictions on business operations related to the COVID-19 pandemic.
In response to the surge in COVID-19 cases in India, the Biden-Harris administration announced on April 30 that the COVID-19-related admission bans currently in place will be expanded to include travelers from India. The ban is currently scheduled to go into effect at 12:01 am EDT on May 4.
Partner Daryl Landy spoke with HR Today about California’s paid sick leave mandates amid the COVID-19 pandemic. In the article, Daryl discussed the expansion of the benefits under SB 95, the latest regulation.
Associate Daniel Kadish spoke with HR Magazine about the role of vaccination cards in the workplace. In the article, Daniel discussed tips for employers if employees lose their vaccination cards, as well as other scenarios.
Given the significant push to vaccinate the public since the start of 2021, the increasing availability of vaccines, and the need to recruit additional personnel to administer vaccinations, the secretary of the US Department of Health and Human Services (HHS) has again amended its declaration under the Public Readiness and Emergency Preparedness Act (PREP Act) to accommodate some workforce barriers that had not been previously contemplated.
States and localities across the country are continuing to respond as quickly and effectively as possible to the coronavirus (COVID-19) outbreak. These responses include guidance for taxpayers on numerous topics, such as providing tax relief through filing and payment deadline extensions.
Philadelphia enacted a new version of its Public Health Emergency Leave (PHEL) Ordinance on March 29. The new ordinance amends the emergency regulations the city enacted in November 2020 to expand paid sick leave access for workers during the COVID-19 pandemic. Under the new ordinance, which will remain in effect for the duration of the pandemic, covered employers must immediately provide up to 80 hours of paid sick leave to qualifying employees for certain COVID-19-related reasons.
Expectations for positive turns in many spheres of life, both commercial and social, have sprung at the arrival of COVID-19 vaccination. One of the popular questions is whether vaccination could change the current preference for working remotely (even as we see gradual easing of the remote work requirement in Russia) or whether it would be required as a condition to work in office. In this LawFlash we address whether an employer can require employees to vaccinate, whether the employee can seek to discontinue remote work following vaccination, and related matters.
It’s now been over a year since the COVID-19 pandemic was declared a public health emergency, ushering in monumental changes for telehealth regulation. If you’ve been following Health Law Scan, we hope our updates have provided some clarity to the everchanging regulatory healthcare framework and the legal issues that can vary across payers, across states, and even across countries.
Partner Sharon Masling was interviewed by NJ Spotlight News about a new state law that opens the door to employer-mandated vaccinations before allowing employees to return to work.
California Governor Gavin Newsom signed into law Senate Bill 95 (SB 95) on March 19, 2021. SB 95 requires employers to provide employees with supplemental paid sick leave (CSPSL) for various absences related to COVID-19 and creates Cal. Lab. Code 248.2. This supplemental paid sick leave would be in addition to any other paid time off benefits to which the employee may be entitled.
Our immigration team has been actively publishing resources as the Biden administration continues to make changes to existing immigration framework. These topics may be of importance to Health Law Scan readers, and we encourage you to access these publications below.
PHILADELPHIA, March 22, 2021: At the 2021 Jeffrey S. Moorad Sports Law Journal symposium, Morgan Lewis partners Grace Speights and Baird Fogel will tackle some of the most relevant issues facing the sports industry today.
Morgan Lewis partner Jonathan Zimmerman spoke with Law360 about the new COBRA subsidies introduced by the American Rescue Plan Act (ARPA). The passage of ARPA means that eligible employees who were laid off or had a reduction in hours as a result of COVID-19 can stay on their workplaces health plans for free within the extended 18 months of coverage from COBRA.
Employers should note several recent legislative and regulatory developments in New York State related to the COVID-19 pandemic. On March 12, Governor Andrew Cuomo signed legislation entitling all public- and private-sector employees in the state to up to four hours of paid leave per injection to receive the COVID-19 vaccination.
Partners Matthew Mock and Cosimo Zavaglia and associate Colleen Redden authored a Tax Notes article about the potential implications of remote workers displaced by the COVID-19 pandemic on state corporate taxes. In the piece, they explain the income tax nexus in relation to remote work, guidance released by select states, and options for corporations seeking to protect themselves from nexus assertion.
Morgan Lewis partner Jacqueline Aguilera was quoted in an HR Magazine article about the COVID-19-related questions that are top of mind for employers.
In a Law360 feature, Morgan Lewis partner Dennis Gucciardo and associate Jacob Harper highlighted some of the defining moments for the healthcare and life sciences industries in the year since the US government declared the COVID-19 pandemic of sufficient severity and magnitude to warrant an emergency declaration.
Morgan Lewis associate Daniel Kadish spoke with the Washington Post about the potential for employers to compel employees to be vaccinated. “The thought process is the vaccine stops people from having severe illness or developing severe complications from COVID-19, and so it could help the individual from becoming a direct threat to themselves or others in the workplace,” said Dan.
On 3 March 2021, the UK government confirmed the continuation of the Coronavirus Job Retention Scheme (CJRS) through the end of September 2021. The CJRS was due to end on 30 April 2021 and has, so far, supported more than 11.2 million employees since its inception in March 2020.
In an unexpected development, the US State Department on March 2 rescinded the “National Interest” (NIE) exception determinations relating to Presidential Proclamation 10143. Presidential Proclamation 101043, which was issued by President Joe Biden on January 25, 2021, bars the admission into the United States of persons (other than United States citizens, permanent residents, and other discrete classes of foreign nationals) who were physically present in the Schengen area, the United Kingdom, the Republic of Ireland, Brazil, and South Africa during the 14 days before their attempted entry into the country.
As businesses continue to grapple with the effects of the pandemic in the spring of 2021, the Equality and Human Rights Commission (EHRC) has granted companies a six-month extension to report their gender pay figures. Employers should aim to report by 4 April 2021 wherever possible, but the EHRC will not take any enforcement action until 5 October 2021 in order to “strike the balance” between supporting businesses and the Regulations (as defined below). The annual April deadline introduced in 2017 was suspended entirely in 2020 due to COVID-19.
The Centers for Disease Control and Prevention (CDC) has been actively reviewing its COVID-19 guidance over the past few weeks and as expected, the new administration has issued significant new guidance and updates. These updates include direction on topics relevant to employers, including testing, quarantining, and mask-wearing. First, new CDC guidance on testing advises employers to seek informed consent for any workplace-based COVID-19 testing program.
The US Department of Health and Human Services Office of Inspector General (OIG), the Department of Justice (DOJ), and other federal regulators have grown increasingly concerned about the use of telehealth technologies by perpetrators of various fraud schemes. While this is in part due to the meteoric rise in use of telehealth services during the past year and the need to quickly formalize permanent policy around the technology, the federal government’s concern extends well before the COVID-19 public health emergency (PHE).
Morgan Lewis partner John Lavelle discusses the pro bono efforts of Morgan Lewis in coordination with Community Legal Services (CLS) to represent Pennsylvanians denied emergency food assistance during the COVID-19 pandemic in this column written for the Philadelphia Bar Reporter.
In a recent International Employment Lawyer article, Morgan Lewis associate Daniel Kadish discussed the issues employers are considering around requiring employees to receive a COVID-19 vaccine.
As part of President Joe Biden’s efforts to address the continuing impact of the COVID-19 pandemic on American families, on February 16, the US Department of Housing and Urban Development, US Department of Veterans Affairs, and US Department of Agriculture (together, the agencies) announced a coordinated extension and expansion of forbearance and foreclosure relief programs. This announcement extends and expands the agencies’ forbearance and foreclosure relief programs through June 30, 2021. The programs were due to expire in March.
Morgan Lewis partners Louise Skinner and Lee Harding authored an article for Employee Benefits about the UK government’s spending review. The spending review, which is due to come into force in April 2021, gained particular attention this year due to the financial impact of the pandemic. In the article, Louise and Lee detail the financial measures that have been put in place to help support long-term unemployed people, and explain what public service spending will look like after April.
The US Department of State announced on February 10 that students possessing valid F-1 and M-1 visas who are seeking admission to the United States from the Schengen area countries, the United Kingdom, and Ireland no longer need to seek a National Interest Exception (NIE) to enter the United States. These travelers will automatically be able to enter the United States under a general NIE, without needing to obtain preauthorization from a US consular post.
Cybersecurity has earned its place at the top of organizations’ risk concerns during the COVID-19 pandemic. Remote working, an array of communication solutions and hardware being used by organizations, and the accelerated leveraging of cloud-based outsourcing solutions have increased the chain of potential vulnerabilities to cyberattacks.
The UK Supreme Court in the Financial Conduct Authority’s business interruption test case has overturned a decade-long standing judgment relating to causation and how the “trends” clauses should be interpreted. The decision overturning Orient-Express constitutes a massive pendulum swing from an insurer-friendly interpretation to a policyholder-favoured approach, which will have far-reaching consequences on the insurance sector generally.
Morgan Lewis partner Giovanna Cinelli noted in a Global Investigations Review article that the flexibility demonstrated by the Justice Department’s National Security Division, the Commerce Departments’ Bureau of Industry and Security, and the State Department’s Directorate of Defense Controls amid the COVID-19 pandemic has allowed companies under investigation more time to respond to demands for information.
Partner Sharon Masling was quoted in a Bloomberg Law article about more employers offering financial incentives in exchange for their employees getting the COVID-19 vaccine. The quickly evolving situation touches on a number of areas in employment law, including health privacy laws and the Americans with Disabilities Act (ADA).
The Japanese government announced on February 2 that it will continue to make 10 prefectures (except for Tochigi) subject to the Second Declaration of a State of Emergency until March 7, 2021, considering the overwhelming pressure on the medical system due to the COVID-19 pandemic.
Partner Cosimo Zavaglia spoke with Law360 about the potential implications of a US Supreme Court case regarding state income taxes imposed on nonresident workers who are working from home amid the COVID-19 pandemic.
Despite a strict prohibition on gatherings of more than two persons in any public place in Hong Kong through at least February 17, there is an exemption for shareholders’ meetings of companies listed on the Stock Exchange of Hong Kong, with certain conditions.
In one of the last proposed notices from the US Department of Health and Human Services (HHS) under the Trump administration, HHS removed the 510(k) premarket notification requirement for seven types of gloves and proposed the same for 84 other devices ranging from gowns to ventilators.
With telehealth surging around the globe due to the COVID-19 pandemic, the UK National Health Service has released guidance that provides a set of good practice principles for third-party partners to follow.
In response to delayed EU shipments of certain COVID-19 vaccines to the European Union, the European Commission (Commission) passed on 29 January 2021 Regulation 2021/111 (Export Authorization Regulation) which is in force from 30 January 2021. The Commission intends for the Export Authorization Regulation to apply until at least 31 March 2021.
HM Treasury in the United Kingdom released its sixth direction concerning the Coronavirus Job Retention Scheme on 26 January 2021. Many of the central features of the furlough scheme have not changed, including the level of the government’s contribution to employees’ wages. However, certain dates have been amended and the direction addresses issues that employees on variable pay would have faced under the scheme had the latest changes not been made. Employers will also be interested to know that HM Revenue & Customs has started to publish details of companies that have made claims through the scheme since December 2020.
January was a busy month for the US Food and Drug Administration’s precision medicine efforts, as the agency produced guidance on ASO drugs for patients with debilitating or life-threatening genetic disorders and guidance on manufacturing considerations for certain cellular and gene therapy products during the COVID-19 pandemic.
Among other features, the new guidance recommends that employers implement a COVID-19 prevention program and identifies key measures for limiting the spread of COVID-19.
Morgan Lewis partner Lee Harding and associate Will Mallin co-authored an article for Employment Law Journal about a recent High Court judgement, which held that the UK government failed to extend health and safety protections to “limb b” workers.
As the United States races to deliver safe and effective coronavirus (COVID-19) vaccines under the Biden administration, employers, healthcare providers, and many others are assessing what it means for their industries and organizations.
Virginia employers should take note of how the new COVID-19 permanent standard differs from last summer’s temporary standard and ensure that training and policies are updated accordingly.
In an effort to curb the further spread of COVID-19, President Joe Biden has extended restrictions on US admission from the Schengen Area, the United Kingdom, Ireland, and Brazil as of January 26, and expanded the restrictions to include travel from South Africa as of January 30. The new restrictions prohibit travel from any of these regions during the 14-day period preceding anticipated entry to the United States, with certain exceptions.
The Internal Revenue Service (IRS) issued Notice 2021-10 on January 19, which extends relief to Qualified Opportunity Funds (QOFs) and their investors as a response to continued challenges brought on by the COVID-19 pandemic.
Immediately following his inauguration on January 20, US President Joseph R. Biden, Jr. began taking executive action to enact many of his administration’s initial priorities, which included a number of executive orders, memoranda, and directives to cabinet agencies to address policies he detailed during his campaign, including the COVID-19 pandemic, climate change, equality, and the global economy. To help clients navigate potential changes from these actions, Morgan Lewis has provided a quick analysis of many of these orders and their impact. We will release more detailed pieces as the president unveils additional specifics of his First 100 Days plan.
This LawFlash provides a summary of the UK Supreme Court’s final decision in the FCA Business Interruption test case. The judgment is more policyholder friendly than the High Court judgment, particularly in relation to causation and quantification, and will have a far-reaching and long-lasting impact on policy interpretation.
The Internal Revenue Service (IRS) issued Revenue Procedure 2021-12 on January 14, extending the safe harbors in Revenue Procedures 2020-26 and 2020-34 to September 30, 2021. This LawFlash discusses the portion of Revenue Procedure 2021-12 relating to Revenue Procedure 2020-26. The safe harbors were previously set to expire and would not apply to forbearances and related modifications entered into after December 31, 2020. As the coronavirus (COVID-19) emergency persists, the extension in Revenue Procedure 2021-12 provides welcome relief to the securitization industry, which faced uncertainties over the tax consequences that such an expiration could have on securitization vehicles such as real estate mortgage investment conduits (REMICs) and investment trusts.
The US Department of Health and Human Services (HHS) announced on Friday, January 15, 2021, one month before the former reporting deadline, that it will push back the CARES Act Provider Relief Fund (PRF) reporting timeline due to the enactment of the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (the Act).
Following the announcement of its third national lockdown on 5 January 2021, the UK government has updated its guidance on the Coronavirus Job Retention Scheme, stating that employers may furlough employees in circumstances where an employee’s health has been adversely affected by COVID-19 or where the employee is prevented from working or required to work reduced hours due to COVID-19 or care responsibilities as a result of lockdown.
In response to the changes in the transmission of COVID-19, both domestically and across the globe, the UK government has announced that passengers from all international destinations will now be required to present a negative COVID-19 test result before departing for England.
The US Centers for Disease Control and Prevention issued an order on January 12 stating that all air travel passengers over the age of 2 (including US citizens and green card holders) are required to obtain a negative COVID-19 test prior to departing any foreign country or to produce evidence of their recovery from COVID-19.
Morgan Lewis partner Cosimo Zavaglia was quoted in Law360 Tax Authority in an article about state tax provisions stemming from the latest COVID-19 relief act, which allowed Paycheck Protection Program payments to be deductible on federal income tax.
Morgan Lewis associate Daniel Kadish was quoted in an HR Magazine article about best practices for employers amid the COVID-19 vaccine rollout. In the piece, Daniel noted that an employer must provide "reasonable accommodations" to workers who decide not to get the COVID-19 vaccine because of religious or disability concerns.
Morgan Lewis partner Sharon Masling discussed the future of remote working as part of a series of 2021 predictions collated by Legaltech News. Sharon, a director of the firm’s workplace culture consulting group, said, “Although vaccines offer some hope for returning to a pre-pandemic in-person work environment, remote work has become the new normal and employees increasingly expect to have remote work flexibility.”
Our finance, corporate and business transactions, litigation, and tax teams recently published a LawFlash discussing the new coronavirus (COVID-19) relief stimulus package that is part of the Consolidated Appropriations Act, 2021 (CAA), highlighting key provisions and guidance for small businesses seeking to participate in the revived Paycheck Protection Program (PPP).
The US Congress has passed a spending bill that includes $285 billion to extend and expand the Paycheck Protection Program, providing new first-time loans and adding second-draw loans to help support small businesses. This LawFlash discusses the new stimulus package that is part of the Consolidated Appropriations Act, highlighting key provisions and guidance for businesses seeking to participate in the revived program.
Partners Sharon Perley Masling, Carrie Gonell, and Cosimo Zavaglia and associate Daniel Kadish authored a Bloomberg Law article about the legal issues concerning employees who are working remotely from other states and jurisdictions to which they relocated for the long term because of COVID-19.
Morgan Lewis partner Sharon Perley Masling spoke with The Washington Post for an article about the likely implications of COVID-19 on the 2021 workplace.
A new coronavirus (COVID-19) relief bill—the Consolidated Appropriations Act, 2021, which includes the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (the Act)—was signed into law on December 27. The Act not only contains tax provisions to provide direct relief to individuals, but also includes tax benefits for various industries, including the “green” energy and technology industries.
The Main Street Lending Program is designed to help companies that were in sound financial condition prior to the coronavirus (COVID-19) pandemic to maintain their operations and payroll until conditions normalize. This White Paper gives a broad understanding of the program terms and implications by delving into the key questions market participants are likely to have about the program and addressing the latest changes implemented in the final legal forms and agreements.
Morgan Lewis partner Sharon Perley Masling spoke with Bloomberg Law about the legal questions for employers around mandating the COVID-19 vaccine. “Whether to mandate the vaccine is obviously an industry-by-industry and employer-by-employer decision,” said Sharon. “In most cases, however, our clients are deciding to strongly encourage their employees to get the vaccine rather than require them to do so while the vaccine is under an EUA.”
The Food and Drug Administration (FDA or the Agency) spent the remaining weeks of 2020 issuing Emergency Use Authorizations (EUAs) for the first over-the-counter (OTC) COVID-19 test to be performed at home and the first OTC home sample collection kit for COVID-19 testing, as well as additional prescription at-home tests and sample collection kits.
Partner Sharon Perley Masling was quoted in a Boston Globe article about best practices for employers seeking for their workforce to get the COVID-19 vaccine.
The coronavirus (COVID-19) pandemic constituted a “natural disaster” under a contract’s force majeure provision, Judge Denise Cote of the US District Court for the Southern District of New York recently ruled in JN Contemporary Art LLC v. Phillips Auctioneers LLC, No. 20-cv-4370, 2020 WL 7405262 (SDNY Dec. 16, 2020). This decision appears to be one of the first by a federal judge concerning such contractual language. Other courts may look to Judge Cote’s lengthy analysis of the meaning of the phrase “natural disaster” in this context when interpreting similar contractual language.
The United Kingdom on 2 December became the first country to approve the Pfizer-BioNTech vaccine for coronavirus (COVID-19), with approximately 500,000 people receiving the vaccine in the first two weeks of the largest vaccination programme in British history.
UK Chancellor Rishi Sunak announced on 17 December that the Coronavirus Job Retention Scheme (CJRS) is to be extended until 30 April 2021. This represents a further extension of one month.
Morgan Lewis partner Jonathan Zimmerman spoke with Law360 for an article about the impact the COVID-19 pandemic has had on employee benefits. In the article, he discussed the approaches employers are taking in regard to unused paid vacation time including 401 (k) contributions.
Businesses in the United Kingdom which engage contractors through intermediaries should prepare now for changes to the “IR35” rules that will take effect in April 2021.
Morgan Lewis partner Sharon Masling spoke with CBS News about the Equal Employment Opportunity Commission’s recently released guidance that employers can mandate employees be vaccinated for COVID-19 in certain circumstances.
On the heels of the US Food and Drug Administration’s first issuance of an Emergency Use Authorization for a coronavirus (COVID-19) vaccine, the Equal Employment Opportunity Commission published an updated technical assistance bulletin that begins to address some of the questions employers have raised regarding whether they can require employees to get vaccinated for COVID-19, as well as considerations employers should be aware of if they do offer a COVID-19 vaccination program.
With coronavirus (COVID-19) vaccines on the horizon amid the surging pandemic, critical extensions expand the scope of liability immunity under the PREP Act.
Morgan Lewis partner Sharon Perley Masling spoke with the HuffPost about the potential for employers to require employees to get a COVID-19 vaccine. “Most clients right now are leaning toward encouraging rather than requiring the vaccine, just because there are still so many unanswered questions,” said Sharon in the article. “I think it is wise for employers to start planning, but those plans are going to be revised as we get more information.
Governor Gavin Newsom announced a regional stay-at-home order on December 3 in response to the unprecedented surge of coronavirus (COVID-19) cases in California.
Associate Jacob Harper spoke with Modern Healthcare about the need for congressional action as the coronavirus (COVID-19) pandemic continues to increase the use of telehealth services.
Partner Jason Mills was quoted in a Bloomberg Law article about the California Division of Occupational Safety and Health’s new emergency coronavirus (COVID-19) worker infection prevention rule, which took effect in late November.
Partner Jonathan Snare and associate Alana Genderson spoke with HR Magazine for an article about what employers may expect regarding enforcement by the Occupational Safety and Health Administration (OSHA) under a Biden administration.
Morgan Lewis partner Sharon Perley Masling spoke with The Washington Post about the unanswered questions employers are facing regarding a potential COVID-19 vaccine.
Morgan Lewis partners Susan Harthill, Jennifer Breen, and Kenneth Polite authored a Law360 article about the pace of personnel changes that could result in federal agencies under a Biden administration.
The Commodity Futures Trading Commission (CFTC) recently issued an interim report by CFTC Staff on the April 2020 price collapse of the West Texas Intermediate light sweet crude oil futures contract (WTI Futures Contract).
As the number of coronavirus (COVID-19) cases continue to rise throughout the country and the impact of the pandemic on employers continues unabated, many employers and employees are exploring not only how to work remotely, but whether and where to work remotely. Remote work continues to be required or strongly encouraged in some areas, and remote work may also appeal to employers as they respond to employee concerns about in-person work and consider potential cost savings. However, businesses that either ask or permit employees to work remotely on a long-term basis should be cognizant of the numerous potential legal implications, as well as business concerns that these arrangements can create.
A LawFlash authored by Morgan Lewis partners Sharon Perley Masling and Kathy Sanzo, and associates Alana Genderson, Christopher Jaynes, and Maria Kalousi-Tatum was quoted in an EHS Today article about the potential for employers to establish policies related to a COVID-19 vaccine.
Morgan Lewis of counsel Kimberley Lunetta and associates Alana Genderson and Daniel Kadish’s BOMA New York presentation, “Minimizing General & Employment Law Liability,” was featured in a recent Real Estate Weekly article.
Morgan Lewis partner Jeffrey Boujoukos spoke with Law360 for an article about the likely impact of the COVID-19 pandemic and a Biden administration on the US Securities and Exchange Commission’s (SEC’s) enforcement priorities.
The Centers for Disease Control and Prevention (CDC) issued new interim guidance on November 16, revising the approach businesses should take when determining whether critical infrastructure workers who have been exposed to persons with suspected or confirmed coronavirus (COVID-19) may continue to work in person.
The eagerly anticipated news of coronavirus (COVID-19) vaccine candidates last week has been welcomed by the scientific community across the globe. For employers, the news has prompted consideration of the potential implications of a successful vaccine for the workplace.
The Small Business Administration recently announced new questionnaires for purposes of gathering information from borrowers related to the economic necessity certification under the Paycheck Protection Program.
Morgan Lewis partner Jonathan Snare spoke with Business Insurance for an article about coronavirus (COVID-19)-related safety protocols.
MedTech Dive featured comments from Morgan Lewis partner Dennis Gucciardo in an article about the US Department of Health and Human Services directive to the US Food and Drug Administration to review requests for emergency use authorization for COVID-19 laboratory developed tests "in a timely manner.”
A federal district court in California issued a series of orders to dismiss claims in a putative class action by Major League Baseball ticket purchasers against ticket sellers, sports teams, and the league.
Morgan Lewis partner and co-leader of the firm’s education industry team Ami Wynne spoke with Boston Business Journal about the firm’s efforts to support clients in the higher education sector amid the coronavirus (COVID-19) pandemic, and shared her observations on new trends of resource sharing between universities and taxing endowments.
President-elect Joseph Biden has indicated that he will make significant changes to the policies and practices of the prior administration that will impact the public and employers, including in the sports industry.
HM Revenue & Customs (HMRC) in the United Kingdom (UK) has released its full guidance for the Coronavirus Job Retention Scheme (CJRS) extension, which was first announced by the UK government on 31 October 2020. The scheme has since been extended until 31 March 2021.
Healthcare systems have been on the front lines of the coronavirus (COVID-19) pandemic and may have several questions about how to manage workforce challenges as we look toward the upcoming months.
Partners Althea Day, Randall Tracht, and Johnathan Zimmerman authored a Pratt’s Energy Law Report article about the challenges energy companies face as they return to “normal” operations amid the coronavirus (COVID-19) pandemic.
With the US Food and Drug Administration’s first issuance of an Emergency Use Authorization for a COVID-19 vaccine, employers should consider the implications a new vaccine will have on their workplaces. Although much remains speculative, employers can look to the regulation of current vaccines as the basis for their preliminary planning. Those who begin to plan now will be better positioned to navigate the various risks and issues involved.
The United Kingdom has announced a second extension to the country’s Coronavirus Job Retention Scheme (CJRS) in less than a week. The CJRS will now run until 31 March 2021, with some revised details compared to the previous versions of the scheme.
Morgan Lewis partner Louise Skinner was quoted by Personnel Today in an article about the extension of the UK’s Job Retention Scheme, which has caused challenges for many employers.
New York Governor Andrew Cuomo announced on October 31 that all travelers from out of state must quarantine for 14 days upon entrance and/or return to New York unless they meet specific exemptions.
To alleviate plan sponsor financial burdens during the height of the coronavirus (COVID-19) pandemic, Section 3608 of the CARES Act delayed the due date for required minimum contributions for defined benefit pension plans otherwise due in 2020.
The United Kingdom’s Coronavirus Job Retention Scheme has been extended by one month, replicating the furlough measures previously in place April through July.
The UK Financial Conduct Authority recently published Policy Statement 20/12, which sets out the final rules on the extension of the Senior Managers and Certification Regime implementation deadlines for the certification regime and conduct rules.
Employers in New Jersey should be aware that a recent executive order mandating safety protocols in the workplace amid the coronavirus (COVID-19) pandemic creates complaint mechanisms for whistleblowers, with the potential for significant penalties, including business closure.
Effective immediately, Michigan will require employers to make coronavirus (COVID-19) workplace exposure determinations for all job tasks and procedures, prepare written preparedness and response plans, and implement a series of workplace protections.
The US Department of Health and Human Services (HHS) issued two welcome announcements on October 22 relating to the CARES Act Relief Fund Provider Relief Fund (PRF). First, the agency expanded the pool of eligible recipients to “include provider applicants such as residential treatment facilities, chiropractors, and eye and vision providers that have not yet received Provider Relief Fund distributions.”
Morgan Lewis partner Anne Marie Estevez was quoted by Law360 in an article about the effect of COVID-19 on the retail sector, especially heading into what was traditionally a busy holiday season.
The Environmental Protection Agency will expedite review of certain types of applications for new and amended registrations of pesticide products intended for use against the coronavirus (COVID-19).
Morgan Lewis partner Louise Skinner authored an article for CityWorks that provides guidance for employers about how to best support parents during the pandemic.
Morgan Lewis partner Jacqueline Cookerly Aguilera spoke with SHRM for part three of a series on the coronavirus (COVID-19) related questions that are top of mind for HR professionals.
Under the assumption that the coronavirus (COVID-19) public health emergency (PHE) will continue into 2021, the US Nuclear Regulatory Commission (NRC) Staff hosted a public meeting via teleconference on October 15 to discuss future requests for relief from regulatory requirements.
Morgan Lewis partner Leni Battaglia and associate Daniel Kadish authored a Law360 article about a recent New York State Department of Health executive order that requires companies in specific geographic areas to enact new restrictions to mitigate coronavirus (COVID-19) transmissions in those areas. In the piece, they discuss best practices for companies and key considerations regarding paid leave.
Information Services Group (ISG) reported that the global outsourcing industry is slowly recovering from the industry’s dip in performance during the second quarter of 2020 due to the coronavirus (COVID-19). Data measuring commercial outsourcing contracts with annual contract values (ACV) of $5 million or more show that third-quarter ACV for the global market rose 3% to $14.6 billion.
Morgan Lewis partner Jonathan Snare was quoted in an article by SHRM about the Occupational Safety and Health Administration's (OSHA's) clarification on the reporting rules for potential coronavirus (COVID-19) cases at work.
Following an increase in documented coronavirus (COVID-19) cases, New York Governor Andrew Cuomo issued an executive order permitting the state Department of Health to identify geographic areas that require enhanced public health restrictions based on clusters of COVID-19 cases. The permitted restrictions include mandatory business closures, and are to be based on risk-level categorizations (red, orange, or yellow risk zones) with corresponding levels of constraint meant to mitigate COVID-19 transmissions in those areas.
In response to the coronavirus (COVID-19) pandemic, President Vladimir Putin authorized the heads of Russian regions to determine the lockdown rules depending on the epidemiological situation in a particular territory. In this alert we address the most recent restrictions introduced by the Mayor of Moscow, including new reporting requirements.
Morgan Lewis partner Sharon Perley Masling was quoted in a Business Insider article about what companies can do to support a safe return to offices amid the coronavirus (COVID-19) pandemic.
The primary focus of many retailers in the near term will likely be on staying afloat and addressing their liquidity needs, the health and safety of their employees and customers, the overall health of their businesses, and how best to pivot their business models to adapt to shifting consumer preferences and expectations in the wake of the ongoing coronavirus (COVID-19) pandemic.
The Small Business Administration recently issued a procedural notice to Paycheck Protection Program lenders addressing the treatment of PPP loans in the context of a “change of ownership” of the borrower and whether prior SBA approval must be obtained in such transactions. This LawFlash provides key takeaways relevant to M&A transactions involving PPP borrowers.
This LawFlash is the second in a series following the judgment in the FCA’s Business Interruption Test Case. Previously we have discussed the “insured peril” under business interruption (BI) insurance policies, and the interconnected issues of causation and the “Trend Clause.”
Chancellor Rishi Sunak outlined a new sixth-month Job Support Scheme (JSS) on 24 September to replace the coronavirus Job Retention Scheme (JRS) that is due to end on 31 October 2020.
Morgan Lewis partners Matthew Schernecke and Kristen Campana authored a Bloomberg Law article about the concessions lenders have made in exchange for additional credit support, capital contributed, and/or additional covenants amid the coronavirus (COVID-19) pandemic.
California Governor Gavin Newsom signed Assembly Bill 685 on September 17, enhancing the state Division of Occupational Safety and Health’s (Cal-OSHA’s) enforcement of coronavirus (COVID-19) infection prevention requirements.
California Governor Gavin Newsom signed into law Assembly Bill 1867 on September 9, requiring private employers with 500 or more employees nationwide to provide California employees with paid sick leave for coronavirus (COVID-19)-related absences.
The coronavirus (COVID-19) pandemic continues to impact the biopharmaceutical industry. In a recent guidance, Resuming Normal Drug and Biologics Manufacturing Operations During the COVID-19 Public Health Emergency (the Guidance), FDA provides manufacturers a heads up on steps they should consider when resuming normal operations.
The eagerly anticipated judgment of Lord Justice Flaux and Mr. Justice Butcher in the Financial Conduct Authority’s (FCA’s) test case in relation to cover afforded under various business interruption wordings has now been handed down and the ramifications of the judgment will begin.
Morgan Lewis partner and leader of the firm’s private client practice Christina Fournaris spoke with Penn Today about estate planning amid the pandemic. In the article, Christina outlined best practices and resources that are especially important during this time.
Morgan Lewis partner Sharon Masling spoke with SHRM for an article about best practices for employers seeking to resolve co-worker conflict arising from the coronavirus (COVID-19) pandemic. Sharon stressed the importance of strong prevention protocols, regular communication, consistent application of COVID-19 polices, and need for transparency.
Morgan Lewis associate Alana Genderson’s presentation at BOMA NY’s Adaptive Workplace Strategies: Planning for Today & Post-COVID virtual seminar was highlighted in a New York Real Estate Journal article on the seminar.
The US Internal Revenue Service (IRS) issued news release IR-2020-194 on August 28, approving the temporary use of digital signatures for certain IRS forms that must be filed with the IRS manually.
The Centers for Disease Control and Prevention (CDC) on September 1 issued an order under Section 361 of the Public Health Service Act to temporarily—at least through the end of 2020—halt residential rental evictions for Americans struggling to pay rent due to the coronavirus (COVID-19) pandemic.
Morgan Lewis partner Andrew Budreika was quoted in a Washington Business Journal article about the hurdles the Small Business Administration's (SBA’s) Paycheck Protection Program present companies that are seeking to buy or sell.
California Governor Newsom announced the “blueprint for a safer economy,” a gradual process for reopening businesses in California, on August 28. A replacement for the County Monitoring List, the blueprint is a four-tier, color-coded system for business reopening based on each county’s specific coronavirus (COVID-19) case rates and percentage of positive tests.
The US Department of Health and Human Services (HHS) on August 19 published a sweeping announcement, Rescission of Guidances and Other Informal Issuances Concerning Premarket Review of Laboratory Developed Tests, in which it stated that the Food and Drug Administration (FDA) would not require premarket review of laboratory developed tests (LDTs) without notice-and-comment rulemaking.
Key questions and issues facing the UK retail sector, an industry that has been acutely impacted by the coronavirus (COVID-19) pandemic, include mitigation strategies, reopening in line with government guidance, and future expected challenges.
While retailers in China have been permitted to reopen, required steps to do so include health and sanitation measures. Some local governments are also considering extending the weekend in order to stimulate consumption and promote economic recovery.
The Financial Conduct Authority (FCA) has challenged eight insurers in a business interruption insurance test case in order to seek coverage for insureds. The UK’s financial services industry regulator is taking an adversarial stance in order to determine whether 17 different policy wordings can provide cover for businesses across the country, in the hope this will provide a level of certainty at this difficult time for businesses.
As state revenue agencies train their auditors in traditional IRC §482 transfer-pricing methodologies or outsource transfer-pricing audits to third-party specialists, a recent initiative by the Indiana Department of Revenue follows another, alternative federal transfer-pricing compliance tool: advance pricing agreements (APAs).
FERC has issued an order extending the blanket waivers of all requirements to hold meetings in person and/or to provide or obtain notarized documents in open-access transmission tariffs through January 29, 2021.
As we discussed in a prior LawFlash, US President Donald Trump signed four executive actions that purportedly extend various aid measures for individuals impacted by the coronavirus (COVID-19) pandemic on August 8.
Our global healthcare industry team continues to highlight how regions around the world have quickly adapted to providing telehealth services following the coronavirus (COVID-19) pandemic.
The French government has announced that the wearing of masks in enclosed and shared spaces within private and public companies will be mandatory as of September 1, 2020. The implementation of barrier gestures and the practice of teleworking is still strongly recommended.
The US Judicial Panel on Multidistrict Litigation on August 12 denied certain plaintiffs’ motions to centralize lawsuits brought by businesses seeking insurance coverage for coronavirus (COVID-19) losses. In rejecting complete centralization, the panel ruled that there are “very few common questions of fact, which are outweighed by the substantial convenience and efficiency challenges posed by managing a litigation involving the entire insurance industry.” Here is what the ruling means for policyholders.
Morgan Lewis partner Roger Joseph spoke with Fund Directions for an article about virtual board meetings amid the coronavirus (COVID-19) pandemic.
The coronavirus (COVID-19) pandemic has caused upheaval in the global economy. This massive disruption has led to a wave of class action lawsuits relating, directly or indirectly, to COVID-19. This White Paper reviews the various categories of such class actions, the most commonly asserted theories of liability, and possible defenses to such actions, both as to the merits and against class certification.
Our labor, employment, and benefits team recently posted a LawFlash on the ruling in federal district court in New York that invalidated significant parts of a US Department of Labor rule. The ruling found that more employees are eligible for up to 12 weeks’ coronavirus (COVID-19)-related emergency paid sick leave and emergency paid FMLA leave.
Morgan Lewis partner Christine Lombardo was quoted in an article by Financial Advisor after the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a Risk Alert to advisors and brokers about practices that may not comply with the agency’s rules.
Morgan Lewis associate Jacob Harper spoke with Bloomberg Law for an article about the current state of the telehealth industry amid the COVID-19 pandemic and what the future may hold for telehealth once the virus subsides. In the piece, Jake discussed some of the biggest barriers to telehealth access, such as location rules.
During the coronavirus (COVID-19) pandemic, we have seen a dramatic shift from in-person visits to telehealth services around the globe, unveiling what may be the new normal for providing healthcare services.
Morgan Lewis partner Dennis Gucciardo spoke with MedTech Dive for an article about the COVID-19 pandemic’s impact on the US Food and Drug Administration’s enforcement efforts. In the piece, he discussed the potential for virtual inspections.
As companies adjusted to the “new normal” of coronavirus (COVID-19) restrictions, spending on cloud services has seen a boom.
This alert provides a summary of the announcement (Announcement) issued by the Kanto Local Finance Bureau (KLFB) at the beginning of August 2020. Responding to the Japanese government’s “Report concerning Promotion of Regulatory Reform,” the Financial Services Agency (FSA) announced on July 17, 2020 the FSA’s temporary treatment for applications or notifications given the circumstances of the continuing coronavirus (COVID-19) pandemic.
The CARES Act’s Paycheck Protection Program provides loans targeted to small businesses to help keep their workers employed during the coronavirus (COVID-19) pandemic, and offers loan forgiveness to borrowers maintaining a high percentage of employees on payroll. This LawFlash provides the latest developments in PPP loan availability, eligibility, and forgiveness, as well as a comprehensive overview of the PPP and related guidance.
Now that remote working may become more permanent (at least for the second half of 2020) states have released guidance on how the presence of remote workers in the state impacts an employer’s nexus in the state. In this Lawflash, we address two of the latest pronouncements from Massachusetts and Oregon.
The Department for Business, Energy & Industrial Strategy published a statement on 30 July announcing that furloughed employees will receive statutory redundancy pay based on their normal wages, rather than a reduced furlough rate.
With the world in various states of lockdown, your organization’s online presence is more important than ever…even more so with official enforcement of CCPA beginning last month. It may be a good time to spend an afternoon reviewing and updating the legal boilerplate on your organization’s website. Here is what we recommend for a basic three-part review to get you started:
The Federal Financial Institutions Examination Council (FFIEC) on behalf of its members issued a statement on August 3 setting forth prudent risk management and consumer protection principles for financial institutions as initial coronavirus (COVID-19) related loan accommodation periods end and they consider additional accommodations.
A new act in the United Kingdom provides power to HMRC to claw back coronavirus (COVID-19) support payments and issue penalties for deliberate and inadvertent misuse of such schemes.
Imagine you are the primary caretaker for your 94-year-old terminally ill mother who lives in your home while under hospice care during the coronavirus (COVID-19) pandemic.
More employees are eligible for up to 12 weeks’ COVID-19-related emergency paid sick leave and emergency paid FMLA leave after a federal district court in New York invalidated significant parts of a US Department of Labor rule on August 3. Employers should consider whether they need to adjust their leave determinations in light of the court’s decision.
A federal court on July 29 temporarily halted the public charge rule during the coronavirus (COVID-19) pandemic, while the US Citizenship and Immigration Services (USCIS) on July 31 released a new proposed schedule with increased filing fees.
The coronavirus (COVID-19) pandemic brought much of the world’s professional sport to a standstill during the first half of 2020. Set against the background of widespread border closures, there has been significant uncertainty with respect to the lawful movement of people. Here, we look at the options available for people working across the breadth of the sports sector who wish to visit or move to the United Kingdom.
The coronavirus (COVID-19) pandemic has created unforeseen and unavoidable circumstances within the healthcare industry that may provoke further crisis for hospitals, nursing homes, physicians, and other frontline healthcare providers in the form of potential liability claims for noncompliance with COVID-19 protocols or other standards.
The Federal Reserve took additional actions on April 9 to provide up to $2.3 trillion in loans to support the US economy during the coronavirus (COVID-19) pandemic. This LawFlash covers the new and expanded programs, and provides comprehensive coverage of the Coronavirus Economic Stabilization Act.
With the coronavirus (COVID-19) pandemic showing no signs of abating, many digital health developers have refocused their technical expertise to develop products for use in the pandemic, including software apps for COVID-19 screening and risk assessments, digital therapeutics, and remote patient monitoring systems.
As the coronavirus (COVID-19) pandemic resurges, PREP Act liability immunity continues to be critical for manufacturers and users of COVID-19 medical products.
Morgan Lewis FDA lawyers authored a LawFlash on June 29 summarizing FDA’s drug and biologic coronavirus (COVID-19) guidances to date.
Morgan Lewis FDA, litigation, and healthcare lawyers authored a LawFlash outlining key issues that companies marketing products and services for coronavirus (COVID-19) should be aware of, including healthcare, FDA, clinical laboratory, product liability, and digital and telehealth laws and regulations.
As summarized in a July 17 LawFlash, FDA has resumed inspections of regulated domestic facilities using a new risk assessment rating system that takes into account the reopening phase of the applicable state, and county level COVID-19 statistics.
As part of his continuing response to the increasing coronavirus (COVID-19) pandemic in California, Governor Gavin Newsom released the COVID-19 Employer Playbook on July 24 to assist employers in navigating reopening and responding to virus outbreaks in the workplace.
The UK government passed reforms on 21 July 2020 lowering the thresholds to intervene in mergers and acquisitions considered relevant to UK national security in the artificial intelligence, cryptographic authentication, and advanced materials sectors. Longer term the UK government is planning to pass further legislation to obtain additional powers of intervention in mergers impacting UK national security.
Firm Chair Jami McKeon discussed the concept of remote working with The Wall Street Journal in an article regarding employees’ preference to have the option of working outside the office instead of working part-time.
The Internal Revenue Service (IRS) recently released new guidance in IRS Notice 2020-50 and Notice 2020-51 to help owners and beneficiaries of individual retirement accounts and individual retirement annuities (IRAs) and IRA providers navigate the relief provided under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
The Commonwealth of Virginia recently became the first state in the nation to enact enforceable workplace safety standards to address the risks of coronavirus (COVID-19).
The US Food and Drug Administration’s recent policy, issued in part due to the coronavirus (COVID-19) pandemic, also suspends enforcement of Direct Marking requirements for certain Class I, Class II, Class III, and life-supporting/life-sustaining devices.
In immigration developments the week of July 13, an executive order makes persons born in Hong Kong chargeable to Mainland China for immigrant visa purposes; the policy preventing F-1 and M-1 international students from attending college fully online was abandoned; and the US Department of State clarified that there are national interest exceptions to the presidential proclamations on immigration, including for humanitarian travel, public health response, and national security.
The Centers for Medicare and Medicaid Services (CMS) recently announced that it intends to resume both prepayment and postpayment medical reviews conducted by the Medicare Administrative Contractors, Supplemental Medical Review Contractors, and Recovery Audit Contractors, including those under the Targeted Probe and Educate program, on August 3, 2020.
The US Food and Drug Administration (FDA) announced on July 10 that it will resume domestic inspections of regulated facilities and activities using a new risk assessment rating system.
Although many companies are already revisiting contractual provisions relating to nonperformance, like force majeure clauses, as the coronavirus (COVID-19) pandemic continues to wreak havoc on public health and the economy.
In response to the rising number of coronavirus (COVID-19) cases in California, effective immediately, Governor Gavin Newsom on July 13 ordered all counties in California to close all indoor and outdoor bars, brewpubs, breweries, and pubs. The order also includes restaurants’ indoor operations, wineries and tasting rooms, movie theaters, family entertainment centers, bowling alleys, zoos and museums, and cardrooms statewide. The order allows these businesses, except for bars, to operate outdoors if possible.
The United Kingdom is starting to see a return of the workforce for nonessential retail, which reopened on June 15. Shortly thereafter, the prime minister announced further easing of lockdown restrictions as the United Kingdom begins the third stage of its plan. From July 4, pubs, restaurants, hairdressers, hotels, and other outdoor activities are able to reopen if they comply with new guidance. From July 13, beauticians, spas, and salons are able to reopen. The UK government has also launched a new scheme, “Eat Out to Help Out,” to help the restaurant industry, giving diners 50% (up to £10) off their bill if they eat in a registered cafe or restaurant on a Monday, Tuesday, or Wednesday during August. To facilitate the reopening of these retail stores, the well-established two-meter social distancing rule will change to “one meter plus.” This Retail Did You Know? explores the issues UK nonessential retailers face from an employment perspective.
Morgan Lewis partner Jennifer Breen spoke with Modern Healthcare about the possibility that healthcare providers will be taxed on relief grants related to the COVID-19 pandemic.
Entry into the People’s Republic of China for employees of US companies is possible through certain limited routes, including the Regular Channel and Green Channel, plus through the newly created Shanghai Municipal Commission of Commerce.
Morgan Lewis partner Russell Franklin authored a series of Bloomberg Law articles that discussed the state of diversity in the legal industry. Throughout the columns, Russell discussed what it takes to navigate to the top of Big Law and the added challenges the coronavirus (COVID-19) pandemic has presented diverse lawyers. He also addressed what firms can do to continue the conversation around diversity and inclusion amid the pandemic.
Morgan Lewis partners Jennifer Feldsher and Julia Frost-Davies were quoted in a Law360 article which took a close look at the bankruptcy and restructuring environment so far in 2020.
Morgan Lewis managing partners Bill Nash and Ayman Klaleq were interviewed by LexisNexis for a special edition of the Lexis Middle East Law Alert magazine, which gives a round-up of legal, finance, and tax developments across the Middle East.
The Student and Exchange Visitor Program, a part of US Immigration and Customs Enforcement, on July 7 announced several modifications to temporary exemptions for nonimmigrant students taking online classes due to the coronavirus (COVID-19) pandemic for the fall 2020 semester.
If a proposed bill by the California Senate is passed, parties to certain post-pandemic healthcare transactions involving private equity groups, hedge funds, healthcare systems, facilities, and provider groups would need to plan for and obtain regulatory approval from the California attorney general.
A LawFlash authored by Morgan Lewis partners Kathy Sanzo and Jacqueline Berman was cited in a BioProcess International article about guidance recently issued by the US Food and Drug Administration (FDA) for firms developing vaccines against SARS-CoV-2. As noted by the publication, the LawFlash advised developers to track FDA’s COVID-19-related actions, “as additional guidance and modifications to existing guidances are likely to be issued as reopening plans are implemented.”
From 4 July, pubs, restaurants, hairdressers, hotels and other outdoor activities in the United Kingdom reopened but are required to comply with new guidance announced 23 June. To facilitate their opening, the well-established two-metre social distancing rule will change to “one metre plus.” This further easing of lockdown restrictions will affect employers and employees alike.
Following on from our recent LawFlash on the UK’s mandatory 14-day self-isolation measures, the UK government has announced a “travel corridor” scheme, which will enable some nationals to return to England without having to self-isolate.
Much to the relief of the healthcare provider community, US Department of Health and Human Services (HHS) spokesperson Michael Caputo tweeted on Monday that HHS intended to extend the public health emergency that was declared earlier this year.
We have summarized recommendations made by the European Council for an easement of restrictions for certain residents from July 1, 2020.
On July 1, California Governor Gavin Newsom announced closures of indoor dining and entertainment venues, as well as all bars, in 19 counties. California immediately issued Guidance describing these closures. Gov. Newsom also announced coordinated enforcement efforts, including the creation of Enforcement Strike Teams between state agencies and local counties and cities. Businesses are advised to regularly review the rules that remain in constant flux.
Morgan Lewis partners Leni Battaglia, Gregory Parks, and Melissa Rodriguez authored a Chain Store Age article about the impact of COVID-19 on luxury retail brands and best practices for reopening and continuing business. In the piece, they discuss how convincing retailers it’s safe to start shopping will be key to recovery.
Under IRS Notice 2020-50, employers sponsoring nonqualified deferred compensation plans (NQCD plans) may now allow employees to suspend their deferral elections without having to determine whether the employee has had an unforeseeable emergency for purposes of Section 409A or otherwise qualifies for a hardship under Section 401(k) if the employee received a coronavirus-related distribution from an eligible retirement plan.
In a joint press conference on June 24, New York Governor Andrew Cuomo, New Jersey Governor Phil Murphy, and Connecticut Governor Ned Lamont announced a coordinated effort to protect the tristate area from community spread of the coronavirus (COVID-19) by implementing a travel quarantine on travelers from states with a high rate of COVID-19 cases based on specified criteria. Employers should review their paid sick leave and travel policies.
The Internal Revenue Service recently published additional guidance on the coronavirus-related distributions and loans provisions of Section 2202 of the CARES Act. Notice 2020-50 is intended to assist employers and plan administrators, trustees and custodians, and qualified individuals in applying Section 2202 to take advantage of greater access to plan distributions and plan loans.
Morgan Lewis partner Philip Miscimarra spoke with SHRM for an article about union organizing efforts amid the COVID-19 pandemic.
The Consumer Financial Protection Bureau (CFPB or Bureau) issued an interim final rule (IFR) on June 23, 2020 that temporarily permits mortgage servicers to offer to borrowers impacted by the coronavirus (COVID-19) pandemic certain loss mitigation options based on the evaluation of an incomplete loss mitigation application.
To keep you abreast of these changes, our tax lawyers have produced a chart, updated regularly, detailing state and local responses to COVID-19.
The Small Business Administration on April 24 issued an update to an interim final rule, crystalizing its view that applicants that have sought protection under the US Bankruptcy Code are not qualified borrowers under the Paycheck Protection Program.
With the issuance of Notice 2020-39 (the Notice), the Internal Revenue Service (IRS) has provided relief for Qualified Opportunity Zone Funds (QOFs) and for investors in QOFs. While the relief provided in the Notice does not solve every challenge for QOFs and investors during the pandemic, investors and sponsors alike should warmly receive the specific relief.
President Donald Trump on June 22 issued an amendment to the Presidential Proclamation previously released in April, which suspended the admission of immigrant aliens to the United States. The amendment limits entry into the United States of H-1B, H-2B, J-1, and L-1 nonimmigrants and suspends issuance of those visas at consulates abroad, among other restrictions.
Elearning company Skillsoft provided two expedited alternatives to bankruptcy in its first-day filings in the Bankruptcy Court for the District of Delaware.
The US Department of Homeland Security and US Customs and Immigration Enforcement have announced extensions of previously implemented measures and flexibilities relating to coronavirus (COVID-19), specifically nonessential travel restrictions from Canada and Mexico to the United States and extended compliance flexibility for Form I-9.
Morgan Lewis partners and directors of the firm’s Workplace Culture Consulting group Chai Feldblum and Sharon Masling co-authored a Bloomberg Law article about lessons from the #MeToo movement that can help employers create safe and respectful workplaces in the midst of the coronavirus (COVID-19) pandemic.
The Multi-Ministry Taskforce has announced plans for a progressive reopening of Singapore’s economy and society as it emerges from the coronavirus (COVID-19) crisis. The taskforce has also been reviewing the border measures put in place to manage the risks of importation, and will likewise be implementing progressive changes as the borders reopen to international travel.
Charitable leave-based donation programs provide employees the option of donating leave that can be converted into cash contributions to charities assisting the victims of the novel coronavirus (COVID-19) pandemic.
Financial assistance and other relief provided to employers under the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) will have a short- and long-term impact on employee benefit plans in mergers and acquisitions. The chart below highlights some considerations buyers and sellers should consider in addressing potential “pop-up” liabilities and/or other issues relating to the CARES Act in transactions.
The Singapore government on 5 June passed the COVID-19 (Temporary Measures) (Amendment) Bill, which aims to provide eligible small- and medium-sized enterprises with rental relief. The bill is premised on a fair sharing of obligations between the government, landlords, and tenants.
Morgan Lewis partners and co-directors of the firm’s Workplace Culture Consulting group Sharon Masling and Chai Feldblum authored a Law360 article about the Equal Opportunity Employment Commission's latest guidance regarding the coronavirus (COVID-19) pandemic and best practices for employers.
As the coronavirus (COVID-19) pandemic restrictions continue to ease globally, we have compiled a list of current immigration updates for employers looking to move essential employees globally, and/or repatriate them to their home countries.
Congressional stimulus packages appropriated $175 billion in relief funds under the CARES Act and the Paycheck Protection Program and Health Care Enhancement Acts for the benefit of hospitals and other healthcare providers in response to losses incurred due to the coronavirus (COVID-19) pandemic.
The UK government on 12 June published additional updated guidance on the Coronavirus Job Retention Scheme (the Scheme), explaining how the flexible furlough arrangements can be implemented by employers looking to bring back staff in a gradual manner.
Small businesses are among the hardest hit by the coronavirus (COVID-19) crisis and the shocks to consumer demand and supply resulting from the ensuing government orders to stay at home and close nonessential businesses.
Morgan Lewis partner and co-director of the firm’s Workplace Culture Consulting group Sharon Masling was quoted in an SHRM article about updated guidance issued by the Equal Employment Opportunity Commission (EEOC) regarding the coronavirus (COVID-19) pandemic and reasonable accommodations under the Americans with Disabilities Act (ADA).
Following the declaration of a global pandemic due to the widespread transmission of the coronavirus (COVID-19), the issuance of shutdown and/or stay-at-home directives cascaded from commercial enterprises and state and local governments across the United States. During this period of extreme disruption to daily routine, the continuity and integrity of energy operations were necessary to ensure that the massive shift to home-based life could exist with minimal business disruption.
Public companies should consider recent guidance from the US Securities and Exchange Commission, increased examination and enforcement activity at both federal and state levels, and possible shareholder activism, among other effects of the coronavirus (COVID-19) pandemic.
As Latin America continues to manage the adverse economic effects resulting from the coronavirus (COVID-19) pandemic and prepares for what lies ahead, there are certain post-shutdown processes and regulatory requirements to keep in mind before the restart of operations in the region.
As part of the EPA’s recent efforts to advance its Per- and Polyfluoroalkyl Substances (PFAS) Action Plan (PFAS Action Plan), the EPA announced on February 20 its preliminary determination to regulate perfluoroctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) in drinking water. Following review of the comments submitted by the June 10 deadline, EPA will make a final determination whether to regulate PFOA and PFOS under the Safe Drinking Water Act (SWDA). Meanwhile, many states continue to move ahead with issuing their own regulations governing PFAS.
In case you missed it, the Morgan Lewis COVID-19 Legal Issue Compendium provides an overview of our firm’s key publications covering the legal and regulatory landscape relating to the coronavirus (COVID-19) pandemic.
This LawFlash provides a summary on navigating the regulatory landscape in various jurisdictions throughout the Latin America region during the global coronavirus (COVID-19) crisis.
The US Department of Labor’s chief administrative law judge (ALJ) issued an administrative order and notice on June 1, indefinitely suspending all in-person hearings before the Office of Administrative Law Judges (OALJ).
US President Donald Trump signed the Paycheck Protection Program Flexibility Act of 2020 (the Act) on June 5, modifying certain provisions related to the forgiveness of loans under the Paycheck Protection Program (PPP). We recently published a LawFlash discussing these modifications.
New York State has continued to issue the state’s phased, regional plan for reopening businesses following the statewide closure of all nonessential businesses due to the coronavirus (COVID-19) public health emergency, a process known as “New York Forward.”
During the coronavirus (COVID-19) pandemic and related economic downturn, businesses that have laid off workers may be more likely to receive a request for business information from the US Department of Labor in connection with a Trade Adjustment Assistance petition.
As Russian regions are lifting pandemic-related workplace restrictions, employers must start considering how best to cope with a vast array of issues, including restarting operations, reintegrating remote-working employees, implementing new and existing requirements, and protecting the safety of employees and customers. Employers who proactively plan for these challenges will be best positioned to adapt to the “new normal.”
The US Department of Labor (DOL) published a Final Rule on June 8 confirming that paying bonuses, commissions, and other incentive-based pay to salaried, nonexempt employees does not disqualify employers from using the fluctuating workweek (FWW) method of calculating overtime pursuant to the Fair Labor Standards Act (FLSA).
The US Commodity Futures Trading Commission has approved an interim final rule extending the Phase 5 initial margin compliance deadline for uncleared swaps by one year.
New Jersey Governor Phil Murphy has signed Executive Order 150, which furthers efforts to reopen non-essential businesses closed due to the coronavirus (COVID-19) pandemic. Starting June 15, 2020, non-essential retail businesses can reopen physically to customers and outdoor dining and beverage services may resume.
Morgan Lewis associate Jacob Harper was quoted in a Becker’s Hospital Review article about the impact of the COVID-19 pandemic on the telehealth industry. “With the COVID-19 pandemic, we’ve seen an overnight switch from in-person to telehealth services, and I think this is a dress rehearsal for telehealth as a mainstream modality of providing healthcare,” said Jake.
Morgan Lewis associate Jacob Harper spoke with Bloomberg Law about the increased use of telehealth services.
The Coronavirus Aid, Relief and Economic Security (CARES) Act provides two measures of relief to taxpayers, but taxpayers amending federal income tax returns should be aware these benefits may not reach their state income tax returns.
The USPTO on May 27 made further accommodations for small and micro entities affected by the coronavirus (COVID-19) pandemic. For these entities, patent filings that would have been deemed timely filed by June 1 under previous PTO COVID-19 extensions will now be timely if filed by July 1, 2020. Large entities may seek relief after May 31, 2020 on a case-by-case basis upon petition for an extension of time or to revive along with payment of any fee that may be required. For all entities, a statement that the delay in filing (or payment) was due to the COVID-19 outbreak, as required in previous notices, is still required.
Through the High Court test case, the UK Financial Conduct authority hopes to obtain legal clarity on business interruption insurance during the coronavirus (COVID-19) pandemic.
The UK Parliament’s Foreign Affairs Committee has issued a “call for evidence” as part of its ongoing review of the UK government’s role in intervening in certain foreign takeovers of UK companies and potentially blocking foreign asset stripping in the United Kingdom where a transaction could have national security implications therein.
With the July 1 enforcement of the California Consumer Privacy Act (CCPA) less than a month away, the state attorney general has finally submitted the final text of the proposed CCPA regulations to the California Office of Administrative Law. This article discusses the current landscape and provides practical steps that companies can take before enforcement begins.
The Corporate Insolvency and Governance Act 2020 (Act), which came into force on 26 June 2020, brings into effect previously announced insolvency reforms.
An International Centre for Settlement of Investment Disputes (ICSID) tribunal has recently dismissed the jurisdictional challenges of the Republic of Cyprus and is pushing ahead with a multiparty arbitration commenced by former depositors and bondholders of Laiki Bank and the Bank of Cyprus.
Massachusetts is beginning to prepare for the next phase of its four-phase reopening plan. On June 1 Governor Charlie Baker issued an order allowing Phase II businesses to open their locations to workers to prepare for reopening, providing additional details concerning what types of businesses will be allowed to reopen in Phases II–IV of the reopening plan, and outlining additional guidance for these businesses.
Morgan Lewis’s pro bono work was mentioned in a Law360 article about the charitable and pro bono efforts of law firms in response to the coronavirus (COVID-19) pandemic.
New formal guidance from the Internal Revenue Service (IRS) extends the deadline for providers of individual retirement accounts and individual retirement annuities (IRAs) to file Form 5498 in response to the coronavirus (COVID-19) pandemic.
Additional reopening steps come several weeks after Illinois released a five-phase, regional plan for reopening businesses following the statewide closure of all nonessential businesses due to the coronavirus (COVID-19) public health emergency, a process known as Restore Illinois.
The UK government on 29 May published updated guidance on the Coronavirus Job Retention Scheme, which has been extended to the end of October 2020 but for which employers will need to contribute to furloughed employee costs from August 2020. Additionally, staff who were furloughed by 12 June can be flexibly furloughed. This LawFlash covers the new guidance and considers employers’ options as the scheme winds down, including redundancies during or following furlough.
Measures under the Targeted Economic Support Scheme include allowing UAE banks to temporarily defer loan repayments and extend existing facilities for corporate and retail clients.
With the easing of circuit-breaker measures in Singapore, employers gearing up for reopening must implement safe management measures to provide a safe working environment for employees. Here is a brief guide for employers in Singapore on things to take note when planning for these measures.
The US Citizenship and Immigration Services (USCIS) announced Friday that it will resume premium processing for certain petitions in phases over the next month. Petitions using Form I-129, Petition for a Nonimmigrant Worker, such as H-1B, L-1, O-1, TN, and Form I-140, Immigrant Petition for Alien Workers for permanent residency applications, will be eligible for premium processing based on the schedule below, which is subject to change.
The Occupational Safety and Health Administration (OSHA) issued an Updated Interim Enforcement Response Plan on May 19 for enforcing OSHA’s requirements with respect to coronavirus (COVID-19) and a Revised Enforcement Guidance for Recording Cases of COVID-19, walking back positions that the agency expressed just one month ago in its first interim response plan and recordkeeping enforcement guidance for COVID-19.
The offeror for Moss Bros sought to rely on standard material adverse change conditions to lapse the offer, on the basis of the impact of the coronavirus (COVID-19) pandemic and related UK governmental measures on Moss Bros. The Panel Executive ruled that the impact on Moss Bros’ business was not sufficiently material to permit the lapsing of the offer.
Two key amendments to the German competition law entered into effect on May 29, 2020, temporarily extending merger control review periods and temporarily suspending interest payments for antitrust fines, further to a bill adopted by the German Parliament to mitigate the consequences of the coronavirus (COVID-19) pandemic on trade.
Life science companies should consider offering FDA creative solutions for submissions that require pre-approval inspections.
The NRC’s Office of Enforcement (OE) recently issued Attachment 3 to Enforcement Guidance Memorandum (EGM) 20-002, providing guidance to NRC Staff to disposition violations of emergency preparedness (EP) regulations during the coronavirus (COVID-19) public health emergency (PHE). The guidance applies to entities licensed under 10 CFR Parts 30, 40, 50, 52, 70, and 72.
Investors pursing global investment opportunities across the sports industry should be aware of the key considerations likely to apply to the M&A process amid the coronavirus (COVID-19) pandemic.
Owing to the coronavirus (COVID-19) crisis, the UK government has announced a number of immigration changes, including visa extension and switching measures as well as a mandatory self-quarantine period for those entering the United Kingdom from June 8, 2020. Other announcements include changes to the guidance for EEA nationals applying for nationality and a Statement of Changes affecting the Startup, Innovator, EU Settlement Scheme, Tier 4, and Global Talent visa categories.
The Singapore government announced on 26 May its S$33 billion “Fortitude” budget, which will provide support for businesses and workers in light of the coronavirus (COVID-19) pandemic.
Firm Chair Jami McKeon spoke with The American Lawyer about how Morgan Lewis is navigating the current climate surrounding COVID-19.
While the full extent of COVID-19’s impact on the economy remains to be seen, it will likely create significant restructuring activity for companies already experiencing financial distress and otherwise healthy companies distressed by the pandemic. We have already seen an increase in chapter 11 filings, and more will follow.
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and recent formal and informal guidance from the Internal Revenue Service (IRS) provide important 2020 relief for owners and beneficiaries of individual retirement accounts and individual retirement annuities (IRAs) and IRA providers in response to the coronavirus (COVID-19) pandemic.
As the economic effects of the coronavirus (COVID-19) pandemic continue to be felt, Germany’s protective shield proceeding under Section 270b of the Insolvency Code is a way for companies to restructure under the direction of management.
Dubai has announced the gradual reopening of business activities beginning 27 May 2020 within the emirate. The announcement that there will no longer be any restrictions on movement between 6 am and 11 pm was issued at a virtual meeting of Dubai’s Supreme Committee of Crisis and Disaster Management held on 25 May 2020.
Workforce retrenchment in Singapore is expected to hit record numbers as a result of economic disruption from the coronavirus (COVID-19) pandemic. Here is a brief guide for employers in Singapore as they consider retrenchment as an option.
NEW YORK, May 22, 2020: Morgan Lewis is representing Calvert Impact Capital and Local Initiatives Support Corp. (LISC) in the agreement for an $100+ million credit facility to support the New York Forward Loan Fund.
Massachusetts is beginning to reopen for business, with strict rules about how businesses may bring workers back to the workplace. On May 18, the commonwealth issued its phased reopening plan following the closure of all nonessential businesses due to the coronavirus (COVID-19) public health emergency. This LawFlash discusses the government’s rules for the reopening process, including industry-specific guidance.
The UK government has introduced proposed legislation that will give companies flexibility to hold their annual general meetings where lockdowns due to the coronavirus (COVID-19) pandemic would prevent such meetings in person.
With just days left until provider attestations are due related to acceptance of CARES Act Provider Relief Funds, the US Department of Health and Human Services (HHS) has recently been updating its FAQs, providing some additional clarity, and potentially confusion, surrounding the acceptance of Relief Funds from its initial tranche $30 billion of General Distribution payments. Attestations for the first tranche of payments on April 10 are due May 25, and HHS continues to furnish guidance regarding the details of the General Distribution Relief Fund.
ERISA fiduciaries may want to identify steps they should be taking and decisions they should be considering to adjust their process in the face of the coronavirus (COVID-19) pandemic. This LawFlash identifies six such points that could be appropriate for consideration by retirement plan fiduciaries, such as fiduciary committees, as the pandemic and related economic fallout continue to evolve.
The UK Future Fund is aimed at supporting continued growth and innovation for UK-based companies in a variety of sectors amid the coronavirus (COVID-19) pandemic.
Investors pursing global investment opportunities across the sports industry should be aware of the key considerations likely to apply to the M&A process amid the coronavirus (COVID-19) pandemic.
The Federal Energy Regulatory Commission (FERC) issued a notice on May 20 that it will convene a Commissioner-led technical conference to consider the ongoing, serious impacts that the emergency conditions caused by the coronavirus (COVID-19) pandemic are having on the energy industry. The conference will be free, open to the public, and held remotely on Wednesday and Thursday, July 8-9, 2020.
Companies with coronavirus (COVID-19)-related losses and legacy liabilities may appreciate significant additional tax benefits from funding those legacy liabilities through a captive insurer before the end of this year. Companies looking to procure insurance to cover losses from the next infectious disease outbreak should explore the many benefits of insuring such risk with a captive.
In navigating the coronavirus (COVID-19) pandemic, higher education institutions should be aware of a recent wave of refund class actions, antitrust considerations in communication with other institutions, claims for business interruption insurance, and force majeure provisions in existing contracts.
The Food and Drug Administration (FDA) and the US Department of Agriculture (USDA) have announced a memorandum of understanding (MOU) to help prevent potential disruptions to the food supply chain, particularly fruit and vegetable processing plants, resulting from the coronavirus (COVID-19) pandemic.
The NRC’s Office of Enforcement (OE) recently issued Attachment 2 to Enforcement Guidance Memorandum (EGM) 20-002, providing guidance to NRC inspection staff for exercising enforcement discretion for certain byproduct material licensees that suspended their use of licensed material and are maintaining the licensed material in safe storage because of the coronavirus (COVID-19) public health emergency (PHE).
Russia has adopted rules allowing to renegotiate real estate leases and postpone lease payments in certain cases. These rules affect both landlords and tenants. In this LawFlash we address the basics of these rules as adopted on the federal level. The rules may differ depending upon where the real estate in question (buildings, premises, or land plots) is located as some Russian regions have adopted their own regulations on this subject matter.
The economic outcome from the coronavirus (COVID-19) pandemic is still uncertain but is likely to remain catastrophic in many respects. Of late popular name brands and companies have filed for bankruptcy as stay-at-home orders and social distancing requirements remain largely in effect. Morgan Lewis tax lawyers alert those considering bankruptcy or restructuring to various tax traps that may arise during these processes.
As local and national governments begin easing pandemic-related restrictions on in-person activities, businesses must weigh how best to proceed with reopening, including restarting or expanding operations, reintegrating remote-working or furloughed employees, implementing new state and local orders, and protecting the safety of employees and customers. Here are a few key considerations. For more information, please see our Retail Reopens Guide.
In the wake of the coronavirus (COVID-19) pandemic, international arbitration and alternative dispute resolution institutions are looking to provide innovative solutions to current restrictions on international travel and physical attendance at hearings and proceedings.
While artificial intelligence promises to be useful in responding to the coronavirus (COVID-19) pandemic, companies should be aware of potential copyright considerations.
The UK Parliament on May 2 adopted the Dairy Produce Order, which temporarily relaxes the application of UK competition law to certain types of cooperation between either dairy produce suppliers or logistic service providers to address issues in the supply chain caused by the ongoing coronavirus (COVID-19) pandemic, such as decreased demand from the hospitality sector and reduced collections from retailers.
As businesses across America begin to reopen in the wake of the coronavirus (COVID-19) pandemic, many will likely implement new social distancing and sanitization procedures.
The NRC Staff released specific guidance to all licensees on how to request exemptions from emergency preparedness (EP) biennial exercise requirements on May 14. The guidance supplements the NRC’s April 30 teleconference, during which it acknowledged that there may be instances in which licensees are unable to comply with certain EP requirements, including required training and drills, during the coronavirus (COVID-19) public health emergency (PHE).
Temporary relief provided by the US Securities and Exchange Commission focuses on financial statements and timing and cancellation requirements with regard to Regulation Crowdfunding, and is expected to make it easier and faster for small businesses to complete offerings.
The NRC Staff released specific guidance to operating and decommissioning reactor licensees on requesting exemptions from fire protection requirements during the coronavirus (COVID-19) public health emergency (PHE) on May 14. The guidance supplements the NRC’s April 29 teleconference, during which it contemplated such regulatory relief pathways. Morgan Lewis reported on the teleconference earlier this month.
New York State began on May 15 to implement the state’s phased, regional plan for reopening businesses following the statewide closure of all nonessential businesses due to the coronavirus (COVID-19) public health emergency, a process known as “New York Forward.” Pursuant to New York Forward, certain industries in qualifying regions of New York can begin in-person operations, provided they affirm compliance with industry-specific health and safety guidance promulgated by the state and develop and post a compliant safety plan. This LawFlash discusses the nature and scope of the New York Forward reopening process, and key provisions from health and safety guidance issued to date.
The UK Financial Conduct Authority (FCA) on May 15 invited policyholders of business interruption (BI) insurance that have been affected by the coronavirus (COVID-19) pandemic, and have had a claim under their insurance policy rejected by their insurer, to get in touch so that their arguments may be taken into account as part of the FCA’s plan to seek the court’s views on certain policy wordings by commencing a test case in the English High Court.
Class action lawsuits seeking tuition refunds are being filed nationwide against colleges and universities, which are already dealing with revenue loss from closing down their campuses during the coronavirus (COVID-19) pandemic. Here is an overview of the current litigation landscape, and what colleges and universities should know in terms of potential defenses and minimizing litigation risk.
The Centers for Medicare & Medicaid Services and the US Department of Health and Human Services Office of Inspector General have provided additional guidance and clarification on the application of Stark Law blanket waivers and enforcement of the Anti-Kickback Statute amid the coronavirus (COVID-19) pandemic, helping providers establish new arrangements or modify existing arrangements to accommodate unprecedented demands.
The Internal Revenue Service (IRS) recently released two pieces of guidance relating to Internal Revenue Code Section 125 plans (cafeteria plans), health reimbursement arrangements (HRAs), and health savings account (HSA) eligibility.
Russia ended the mandatory non-work days introduced to curb the coronavirus (COVID-19) pandemic, initially from 30 March through 3 April with further several extensions through 11 May. However, the end of non-work days does not mean "back to normal." The subjects of the Russian Federation (Russia’s constituencies) must continue to maintain the specific preventive measures depending on the epidemiological situation in a particular territory. In this alert, we address some recent changes introduced in connection with the end of non-work days, with a particular focus on Moscow.
New Jersey Governor Phil Murphy has signed Executive Order 142, which cues the early stages of reopening. New Jersey residents can now hold small in-person gatherings, as well as attend vehicular gatherings or events. Starting May 18, nonessential retail businesses can open, but only for curbside pickup and provided they require infection control practices inside the store. Nonessential construction projects can also resume on May 18.
New guidance from the Internal Revenue Service will allows RICs and REITs to retain more capital by distributing less cash to shareholders in certain stock distributions—welcome relief during the current economic volatility resulting from the coronavirus (COVID-19) pandemic.
In recognition of growing concerns regarding the impact of the coronavirus (COVID-19) on the UK economy and the profound social impact of lockdown measures, the government has this week unveiled its strategy for exiting the lockdown alongside detailed sector-specific guidance on how to work safely during the pandemic.
In a recent keynote speech, Co-Director of the US Securities and Exchange Commission’s Division of Enforcement Steven Peikin made it clear that the Division has made coronavirus (COVID-19) related enforcement matters a top priority and is dedicating significant time and resources to respond to such issues.
Morgan Lewis director of employee well-being Krista Larson spoke with Law360 about the efforts the firm is making to support wellness during the COVID-19 pandemic.
Morgan Lewis partner Gerald “Jay” Konkel spoke with The Insurer about coronavirus (COVID-19) pandemic-related business interruption (BI) litigation.
This LawFlash supplements the Latin America Regulatory Landscape Analysis issued on May 5, 2020, and summarizes the legal landscape concerning reductions in force in selected jurisdictions in the region.
As the public health emergency caused by the coronavirus (COVID-19) continuously evolves, the US Department of Agriculture Food Safety Inspection Service (FSIS) and the Food and Drug Administration (FDA) are actively releasing new, and updating existing, policy statements and temporary guidance providing flexibility on certain regulatory requirements during the pendency of the COVID-19 pandemic.
The unprecedented conditions created by the coronavirus (COVID-19) pandemic and resulting government shutdown orders have placed significant roadblocks for the last step of documenting a contract or other legal document: authentication. The steps to overcome these roadblocks are highlighted two recent Morgan Lewis LawFlashes.
Federal and state regulators and Congress continue to release new guidance and requirements to assist mortgage borrowers facing economic hardships resulting from the coronavirus (COVID-19) pandemic. Due to the high volume of borrower requests, the associated burden on servicers, and the unknown duration of the COVID-19 pandemic, it is critical for servicers to be in compliance with all forbearance-related requirements and to be responsive to borrower communications and inquiries.
Morgan Lewis partners Scott Milner, Stephanie Sweitzer, Brian Herman, and Carrie Gonell and of counsel Jennifer Williams authored a Law360 article about the adaptions businesses are making regarding remote work in response to the coronavirus (COVID-19) pandemic.
The US Patent and Trademark Office (USPTO) on May 8 announced a new COVID-19 Prioritized Examination Pilot Program (Pilot Program), under which eligible small and micro entities will receive prioritized examination without payment of the additional fees for prioritized examination. As such, eligible small and micro entities will save $2,000 and $1,000, respectively, when making a request for prioritized examination under the new Pilot Program.
The widespread economic disruption precipitated by the coronavirus (COVID-19) global pandemic and oil price volatility has caused debt portfolios to come under scrutiny and fund sponsors and investors to consider opportunities in the marketplace. Many asset managers are forming funds focused on liquid credit opportunities, secondary portfolio purchases and, as with the expansion of nonbank lending after the 2008 global financial crisis, providing customized solutions to distressed and other borrowers that are either unable or unwilling to borrow from traditional banks. In addition, certain existing funds are extending their offering periods and modifying their investment strategies to capture the opportunity.
The US Department of the Treasury issued a letter on May 7 stating that it plans to modify the continuity safe harbor for both the production tax credit (PTC) and the energy investment tax credit (ITC). Under the current law, taxpayers seeking to claim a PTC for electricity produced from qualifying facilities or an ITC for qualifying energy property must generally begin construction on the qualifying facility or property by specified dates.
The Centers for Medicare & Medicaid Services released a second, sweeping interim final rule in response to the coronavirus (COVID-19) pandemic on April 30, 2020. Building on the agency’s unprecedented March 31, 2020 regulation, which prioritized distancing patients from their care teams in response to the public health emergency, this second round of policy changes emphasized easing COVID-19 testing restrictions and expanding health system capacity for a phased reopening of the country.
While much of the attention by regulators has been focused on the coronavirus (COVID-19) response and CARES Act/FFCRA guidance, they have not forgotten about the SECURE Act’s introduction of pooled employer plans (PEPs) (centrally administered defined contribution plans that can be joined by multiple unrelated employers).
In response to the coronavirus (COVID-19) pandemic, Russia has changed its bankruptcy laws to provide for a moratorium on bankruptcies and a freeze on certain transactions. While the situation is dynamic, these amendments are relevant for ongoing or potential transactions in Russia, as well as a party’s ability to enforce pledges and other types of security interests or to seek other remedies against Russian companies.
An injunction blocking enforcement of an emergency prohibition on debt collection phone calls and lawsuits during the coronavirus (COVID-19) crisis was granted on May 6, 2020 on grounds that it violates the First Amendment rights of collection agencies without adding meaningful protections for consumers.
As the public health emergency caused by the coronavirus (COVID-19) continuously evolves, the US Department of Agriculture Food Safety Inspection Service (FSIS) and the Food and Drug Administration (FDA) are actively releasing new, and updating existing, policy statements and temporary guidance providing flexibility on certain regulatory requirements during the pendency of the COVID-19 pandemic.
The Centers for Medicare & Medicaid Services released guidance on April 19 updating its previous recommendation to delay all elective surgeries and procedures during the coronavirus (COVID-19) pandemic. In response, state and local officials are issuing updated orders easing or removing restrictions previously placed on elective, nonurgent surgeries and procedures.
The European Commission (EC) on May 4 announced the adoption of exceptional derogations from EU competition rules to allow certain types of cooperation in the following sectors: milk and milk products, potatoes, and live plants and flowers, as part of a wider package to support the agri-food industry during the ongoing coronavirus (COVID-19) pandemic.
US companies trying to close international deals or set up new branches in foreign countries are struggling to secure apostilles to certify documents due to quarantine mandates and office closures resulting from the coronavirus (COVID-19) pandemic.
Evidence is growing of a hardening of French public policy regarding the need for political control of acquisitions of French companies and other foreign direct investment (FDI) transactions.
For-profit medical care providers that receive CARES Act grants to provide funds for healthcare-related expenses or lost revenues attributable to the coronavirus (COVID-19) may be taxed for those receipts. Because Congress did not otherwise exclude or address the tax treatment of these grant payments, taxability would be determined based upon applicable tax law and guidance, which require that such funds be reported as taxable income. For-profit healthcare providers that received these grants should consider this issue and its resulting tax implications.
Underscoring the significance of utilizing intellectual property (IP) in the ongoing fight against the coronavirus (COVID-19), the US Patent and Trademark Office (USPTO) on Monday publicly unveiled a new online database that acts as a patent “marketplace” aimed at facilitating the voluntary licensing and commercialization of key technologies related to the prevention, diagnosis, and treatment of COVID-19.
The US Department of Labor’s Employee Benefits Security Administration (DOL) and the Internal Revenue Service (IRS) issued guidance last week providing deadline and other relief affecting welfare plans and their sponsors and administrators under the Employee Retirement Income Security Act of 1974, as amended (ERISA) and the Internal Revenue Code of 1986, as amended (Code).
As part of its ongoing efforts to provide guidance on the federal income tax consequences of various Coronavirus Aid, Relief, and Economic Security (CARES) Act provisions, the IRS issued Notice 2020-32 addressing the deductibility of certain expenses incurred in a taxpayer’s trade or business after receiving a loan pursuant to the CARES Act’s Paycheck Protection Program.
Companies with substantial business interruption losses related to the coronavirus (COVID-19) pandemic must take immediate, concrete steps now to preserve their ability to pursue recoveries from insurance and/or financial relief from future governmental programs.
The potential tension between the protection of public health and the fundamental right to personal privacy is being tested on an unprecedented scale in the global coronavirus (COVID-19) pandemic. The European Data Protection Board (EDPB) adopted guidelines on 21 April 2020 on the processing of health data as part of research efforts to respond to the COVID-19 pandemic (Research Guidelines) and on geolocation, and other tracing tools, in the context of the pandemic (Tracing Guidelines).
CMS recently issued Frequently Asked Questions (FAQs) clarifying requirements and considerations for hospitals and other providers related to the Emergency Medical Treatment and Labor Act (EMTALA) during the coronavirus (COVID-19) pandemic.
In response to President Donald Trump’s declaration of a national emergency due to the coronavirus (COVID-19) pandemic, the Pipeline Hazardous Materials Safety Administration (PHMSA) issued a notice that it does not intend to take enforcement action related to certain new gas pipeline safety regulations with which gas pipeline operators must comply by July 1, 2020.
While most companies in France (with the exception of cafés and restaurants, sports halls, theatres, museums, and companies whose activities allow teleworking) will be able to resume their activity from 11 May, employers must now take health and safety measures to ensure the protection of their employees and limit the risks of litigation and criminal proceedings.
CMS posted an expanded set, dated April 29, of Medicare regulatory flexibility measures for hospice organizations related to the coronavirus (COVID-19) pandemic, supplementing the previous COVID hospice flexibilities guidance from March 29.
The NRC issued a draft letter to holders of licensees (other than operating power reactor licensees) to possess Category 1 or 2 quantities of radioactive material (RAM) as defined in Appendix A to 10 CFR Part 37.
Morgan Lewis’s pro bono work and charitable contributions related to the coronavirus (COVID-19) pandemic were highlighted by Law360 in a roundup of the legal industry’s actions to support their communities.
In what is likely the first of several CARES Act–related pieces of retirement plan guidance, the Internal Revenue Service recently posted a set of Q&As addressing certain issues and questions related to distributions and loans related to the coronavirus (COVID-19) pandemic under the CARES Act.
The coronavirus (COVID-19) pandemic challenges people, economies, and governments across the globe. This LawFlash highlights the actions affecting employers and employees that the German federal government has taken, or is about to take, to respond to these challenges. The situation is dynamic and should be monitored closely.
Following in the footsteps of several state legislatures, the Council of the District of Columbia plans to consider on May 5 draft legislation that would require insurers to provide coverage for business interruption losses resulting directly or indirectly from the coronavirus (COVID-19) public health emergency.
The NRC issued a letter to the National Organization of Test, Research, and Training Reactors on April 30 regarding the NRC’s expedited review of requests for regulatory relief from certain material control and accounting (MC&A) requirements during the coronavirus (COVID-19) public health emergency (PHE).
The US Department of Education is now accepting applications from qualifying postsecondary institutions for emergency grants from funds that have been allocated under the CARES Act. The Department has issued instructions about how to apply for the grants, as well as guidance aimed at assisting institutions in realizing the benefits of the CARES Act.
In response to the coronavirus (COVID-19) pandemic, the US Department of Labor’s Employee Benefits Security Administration (DOL) issued EBSA Disaster Relief Notice 2020-01 (EBSA Notice 2020-01) on April 28, providing deadline relief and other guidance for employee benefit plans subject to Title I of the Employee Retirement Income Security Act of 1974, as amended (ERISA).
Morgan Lewis partner Andrew Gallo and of counsel David Lawton authored a Bloomberg Law article about the procedures US bankruptcy courts have implemented to allow ongoing—albeit virtual—administration of bankruptcy cases.
The NRC Staff hosted a public meeting via teleconference on April 30 to discuss regulatory relief from emergency preparedness (EP) requirements during the coronavirus (COVID-19) public health emergency (PHE).
During the coronavirus (COVID-19) pandemic, it is important for policyholders to remember that key insurance principles, including the principle of aggregation in the United Kingdom, could make a significant difference to any claim on their policies.
Employers should be aware that remote working arrangements during the coronavirus (COVID-19) pandemic may inadvertently trigger state payroll tax registration and filing requirements for their businesses, and possibly trigger corporate income/franchise tax “nexus” with another state, subjecting the business to that state’s tax regime.
The European Commission published its first comfort letter in nearly 20 years on April 29, in an effort to foster cooperation among businesses during the coronavirus (COVID-19) pandemic. Here is what companies should know about the specific practices permitted under the comfort letter, as well as the specific conditions and safeguards for cooperation.
The US Nuclear Regulatory Commission (NRC) Staff hosted a public meeting via teleconference on April 29 to discuss available regulatory relief pathways from fire protection requirements during the coronavirus (COVID-19) public health emergency (PHE).
This LawFlash discusses awarding equity grants to newly hired employees as “inducement grants” outside the shareholder approved plan and the pros and cons of making inducement grants.
Morgan Lewis partners Scott Fischer and Ben Cordiano authored an Insurance Day article about the regulatory actions that state insurance regulators have taken in response to the coronavirus (COVID-19) pandemic.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act that was signed into law on March 27 contains several emergency measures affecting retirement plans. The CARES Act gives plan sponsors the option of making available to participants, effective immediately, penalty-free coronavirus-related distributions as well as plan loans increased beyond the amount otherwise permitted under Internal Revenue Code (IRC) 72(p).
Morgan Lewis partner Matthew Howse was quoted in a People Management article about the UK government reportedly preparing return to work guidance.
Key issues that UK employers should begin considering now to minimize difficulties as they reopen or expand their operations include reintegrating staff, assessing internal policies in light of the pandemic, testing for the coronavirus (COVID-19), and more.
The US Department of the Treasury recently began accepting loan applications from qualifying Defense Industrial Base contractors, with a short deadline of May 1, 2020, to submit the application for expedited review.
The NRC issued temporary Staff guidance intended to help Staff review and process requests for regulatory relief from fuel facilities on April 21. Although intended for NRC Staff, the guidance provides insights into the process licensees should follow when submitting requests for relief and the information they should anticipate including.
The Malaysia Securities Commission (SC) announced on April 28 that flexibility will be granted for businesses issuing convertible notes to venture capital (VC) and private equity (PE) firms registered with the SC.
The US Nuclear Regulatory Commission (NRC) issued a letter on April 27 to the Nuclear Energy Institute and the National Organization of Test, Research, and Training Reactors, and others, clarifying and expanding the guidance on respiratory protection requirements that it previously provided to stakeholders during an April 15 teleconference.
Morgan Lewis partners Andrew Budreika and Jennifer Breen spoke with Accounting Today about the CARES Act’s Paycheck Protection Program (PPP). In the article, they discussed key considerations for PPP borrowers eligible for loan forgiveness.
Morgan Lewis partners Joseph Zargari and Stephen Tirrell were quoted in a FundFire article about the reemerging interest in credit-focused hedge funds in light of the coronavirus (COVID-19) pandemic. In terms of increasing interest, Joe noted, “This is really standing out.
Morgan Lewis partner Sheri Dillon was quoted in a Tax Notes article about the US Internal Revenue Service’s (IRS’s) decision to extended Tax Court filing deadlines to July 15 or the court’s reopening.
The Nuclear Regulatory Commission (NRC) Staff hosted a public meeting via teleconference on April 23 to discuss available regulatory relief pathways for materials licensees subject to 10 CFR Parts 30 and 34 during the coronavirus (COVID-19) public health emergency (PHE).
The US Nuclear Regulatory Commission (NRC) Staff hosted a public meeting via teleconference on April 22 to discuss available regulatory relief pathways for medical licensees during the coronavirus (COVID-19) public health emergency (PHE).
As we all settle into our new sense of normalcy, Health Law Scan continues to monitor developments surrounding the coronavirus (COVID-19) pandemic. We have lawyers across the firm providing updates on a wide variety of topics to keep our clients apprised of all the developments.
As prevention measures against the coronavirus (COVID-19) pandemic bump into the principles and guidelines of the EU General Data Protection Regulations (GDPR), the French Data Protection Authority has reinforced essential rules and good practices for companies to ensure employee personal data protection.
With demand for disinfectants heightened during the coronavirus (COVID-19) pandemic, the EPA has committed to strictly enforcing the registration requirements for pesticide disinfectant products. In a recent example, the agency seized an illegal shipment of unregistered disinfectant products at two California airports.
When the UK government’s job retention portal, where UK employers can seek to recover wages of furloughed employees, went live, it received 67,000 claims within 30 minutes. The challenges employers are facing during the coronavirus (COVID-19) pandemic are clear. Amid an evolving situation, we have seen seven iterations of government guidance—sometimes contradictory—on the Job Retention Scheme and additional information from both HM Treasury and Advisory, Conciliation and Arbitration Service.
New York’s Department of Financial Services (DFS) issued guidance on April 13 alerting regulated entities of the significant increase in cybercrime during the coronavirus (COVID-19) pandemic.
Following Los Angeles’s lead, San Francisco and San Jose have enacted ordinances requiring certain businesses to provide additional paid leave benefits to employees for coronavirus (COVID-19)-related reasons.
Provisions in the Coronavirus Aid, Relief, and Economic Security (CARES) Act signaled that the government intends to closely monitor the more than $2 trillion in relief funds, including loans through the Paycheck Protection Program. New developments confirm that businesses seeking these loans must understand the risks before accepting and retaining the funds.
Morgan Lewis partners Sharon Masling and Sarah Bouchard and associate Daniel Kadish authored a Bloomberg Law article about key considerations for employers planning to reopen as jurisdictions ease restrictions regarding the coronavirus (COVID-19) pandemic.
The UK government has announced two new schemes for funding to innovative companies and startups, launching in May 2020.
This is our first edition of Morgan Lewis Spark, a quarterly update highlighting new and amended Russian legislation of importance to companies operating in the Russian energy and mining sectors.
The coronavirus (COVID-19) pandemic has forced companies to reassess their financial projections amid the rapidly shifting landscape of the global economy. In response, there has been a rapid uptick in the number of corporations that have suspended dividend payments to preserve assets and capital. The last few weeks have seen corporations in the auto, aerospace, cruise line, entertainment, hospitality, mining, and restaurant industries, to mention a few, suspend dividends.
Morgan Lewis partner Alexander Reid and associate Chelsea Rubin were quoted in an EO Tax Journal article about the US Internal Revenue Service’s proposed regulations regarding Section 512(a)(6) and the CARES Act.
The Centers for Medicare & Medicaid Services (CMS) announced on April 26 that it will no longer be accepting new applications for the Medicare Accelerated/Advanced Payment Program (AAPP).
The New York Stock Exchange LLC (NYSE) has temporarily suspended its continued listing standards requiring (i) a market capitalization and stockholders’ equity of at least $50 million each, and (ii) a $1 minimum trading price for listed issuers. This relief, effective immediately through June 30, 2020, provides issuers with additional time to regain compliance with these requirements, and supplements the temporary suspension of the $15 million minimum market capitalization requirement.
Due to widespread court closures as a result of the coronavirus (COVID-19) pandemic, it may be difficult for participants or their attorneys to obtain a certified copy of a domestic relations order that many retirement plans require as part of the procedures for processing qualified domestic relations orders (QDROs).
С целью стабилизации экономики в условиях пандемии коронавируса (COVID-19), Правительство Казахстана установило так называемый «поправочный коэффициент» «0» к ставкам налогов и платежей с фонда оплаты труда.
Prepackaged bankruptcies, prearranged bankruptcies, and expedited sales are available options for businesses in need of accelerated restructurings during the coronavirus (COVID-19) pandemic.
As the coronavirus (COVID-19) pandemic disrupts everyday life throughout the world, boards of directors of corporations working around the clock to understand, address, and mitigate its effects on business operations must direct attention to their fiduciary duties. Boards must act affirmatively, and with an eye on the future, to assure that duties to corporations and stockholders continue to be met.
Morgan Lewis partners Julia Frost-Davies and Kristen Campana spoke with Law360 about the implications of the Small Business Restructuring Act in relation to the CARES Act’s Paycheck Protection Program (PPP).
This article summarizes a recent webinar presented by Morgan Lewis partners Andrew Budreika and Raechel Kummer and associate Ben Stango in conjunction with the American Bakers Association.
The US Nuclear Regulatory Commission (NRC) Staff issued SECY-20-0034 on April 22, informing the NRC Commissioners of the Staff’s plan to exercise enforcement discretion for licensee noncompliance with regulatory requirements resulting from illnesses or other factors caused by the coronavirus (COVID-19) public health emergency (PHE).
The Internal Revenue Service (IRS) and the US Department of the Treasury released two Revenue Procedures and a new FAQ on April 21 to provide relief to US residents and alien individuals affected by travel disruptions due to the coronavirus (COVID-19) emergency.
US President Donald Trump signed the Paycheck Protection Program and Healthcare Enhancement Act (HR 266) into law on April 24. HR 266 appropriates $483 billion in new spending, including $321 billion for the Payment Protection Program, an additional $75 billion for the Public Health and Social Services Emergency Fund, and $25 billion to support expanded testing across the United States.
In response to coronavirus (COVID-19) pandemic, the US Securities and Exchange Commission’s Corporation Finance Division and Investment Management Division have issued guidance to assist companies in making changes to the format of its shareholder meetings, the way in which companies accept shareholder proposals, and the timing of Form 10-K corporate governance and compensation disclosures that are all adaptive to the changing times. Additionally, various states have loosened the restrictions around annual shareholder meetings. This LawFlash gives an overview of this guidance and relief.
A number of UK insolvency trade association bodies and professionals are advocating for the use of what is known as a light-touch administration for companies in financial distress as a result of the coronavirus (COVID-19) pandemic.
New guidance from the UK Competition and Markets Authority warns that it will not relax its substantive or evidentiary standards for merger investigations during the coronavirus (COVID-19) pandemic. Statutory deadlines will not be altered, although aspects of investigations may be subject to delay, and the authority will continue to impose interim measures. The authority also set out its position on mergers involving “failing firms,” indicating some flexibility in its interpretation of the counterfactual test.
The impact of the coronavirus (COVID-19) pandemic on the global sports industry and its affiliated sectors is substantial and unprecedented. Constructive stakeholder engagement at all levels is crucial to ensuring business continuity. Organizations should be cognizant that decisions made now will attract post-crisis scrutiny, and start planning for post-pandemic recovery and growth.
The Federal Housing Finance Agency (FHFA) announced on April 21 that servicers’ obligation to advance scheduled monthly payments for Fannie Mae and Freddie Mac (the Enterprises) backed single-family mortgage loans in forbearance will be limited to four months.
Трудовой кодекс Республики Казахстан от 23 ноября 2015 года № 414-V (далее – «Трудовой кодекс») предоставляет работодателям право на совершение некоторых действий в отношении работников в связи с режимом чрезвычайного положения в стране, который был введен в связи с пандемией коронавируса (COVID-19).
Compensation Committees are addressing whether compensation should be adjusted to reflect the effect of the coronavirus (COVID-19) pandemic on companies’ businesses and how to correlate executive compensation with changing company priorities. Here is how compensation committees can approach this challenge in the coming months.
Morgan Lewis partners and directors of Workplace Culture Consulting Chai Feldblum and Sharon Masling spoke with SHRM about the Equal Employment Opportunity Commission’s (EEOC’s) guidance regarding the Americans with Disabilities Act (ADA) and testing employees for the coronavirus (COVID-19).
Morgan Lewis partners and directors of Workplace Culture Consulting Chai Feldblum and Sharon Masling were quoted in a Law360 article about the Equal Employment Opportunity Commission’s (EEOC’s) latest guidance regarding testing employees for the coronavirus (COVID-19).
В связи с текущим режимом чрезвычайного положения в стране, Премьер-Министр РК Аскар Мамин подписал Постановление Правительства от 17 апреля 2020 года № 220 «О некоторых вопросах въезда (выезда) в Республике Казахстан и пребывания иммигрантов в Республике Казахстан» о приостановлении действия некоторых норм законодательства, предоставляющих безвизовый режим для граждан определенных государств.
President Donald Trump signed a proclamation on April 22 suspending entry into the United States of certain groups of immigrants who would otherwise be eligible to enter the United States as permanent residents. There are a number of significant exceptions to this new policy, including for temporary workers and individuals currently in the United States. Here is what the restrictions mean for employers.
Medicare providers that receive grant money under the CARES Act Relief Fund must pay close attention to the terms and conditions of the assistance and rigorously document how the funds are used to avoid potential future False Claims Act allegations.
Russian courts introduced certain measures to prevent the coronavirus (COVID-19) spread. Affected parties should take these measures into consideration when developing their litigation strategies.
Morgan Lewis partner Mary “Handy” Hevener was quoted in a Wall Street Journal article about the CARES Act’s Paycheck Protection Program (PPP). In the article, she discusses the program and the need for the US Internal Revenue Service to provide clearer guidance on it.
Morgan Lewis partner Sheri Dillon spoke with Tax Notes about the additional relief needed for taxpayers whose filing deadlines have yet to be extended by the US Internal Revenue Service.
Recent updates from Singapore amid the coronavirus (COVID-19) pandemic include elevated restrictions on what businesses are considered essential, a new facility for more affordable loans for small and medium-sized enterprises, and new research and development work.
The Pennsylvania Senate on April 15 introduced robust business interruption loss coverage legislation in the form of its proposed COVID-19 Insurance Relief Act (General Assembly Senate Bill 1114). This LawFlash provides an overview of Senate Bill 1114 and its potential impact on how insurers are required to cover COVID-19-related business interruption losses in the state.
The nationwide lockdown in India in response to the coronavirus (COVID-19) pandemic has been extended until May 3. The Indian government has permitted the operation of certain additional business activities from April 20 onwards.
The US Senate approved an additional $310 billion in funds for the Paycheck Protection Program (PPP) on April 20, and the House of Representatives is expected to approve these additional funds within days.
Governor Charlie Baker signed emergency legislation on April 20 limiting evictions for residential and small business properties, and limiting foreclosures and requiring forbearance for residential properties. This legislation follows a number of actions by Governor Baker and the City of Boston to protect renters, homeowners, and small businesses during the coronavirus (COVID-19) pandemic.
In light of the UK government’s lockdown measures and the COVID-19 pandemic, there are key issues English public companies should consider for their annual general meetings (AGMs) while awaiting further legislation and flexibility.
In response to the coronavirus (COVID-19) pandemic, US bankruptcy courts have granted extraordinary equitable relief in some cases. As government orders enforcing stay-at-home measures have forced many businesses to shutter indefinitely, bankruptcy courts have implemented procedures to allow the ongoing—albeit virtual—administration of bankruptcy cases.
In an order issued on April 17, the Federal Energy Regulatory Commission (FERC) agreed to defer implementation of certain cybersecurity and operational reliability standards administered by the North American Electric Reliability Corporation (NERC) that had important compliance milestones later this year, including the suite of supply chain risk management standards that have been under development for several years and were set to take effect on July 1. The move by FERC is intended to provide some measure of relief from impending compliance burdens and to allow electric utilities to focus their resources on responding to the coronavirus (COVID-19) pandemic.
Recent announcements from the US Securities and Exchange Commission make it clear that, although it will not be business as usual, the agency will ably navigate the coronavirus (COVID-19) crisis and its work will move forward. However, over the next several months, the SEC and its staff will be confronted with choices about where and how to deploy the Commission’s limited enforcement and examination resources, and those decisions will have a profound effect on regulated entities.
The US Nuclear Regulatory Commission’s (NRC’s) Office of Nuclear Materials Safety and Safeguards (NMSS) issued an internal memorandum on April 10 to its regional directors describing a process that could be used to review medical licensees’ requests for temporary exemptions from certain NRC regulations due to the coronavirus (COVID-19) pandemic. Enclosed with the memorandum is a template letter that regions can use to streamline granting temporary exemptions.
Internal Revenue Service (IRS) regulations require that spousal consent to the waiver of a qualified joint and survivor annuity (QJSA) that is necessary to elect an optional retirement payment form must be signed in the “physical presence” of a plan representative or notary—a requirement that is difficult to satisfy in a time of social distancing due to the coronavirus (COVID 19) pandemic.
The NRC’s Office of Nuclear Reactor Regulation (NRR) now has a web portal for nuclear reactor licensees to submit coronavirus (COVID-19) related regulatory exemption requests. The web portal currently allows online submissions for Part 26 Work Hour exemption requests. Online submissions for Part 55 Operator Licenses, Part 50.55a Owner’s Activity Reports, and Part 73 Physical Protection exemptions are coming soon.
By the second week of March, the National Basketball Association, National Hockey League, Major League Soccer, and Major League Baseball had suspended games due to the coronavirus (COVID-19) pandemic. The good news for those missing the rush from watching a competitive game is that not all sports are suffering from the same challenges. Esports, the now mainstream billion-dollar industry, is on its way to being the most resilient sport during these devastating times.
Following the declaration of a state of emergency due to COVID-19, Japan’s Financial Services Agency (FSA) made recent announcements extending the filing deadline for annual securities reports and other disclosure reports, and providing guidance on annual shareholder meetings. In addition, the government announced additional areas subject to the declaration and an amended assistance plan.
The US Department of Labor’s chief administrative law judge (ALJ) issued a supplemental administrative order on April 10, extending the suspension of in-person hearings before the Office of Administrative Law Judges (OALJ).
The US Department of Homeland Security’s Cybersecurity & Infrastructure Security Agency (CISA) issued Version 3.0 of its guidance on April 17 on identifying essential critical infrastructure workers amid the coronavirus (COVID-19) pandemic.
As the coronavirus (COVID-19) pandemic evolves, governmental executive and legislative authorities are taking actions in the form of emergency declarations and proposed legislation that could improve a company’s ability to mitigate business income losses by maximizing its insurance recovery. Keeping an eye on these developments and documenting your losses accordingly could make all the difference.
Employers are facing issues relating to shortages of respirators and non-surgical face coverings. The ever-evolving local, state, and federal regulatory landscape, coupled with these shortages, has sent employers scrambling, and these issues are particularly heightened due to public misconception about the differences between respiratory protection for employees exposed to hazards such as the coronavirus (COVID-19) versus nonmedical face coverings for use by the general public. Employers must carefully track these developments in all jurisdictions where they operate.
For retailers, it is key to be prepared before, during, and after times of crisis. As retailers across the globe navigate the current coronavirus (COVID-19) crisis, they are dealing with having to close their doors if deemed nonessential, monitoring the safety and well-being of their employees, evaluating their liquidity, and preserving their cash position.
The Nasdaq Stock Market has temporarily suspended the continued listing bid price and market value of publicly held shares listing requirements for its issuers through June 30, 2020. This relief, effective immediately, provides issuers with additional time to regain compliance with the bid price and/or market value of publicly held share requirements.
Several counties and cities in California are requiring individuals to wear cloth face coverings, including those working in or visiting public-facing essential businesses during the coronavirus (COVID-19) pandemic.
US Nuclear Regulatory Commission (NRC) regulations at 10 CFR 20.1703(c)(5)(iii) and 10 CFR 20.1703(c)(6) require licensees to maintain a respiratory protection program that requires (1) a periodic—often annual—determination by a physician that the user is medically fit to use respiratory protection, and (2) annual “fit testing” to ensure that the licensee’s respiratory protection seals tightly to the licensee’s face.
The Occupational Safety and Health Administration has issued a new guidance allowing field offices flexibility in handling COVID-19-related matters, including complaints. The guidance focuses on highly affected industries, such as healthcare and first responders and prioritizes inspections in areas of imminent danger of exposures and fatalities. Enforcement for other industries is likely to shift from primarily on-site inspections to informal complaints and whistleblower actions.
The UK government issued a Direction to HMRC on 15 April and published updated guidance on the Coronavirus Job Retention Scheme on 17 April. Most notable was the amended date that employees must have been on their employer’s payroll to qualify for the scheme, which has been brought forward from 28 February 2020 to 19 March 2020, allowing a larger number of employees to benefit. The Chancellor has also extended the scheme until the end of June 2020 (previously due to terminate on 31 May).
The UK government today launched a new loan guarantee programme for UK businesses—the Coronavirus Large Business Interruption Loan Scheme (CLBILS)—intended to plug the gap by providing loan guarantees for medium and large businesses which were not covered by the two earlier UK loan guarantee programmes related to the coronavirus (COVID-19) pandemic.
The US Securities and Exchange Commission, the Financial Industry Regulatory Authority, and state securities regulators recognize the significant impact of the coronavirus (COVID-19) pandemic on broker-dealers, investors, and other stakeholders, and have provided important guidance and relief to broker-dealers on how to meet some of these challenges.
Morgan Lewis partners Scott Fischer and Jay Konkel spoke with Law360 about proposed federal reinsurance program for coronavirus (COVID-19) pandemic risks.
The US Department of Agriculture Food Safety Inspection Service (FSIS) and US Food and Drug Administration (FDA) have released policy statements and temporary guidance providing flexibility on certain regulatory requirements during the pendency of the coronavirus (COVID-19) pandemic.
This Insight authored by Morgan Lewis lawyers and published by Bloomberg Law poses 100 questions related to the COVID-19 payroll tax and fringe benefits provisions, which we have been explained in our LawFlashes.
Morgan Lewis partner Philip Miscimarra spoke with Bloomberg Law about how businesses are responding to the coronavirus (COVID-19) pandemic.
The NRC’s Office of Enforcement (OE) recently issued Enforcement Guidance Memorandum (EGM) 20-002, providing guidance to NRC inspection staff for exercising enforcement discretion for licensees impacted by the coronavirus (COVID-19) pandemic.
Revenue Procedure 2020-22 from the Internal Revenue Service provides helpful flexibility for taxpayers in a real property trade or business.
The Internal Revenue Service and Pension Benefit Guaranty Corporation have extended the due dates for certain federal returns and payments. Affected filings will now be due on July 15, 2020. Interest, penalties, or additional taxes will not begin accruing until July 16, 2020.
New Jersey amended its Family Leave Act (FLA) on April 14, allowing eligible employees to use family leave to care for a child whose school or daycare is closed because of a public health emergency. The April 14 amendment is the second one in a month and clarified changes to the law that were previously adopted on March 25.
Insurance regulators across the country have enacted emergency regulations, issued administrative guidance, and requested carriers to take certain actions to try to address the financial impact of the coronavirus (COVID-19) pandemic on individuals and businesses. Requirements imposed on or requested of health insurers to expand access to telehealth and eliminate or limit prior authorization or concurrent review have been widely reported, but there have been numerous other industry-wide actions. And, some state legislators have introduced bills to expand the scope of coverage to ameliorate the impact of the pandemic on insureds.
Morgan Lewis partners Julia Frost-Davies and Andrew Budreika, of counsel Jason Alderson, and associate Benjamin Stango authored a INSOL International article about access to bankruptcy courts in light of the coronavirus (COVID-19) pandemic.
Morgan Lewis partner Reece Hirsch and associate Brian London authored a Law360 article about private investment funds and the California Consumer Privacy Act.
In light of the ongoing coronavirus (COVID-19) pandemic, the ICC on April 9 released a guidance highlighting a number of measures that parties, counsel, and tribunal members can take in order to avoid extensive disruption to arbitral proceedings.
In response to the current coronavirus (COVID-19) pandemic, federal, state, and local governments have taken various actions to limit or prohibit foreclosures and evictions during the public health emergency. Some of these actions also require forbearance in the enforcement of mortgage loans and leases.
A recent US Securities and Exchange Commission statement stressed the importance of disclosure and highlighted its role in the national effort to foster a meaningful, responsible increase in economic activity. In light of the coronavirus (COVID-19) pandemic and its effect on national and global economies, public companies should take a careful look at the impact of these circumstances on their disclosure obligations under federal securities laws.
The $100,000 limit on coronavirus related distributions (CVRD) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) is both an individual limit and a plan limit. Tracking and enforcing the $100,000 limit has the potential to create special compliance issues for employers and controlled group affiliates that sponsor more than one retirement plan and have individuals with an account balance under more than one of those plans.
The US Department of Labor’s Occupational Health and Safety Administration (OSHA) released a statement on April 8 reminding employers that they cannot retaliate against workers who report unsafe or unhealthy working conditions during the coronavirus (COVID-19) pandemic.
Governor Phil Murphy signed a suite of new laws on April 14 in response to the coronavirus (COVID-19) pandemic, including an amendment to New Jersey’s WARN Act providing relief to employers that conduct mass layoffs as a result of the current crisis. This law takes effect immediately and is retroactive to March 9, 2020.
Our labor and employment colleagues have prepared a LawFlash providing our current thinking regarding key issues that employers should begin considering now to minimize difficulties as they reopen or expand current operations.
Read the practical guidance provided by our labor and employment lawyers, highlighting key considerations employers should begin analyzing regarding how to reopen or expand operations. The focus is on what can be done now with the understanding that guidance on when and how workplaces can reopen or expand will rely in large part on jurisdiction-specific local orders and guidance.
The US Departments of Labor, Health and Human Services, and the Treasury (Departments) issued a set of 14 frequently asked questions (FAQs) on April 11. The FAQs are intended to offer guidance on the application and implementation of the Families First Coronavirus Response Act (FFCRA), the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), and other health coverage issues related to the coronavirus (COVID-19).
As jurisdictions contemplate lifting pandemic-related workplace restrictions, employers must start considering how best to cope with a vast array of issues, including restarting or expanding operations, reintegrating remote-working or furloughed employees, implementing new state and local orders/requirements, and protecting the safety of employees and customers. Employers who proactively plan for these challenges will be best positioned to adapt to the “new normal.”
Following a recent trend, New York Governor Andrew Cuomo has issued two executive orders requiring individuals to wear face coverings when near other people. One order requires all customer/public-facing employees to wear face coverings and requires employers to provide these face coverings at no cost to employees. The other order requires all individuals in a public place to use a mask or face covering.
Not to be confused with the $100 billion in Provider Relief Funds established as grants to healthcare providers through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Congress also broadened the access to the Medicare Accelerated/Advanced Payment Program (AAPP) as a tool to address financial concerns associated with reduced cash flow during the pandemic.
Germany debates whether apps related to the coronavirus (COVID-19) pandemic would be useful, what they should cover, and what the ramifications would be under applicable data protection laws.
FEMA exercised the authority recently granted to it by Executive Orders and pursuant to the Defense Production Act to regulate and redirect respirators, surgical masks, gloves, and other personal protective equipment (PPE) designated as scarce or threatened materials that are prepared for export. FEMA and CBP will work together to identify “commercial quantities” of these items to be redirected for domestic use.
Morgan Lewis is staying informed on all of the developments surrounding the coronavirus (COVID-19) pandemic. Our healthcare team continues to follow developments, producing a number of publications and webinars to help keep our healthcare industry readers informed.
The Internal Revenue Service on Monday, April 13 issued welcome relief to the securitization industry, providing that certain forbearances and related modifications to mortgages will generally not cause real estate mortgage investment conduits (REMICs) and other securitization vehicles to lose their special tax status if such modifications arise from new programs/procedures created by the CARES Act or by similar programs/procedures to address the coronavirus (COVID-19) emergency.
The US Nuclear Regulatory Commission (NRC) Office of Nuclear Reactor Regulation (NRR) issued a letter on April 14 to provide guidance on reactor operator licensing requirements during the coronavirus (COVID-19) pandemic.
The US Nuclear Regulatory Commission (NRC) recently approved a 90-day deferral of all annual fee invoices that would have been issued to NRC licensees (including holders of reactor, fuel cycle facility, and materials licenses; certificates of compliance; sealed source and device registrations; and quality assurance program approvals) in the third quarter (April–June) of fiscal year (FY) 2020.
The Singapore Ministry of Law has issued an order summarizing alternative arrangements during the coronavirus (COVID-19) global pandemic for convening, holding, conducting, or deferring general meetings pursuant to certain provisions of written law or legal instruments, while the Singapore Exchange Regulation Pte. Ltd. has introduced measures to support listed companies by suspending entry onto the Financial Watch-List and enhancing the share issue limit for companies listed on the Mainboard.
In connection with the current state of emergency in Kazakhstan related to the coronavirus (COVID-19) pandemic, President Kassym-Zhomart Tokaev has signed a decree on a special military call-up in the Republic of Kazakhstan.
Morgan Lewis partners Elaine McChesney and Daniel Tehrani were quoted in a Law360 article about the potential for fraud schemes to be unraveled as a result of the coronavirus (COVID-19) pandemic.
The US Department of the Treasury on April 10 released updated criteria outlining which businesses are eligible to apply for CARES Act loans out of the $17 billion allocated for businesses “critical to maintaining national security.”
The Internal Revenue Service has released guidance allowing partnerships subject to amended return filing restrictions enacted under the Bipartisan Budget Act of 2015 to amend 2018 and 2019 partnership returns, including in order to take advantage of retroactive relief provided under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
The joint statement recognizes that while the COVID-19 pandemic offers businesses an opportunity for procompetitive collaboration and benefits, it also increases significant risk of anticompetitive conduct in the labor market. Here are some issues and factors that businesses should consider to mitigate antitrust risk as the Antitrust Division and Federal Trade Commission continue to consider enforcement actions for antitrust violations.
As New Jersey continues to battle the spread of coronavirus (COVID-19), Governor Phil Murphy ordered essential businesses in the state to adopt several measures including mandatory face coverings at worksites, occupancy limits for stores, and frequent handwashing breaks for employees. Employers should pay close attention to these comprehensive and far-reaching—and sometimes confusing—orders that impose affirmative duties and could raise a host of reasonable-accommodations issues.
In response to the coronavirus (COVID-19) pandemic, Russia has introduced non-work days through 30 April 2020 to keep people at home. The non-work days are mandatory for all employers with limited exemptions. On 2 April, President Vladimir Putin authorized the heads of subjects of the Russian Federation (Russia’s constituencies) to provide further exemptions or stricter rules depending on the epidemiological situation in a particular territory. In this alert we address the most recent restrictions introduced by the Mayor of Moscow, including the introduction of digital passes.
Shortly after the announcement that the 2020 Summer Olympics would be delayed until Summer 2021, the Japanese government on April 7 announced a state of emergency for Tokyo and six prefectures (Kanagawa, Saitama, Chiba, Osaka, Hyogo, and Fukuoka) in light of the coronavirus (COVID-19) pandemic. This LawFlash answers key questions about employers’ obligations to their employees during the state of emergency and provides an overview of the government subsidies currently available.
The US Department of Health and Human Services recently announced the use of blanket waivers for healthcare providers under the Stark Law, and its Office of Inspector General noted it will exercise enforcement discretion in imposing administrative sanctions related to such blanket waivers under the Anti-Kickback Statute.
For companies forced to postpone or cancel live events during the coronavirus (COVID-19) pandemic, event cancellation insurance may serve as a way to protect assets and mitigate losses.
The US Environmental Protection Agency (EPA) has released additional interim guidance for field work decisions at cleanup sites under EPA authority, emphasizing its commitment to ensuring the health and safety of the public, its staff, and others performing work at the sites. In its guidance, the EPA provides principles to consider when evaluating whether to proceed with or pause field work related to Superfund (CERCLA) cleanups, Resource Conservation and Recovery Act (RCRA) corrective actions, Toxic Substance and Control Act PCB cleanups, Oil Pollution Act spill responses, and Underground Storage Tank Program actions.
Morgan Lewis partner Eric Namrow spoke with Bloomberg Law about the coronavirus (COVID-19) pandemic’s impact on US International Trade Commission (ITC) hearing cases. In the article, he discussed the limited flexibility in the ITC’s schedule and the possibility of virtual hearings.
Morgan Lewis partner William Yonge was quoted in an ACA Insight article about two new sets of “expectations” issued recently by the United Kingdom’s Financial Conduct Authority and Prudential Regulation Authority that investment advisory firms and brother-dealers are required to follow.
Businesses that avail themselves of financial assistance under Section 4003 or 4116 of the CARES Act must limit compensation and severance paid to certain officers and employees.
Morgan Lewis partner Jennifer Breen was quoted in a Tax Notes article about the CARES Act implications on restrictions in the Tax Cuts and Jobs Act.
In continued efforts to help taxpayers address the challenges brought on by the coronavirus (COVID-19) pandemic, the Internal Revenue Service announced further relief on April 9, including automatically extending deadlines for various filing and payment obligations and allowing tentative carryback refunds for net operating losses.
US antitrust laws already on the books facilitate rapid investment without government delay: important practical tools and rules for dealmakers and their counsel in the wake of the coronavirus (COVID-19) pandemic and the current economic challenges.
The US Department of Energy’s National Nuclear Security Administration (NNSA) recently posted guidelines on its continued operations during the coronavirus (COVID-19) pandemic. While NNSA personnel are mostly working remotely, the agency is otherwise operating business-as-usual.
The French government has been adopting a series of legal measures in response to the coronavirus (COVID-19) pandemic. The French Parliament voted on a law responding to the epidemic on 23 March (the Bill). In addition to measures relating to the holding of municipal elections and sanctions for breaches of the confinement regime which has been in force since 17 March, the government also took measures that affect French business and legal proceedings before the French courts in a variety of ways.
Due to the economic and financial upheaval caused by the coronavirus (COVID-19) pandemic, many employees are asking their employers if they are able to cancel their deferral elections and/or receive accelerated payments from their nonqualified deferred compensation plan accounts to help offset financial difficulties they may be facing.
As the coronavirus (COVID-19) pandemic continues to impact most countries around the world, governments have introduced travel restrictions, temporarily suspended flights, imposed mandatory home isolation measures, and suspended services for some immigration procedures, as well as closed some government agencies. For employers looking to move essential employees globally, and/or repatriate them to their home countries, we’ve compiled a list of current immigration updates to consider.
В связи с пандемией коронавируса(COVID-19) и вытекающим экономическим кризисом, Правительство Республики Казахстан приняло некоторые меры чрезвычайного характера для стабилизации экономики страны и поддержки бизнеса. Настоящее информационное сообщение адресует некоторые из таких мер, включая меры по налоговому стимулированию, льготный период для погашения займов и др.
As the federal government seeks innovative solutions from a broader group of suppliers to respond to the coronavirus (COVID-19) pandemic, new or nontraditional contractors will want to familiarize themselves with the intellectual property rights associated with different contracting vehicles and circumstances.
The European Commission has provided antitrust guidance to companies cooperating in response to urgent coronavirus (COVID-19) related matters, particularly in the health sector for critical hospital medicines and medical equipment, and has also exceptionally issued a “comfort letter” on a cooperation project in the generic pharmaceuticals sector aimed at ensuring the supply of critical hospital medicines. Other ad hoc “comfort letters” may follow at the EU Commission’s discretion.
Morgan Lewis partner Stephanie Feingold spoke with Bloomberg Law about the US Environmental Protection Agency’s (EPA) decision to reduce or suspend some Superfund site cleanup work in response to the coronavirus (COVID-19) pandemic.
Employers considering layoffs in the face of the coronavirus (COVID-19) crisis have additional opportunities to support furloughed workers, aside from options offered by the CARES Act.
The US Nuclear Regulatory Commission (NRC) issued a letter on April 9 to provide guidance on reporting requirements under 10 CFR 50.55a, “Codes and Standards,” in light of the coronavirus (COVID-19) pandemic. The guidance is applicable to nuclear reactors licensed under 10 CFR Part 50.
Morgan Lewis partner Jennifer Breen spoke with Tax Notes about the US Internal Revenue Service’s decision to extend hundreds of tax deadlines to July 15.
Loans for US small businesses to keep employees on payroll during business slowdowns resulting from the coronavirus (COVID-19) pandemic became available April 3 under the Paycheck Protection Program. Loan forgiveness may be available if businesses meet certain requirements.
The Japanese government declared a state of emergency with respect to seven prefectures on April 7. The government also has issued emergency policies in response to the new coronavirus (COVID-19) pandemic, including the Emergency Economic Measures for New Coronavirus Infectious Disease Control, issued that same day.
In light of the coronavirus (COVID-19) pandemic, the Monetary Authority of Singapore, Accounting and Corporate Regulatory Authority, and Singapore Exchange Regulation on 7 April announced that they will automatically extend by 60 days the deadline for all companies to hold their annual general meetings.
As the outbreak of the coronavirus (COVID-19) continues, the Monetary Authority of Singapore has introduced a number of initiatives to assist Singapore financial institutions in supporting their customers. This LawFlash provides an overview of the MAS relief initiatives.
The UK government published updated guidance on the Coronavirus Job Retention Scheme on 4 and 9 April, providing clarity on such issues as which employees can be furloughed, what activities are permissible during furlough leave, and how to calculate furlough payments. However, the government has yet to clarify formally how annual leave will operate with respect to furloughed employees.
In response to the coronavirus (COVID-19) pandemic, Russian President Vladimir Putin asked people to stay at home and introduced non-working days, initially from 30 March to 3 April and recently extended to 30 April.
The US Nuclear Regulatory Commission (NRC) issued a letter including frequently asked questions (FAQs) on April 7 to all agreement and non-agreement states to address the NRC’s regulation of nuclear materials—and its policies and recent activities related thereto—in light of the coronavirus (COVID-19) pandemic. The NRC posted a copy of the FAQs to its password-protected Materials Security Toolbox and intends to update that site “as additional information becomes available.”
This alert reviews the impact of the Government of Japan’s recent state of emergency declaration due to the coronavirus (COVID-19) global pandemic on the practices of the Kanto Local Finance Bureau, which has switched to rotating shift work resulting in the anticipation of longer filing times.
The threat of coronavirus (COVID-19) has caused a sudden, unprecedented disruption to many areas of our lives. The decision to suspend the English Premier League (PL) is far from the most important or immediate concern, but it does factor as one of the many social, cultural, and financial fallouts of the crisis. We explore some of the legal issues arising out of the current suspension of the 2019/20 season and the legal challenges the PL and its key stakeholders will be considering in relation to the prospect of a total cancellation.
The US Securities and Exchange Commission, Financial Industry Regulatory Authority, Commodity Futures Trading Commission, and National Futures Association have each announced temporary regulatory relief for market participants whose operations may be affected by the coronavirus (COVID-19) pandemic.
To help address market participants in the face of the coronavirus (COVID-19) crisis, the Basel Committee on Banking Supervision and the International Organization of Securities Commissions have provided a one-year extension to the fifth and sixth phases of the implementation schedule of the rules requiring margin for uncleared swaps.
The NRC issued its final Temporary Staff Guidance (Final Guidance) on April 6 on its review procedures for coronavirus (COVID-19)-related Part 26 exemption requests. The NRC previously issued a draft of this guidance on April 1 and also discussed the draft during a teleconference with the industry on April 2, which we reported on.
Guidance issued by New York state on April 8 clarifies that the state COVID-19 law did not create any new entitlement for employees of large employers to use Paid Family Leave during coronavirus (COVID-19) quarantines.
Morgan Lewis partner Matt Miner spoke with Global Investigations Review about the potential impact of the coronavirus (COVID-19) pandemic on the US government’s corporate enforcement efforts.
With increasing cases of the coronavirus (COVID-19) in India, travel restrictions have been expanded and a 21-day lockdown has been implemented to contain the spread of the virus within the country.
Morgan Lewis served as pro bono co-counsel with Human Rights First in a case arguing for the release of select detainees held in Adelanto ICE Processing Center in California due to their elevated risk of contracting the coronavirus (COVID-19) pandemic. The case was featured in an article published by Los Angeles Times. The detainees represented by the firm have since been released.
Morgan Lewis partner Andrew Budreika was quoted in an Advertising Specialty Institute article about the latest developments in the CARES Act’s Paycheck Protection Program (PPP).
The Coronavirus Aid, Relief, and Economic Security (CARES) Act offers broad-based economic support for companies contending with the disruptions caused by the coronavirus (COVID-19) pandemic. This LawFlash provides a comprehensive overview of the aid that is available to or directly affects banks and related companies.
The Commodity Futures Trading Commission and the National Futures Association in recent weeks have issued relief in response to the challenges that many market participants face in light of the coronavirus (COVID-19) pandemic. This LawFlash covers the latest relief provided.
The US Nuclear Regulatory Commission (NRC) issued a letter on April 7 to all NRC licensees authorized to possess byproduct, source, and special nuclear material – excluding operating power reactor and research test reactor licensees – outlining how those licensees might seek relief from certain regulatory requirements as a result of the coronavirus (COVID-19) pandemic.
The European Commission has approved a £50 billion (EUR 57 billion) “umbrella” UK state aid scheme to support small and medium-sized enterprises and large corporates in the United Kingdom affected by the coronavirus (COVID-19) outbreak. The umbrella scheme was approved on April 6, 2020, under the State Aid Temporary Framework, as amended.
As the outbreak of the coronavirus (COVID-19) continues, the Hong Kong Monetary Authority has introduced a number of initiatives to further support small-medium enterprises. These initiatives include enhancements to standby liquidity facilities, including that banks may temporarily operate with a lower liquidity ratio and defer the implementation of certain aspects of Basel III.
The UK Financial Conduct Authority and Prudential Regulation Authority have published statements setting out their expectations of dual-regulated and solo-regulated firms on their senior managers and certification regime requirements in the context of the coronavirus (COVID-19). They intend to provide flexibility to firms where they can and have made specific provisions in light of COVID-19.
Increased measures to preempt the spread of coronavirus (COVID-19) in Singapore may cause disruption to commercial contracts, as parties unable to perform their obligations could invoke force majeure.
In three new Unemployment Insurance Program Letters, the US Department of Labor (DOL) issued guidance to state workforce agencies to implement the unemployment provisions in the CARES Act. The guidance has several important aspects for employers.
The Federal Communications Commission on March 31, 2020, established two programs to help eligible healthcare providers purchase and deploy telehealth technology. Both programs limit eligibility to healthcare providers who are public or nonprofit institutions. The programs provide immediate relief in response to the current coronavirus (COVID-19) pandemic and aim to improve telehealth outcomes over the longer term.
In light of the coronavirus (COVID-19) crisis, the Government of the Hong Kong Special Administrative Region of the People’s Republic of China (HKSAR) introduced a new Prevention and Control of Disease (Prohibition on Group Gathering) Regulation (the Group Gathering Regulation), which became effective on March 29.
As the number of coronavirus (COVID-19) infections has diminished in the People’s Republic of China (PRC), everyday life has been evolving slowly to bring employers and employees closer to the pre-COVID-19 working environment. However, schools still remain closed (with no official date set for their reopening) and large public gatherings are still prohibited. That said, while the PRC government has eased the overall pandemic prevention and control measures, employers should be aware of many new regulations at both the national and local levels to address the myriad employment issues that have arisen.
The Families First Coronavirus Response Act imposes a mandate on all employers with fewer than 500 employees, and on all federal and state employers, to provide emergency paid sick leave and emergency paid FMLA leave to employees who need leave for reasons connected to the coronavirus (COVID-19) public health emergency. Employers (other than federal and state employers) will receive a tax credit equal to 100% of the money they spend on the paid leave mandated under the law. The law is in effect from April 1, 2020 until December 31, 2020.
The coronavirus (COVID-19) pandemic in France has led to travel bans and restrictions, including the quarantine of individuals. These measures have disrupted many businesses’ supply chains and operations, including factory and store closures.
Russia’s state support for Russian businesses amid the unprecedented consequences of the coronavirus (COVID-19) pandemic has been so far focused primarily on small and mid-sized businesses. This LawFlash examines the measures Russia is taking or considering to support larger businesses coping with COVID-19.
HM Revenue & Customs has made available further details to the UK government’s 20 March announcement on a series of initiatives, including a valued added tax deferral, to support British businesses in the face of the coronavirus (COVID-19) pandemic.
With effect from 6 April, the UK government has increased the “prescribed part”—a portion of floating charge realisations that is set aside for unsecured creditors on a company’s insolvency—from £600,000 to £800,000.
Morgan Lewis partners Dennis Gucciardo, Michele Buenafe, and Jacqueline Berman authored a Bloomberg Law Insight regarding the US Food and Drug Administration’s announcement to suspend onsite routine domestic inspections in an effort to slow the spread of the coronavirus (COVID-19).
Both borrowers and lenders need to be aware of issues arising from a new US government loan program for small businesses relative to existing capital structures, although some guidance also is not yet available. Both borrowers and lenders may also request negotiations of various terms.
Read our recent LawFlash discussing the Federal Energy Regulatory Commission’s (FERC) plan to assist regulated entities in managing enforcement- and compliance- related burdens during the ongoing coronavirus (COVID-19) pandemic, particularly FERC plan to exercise prosecutorial discretion regarding events arising during the pandemic.
Japanese government officials have issued a broad travel ban, expanded to include major trading partners such as the United States, all of China, and Great Britain. With no state of emergency or stay-at-home orders currently in effect, there are ways multinational companies can continue their business and transactions in Japan during the coronavirus (COVID-19) pandemic.
Morgan Lewis partner Jennifer Breen spoke at an April 2 webinar hosted by the American Bar Association Section of Taxation. During the webinar, Jenn asked US Internal Revenue Service Chief Counsel Michael Desmond about a patenting filing extension for fiscal-year taxpayers whose filing and payment deadlines do not fall on April 15.
On March 30, 2020, the Centers for Medicare & Medicaid Services released a stunning and far-reaching interim final rule to address the coronavirus (COVID-19) crisis. The rule is a comprehensive set of policy changes designed to—almost overnight—shift the provision of healthcare services to Medicare beneficiaries from face-to-face care to remote care through telehealth. Healthcare providers must quickly understand what the rule entails to ensure that they can continue to treat their needy patient populations while maintaining compliance with Medicare billing and benefit rules.
The Director of the US Patent and Trademark Office and the Acting Register of the US Copyright Office have now taken action pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to provide relief from certain deadlines.
Given the number of employees and independent contractors working remotely, it is a good time for companies to reassess their trade secret policies and remind all personnel of their obligations to maintain and protect the confidentiality of company information.
Federal Energy Regulatory Commission Chairman Neil Chatterjee on April 2, 2020, announced the commission’s plan to assist regulated entities in managing enforcement- and compliance- related burdens during the ongoing coronavirus (COVID-19) pandemic.
As we recently reported, the US Nuclear Regulatory Commission (NRC) is prepared to grant exemptions to the work-hour controls in 10 CFR 26.205(d)(1)-(7) if the coronavirus (COVID-19) public health emergency affects a licensee’s staffing for workers who fall within the scope of Part 26.
President Donald Trump signed the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act) into law on March 27. The CARES Act aims to offer economic relief to companies and their employees due to the coronavirus (COVID-19) pandemic in the United States. Many of the CARES Act provisions impact the technology industry although the Act does not expressly provide industry-specific relief.
The designation of the food industry as critical infrastructure in the context of the coronavirus (COVID-19) pandemic has led to necessary and sensible efforts to realign the federal regulatory landscape to facilitate this essential activity, without compromising the public interest.
This edition of Morgan Lewis Retail Did You Know? examines how the Coronavirus Aid, Relief, and Economic Security (CARES) Act impacts companies in the retail and hospitality sector, which has been severely impacted by the coronavirus (COVID-19) pandemic due to the government-mandated shutdown of “non-essential businesses” in some states, as well as the decrease in customer traffic given the uncertain economic climate. Companies in the retail and hospitality sectors should carefully consider the eligibility requirements for CARES Act relief measures.
The Center for Medicare and Medicaid Services (CMS) released a far-reaching interim final rule (IFR) to address the coronavirus (COVID-19) pandemic on March 30. The IFR represents a comprehensive set of policy changes designed to shift the provision of Medicare services from face-to-face care to remote care through telehealth, in order to mitigate the risks of exposure to COVID-19 for patients and healthcare providers. Above all else, the IFR prioritizes physically distancing patients from their care teams and other patients.
The US Nuclear Regulatory Commission (NRC) and the US Department of Homeland Security’s Federal Emergency Management Agency (FEMA) issued internal guidance on March 30 regarding potential discussions with licensees and offsite response organizations (OROs) related to the postponement and rescheduling of radiological emergency preparedness (REP) exercises due to the worsening coronavirus (COVID-19) pandemic.
Texas Governor Greg Abbott issued Executive Order GA-14 on March 31, directing every person in Texas to minimize social gatherings and in-person contact with people who do not live in the same household except where necessary to provide or obtain essential services.
Helping to address a critical COVID-19 need, Morgan Lewis guided Airon Corp, a privately held company specializing in high-tech pneumatic life support products, in a collaboration with GE Healthcare, one of the world’s largest healthcare companies.
The Ministry of Law of Singapore announced the introduction of a new bill on 1 April aimed at protecting individuals and businesses that are unable to fulfil their contractual obligations because of the coronavirus (COVID-19) pandemic.
The court held in an April 1 ruling that an employer’s purported nonaccrual, “unlimited” paid vacation policy violated California Law, but left many questions unsettled. Employers with “unlimited” vacation policies should promptly review their policies to ensure compliance, and should also assess how their policies interact with other types of leave, such as those granted by Congress recently in response to the coronavirus (COVID-19) crisis.
New Jersey has enacted an expansion of the state’s Earned Sick Leave and Temporary Disability Benefits (including Family Temporary Disability Benefits) for situations related to the coronavirus (COVID-19) as well as other public health emergencies as determined by the public health authorities and/or when the governor declares a state of emergency. This Act is effective immediately.
Firms will need to separately engage with the US Securities and Exchange Commission on delays related to the coronavirus (COVID-19) pandemic.
The Massachusetts Office of the Attorney General issued an emergency rule on April 1 to prevent unfair and deceptive collection practices during the coronavirus (COVID-19) crisis. The rule temporarily prohibits some debt collectors from initiating or threatening collection lawsuits, acting on vehicle repossession, and taking steps toward wage garnishment – among other restrictions.
The Morgan Lewis healthcare team continues to monitor the developments surrounding the coronavirus (COVID-19) pandemic. We are acutely aware of what the healthcare service provider community is currently facing and are here to help.
With each passing day, more US companies are voluntarily rising to answer the president’s call to manufacture face masks, ventilators, and other critical coronavirus (COVID-19) protective equipment, but without a government contract, they may not be exempt from patent infringement liability.
With broad bipartisan support, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or Act), signed into law by the president on March 27, provides a $2 trillion economic stimulus and contains numerous and significant retirement plan, health plan, and payroll tax and fringe benefit changes to help businesses and individuals.
As the coronavirus (COVID-19) pandemic continues, state government agencies are increasingly responding with closures and cancellations. In Pennsylvania, the Department of Environmental Protection recently cancelled seven highly anticipated public hearings.
In light of the coronavirus (COVID-19) outbreak, the US Food and Drug Administration (FDA) recently issued a guidance on adverse event (AE) report for drugs, biologics, medical devices, dietary supplements, and other products during pandemics, Postmarketing Adverse Event Reporting for Medical Products and Dietary Supplements During a Pandemic (the Guidance).
As local jurisdictions attempt to slow the spread of the coronavirus (COVID-19) and “flatten the curve,” several Northern and Central California counties have updated their existing shelter-in-place orders to impose more restrictions on employers and company operations. Employers should immediately prepare for compliance with the new protocols, some of which take effect on April 2.
In response to the coronavirus (COVID-19) pandemic, on April 1, US Citizenship and Immigration Services confirmed that its offices would remain closed to the public until at least May 3.
The Coronavirus Air, Relief, and Economic Security (CARES) Act signed into law on March 27 includes an allocation of $200 million to the Federal Communications Commission (FCC) to support telehealth services and $125 million to the US Department of Agriculture’s Rural Utilities Service to expand its existing distance learning, telehealth, and broadband initiative.
The Singapore Ministry of Health (MOH) imposed tighter safe-distancing measures on 24 March to minimize further spread of the coronavirus (COVID-19). Because of the fluid and unpredictable nature of COVID-19, companies and shareholders must maintain flexibility throughout this emergency and implement alternative means to ensure compliance with MOH directives.
Foreign investment trust notifications, foreign investment corporation notifications, and Article 63 notifications required to be filed prior to making a solicitation for investments to relevant Japanese investors may be affected by the coronavirus (COVID-19) pandemic and resulting lockdowns.
The Hong Kong Securities and Futures Commission has released a number of circulars relating to COVID-19, including March 31 guidance on licensing and ongoing compliance matters. This LawFlash provides an overview of the guidance and its implications for licensed corporations.
Due to the current unstable situation in the world financial and local currency markets due to the coronavirus (COVID-19) pandemic, the National Bank of Kazakhstan has started changing currency control regulations.
The Coronavirus Air, Relief, and Economic Security (CARES) Act includes provisions to assist small business customer payroll and payment of telephone and internet bills and, in addition to other recently passed acts, aims to expand access to telehealth.
The Council of the EU announced on March 30 that the European Union has suspended the airport slot requirements until October 24. The slot requirements require airlines to use at least 80% of their slots in order to be guaranteed usage of those slots in the following year.
US Citizenship and Immigration Services (USCIS) issued a statement on March 13, 2020, clarifying that receipt of any treatment or preventive services related to the coronavirus (COVID-19) will not negatively affect an individual as part of a future Public Charge Rule analysis. This alert answers several frequently asked questions on how the receipt of COVID-19-related services will be considered under the new rule.
Two orders from the US Securities and Exchange Commission amend previous regulatory relief for certain investment advisers and investment funds affected by the coronavirus (COVID-19), provide such investment advisers and investment funds with more time to satisfy certain filing and delivery requirements, and extend the relief from requirements to hold in-person board meetings.
As the coronavirus (COVID-19) pandemic continues to evolve, regulatory and legislative authorities are taking actions, in the form of directives and orders, that could directly impact companies’ business interruption coverage. Careful review of insurance policies and insurers’ responses in light of these actions, as well as monitoring of regulatory and legislative developments, will be critical in preserving companies’ rights to coverage for COVID-19 losses.
In response to the coronavirus (COVID-19) pandemic, California Governor Gavin Newsom has issued two executive orders that place temporary restraints on the ability of landlords to evict residential tenants, authorize local governments to halt residential and commercial evictions, and call on banks and other financial institutions to suspend residential and commercial foreclosures and related evictions.
In response to the coronavirus (COVID-19) pandemic, New Jersey Governor Phil Murphy has announced an initiative whereby participating financial institutions will provide mortgage forbearance and financial protections for New Jersey residents facing economic hardship as a result of COVID-19.
The Los Angeles City Council held an emergency meeting on March 27 in response to the coronavirus (COVID-19) crisis and approved several ordinances, including one pertaining to sick leave and another relating to retail and delivery workers. The council tabled two controversial proposals that would subject employers to various obligations to retain and recall employees during and after the COVID-19 threat period.
The UK Home Office on 30 March temporarily relaxed the right to work check requirements for employers due to the coronavirus (COVID-19) outbreak.
The Centers for Medicare & Medicaid Services has expanded its payment program to provide emergency funding and increased cash flow to providers and suppliers that participate in Medicare based on historical Medicare payments in response to the coronavirus (COVID-19) pandemic.
The $2 trillion economic stimulus package laid out in the Coronavirus Aid, Relief, and Economic Security (CARES) Act includes $11 billion in appropriations for vaccines, therapeutics, and other medical needs, and $34.9 billion supporting agriculture, rural development, the US Food and Drug Administration, and related industries. This LawFlash addresses the act’s drug, device, and food product provisions, and outlines the impact of those provisions on manufacturers and other affected parties.
The Coronavirus Aid, Relief, and Economic Security Act establishes mechanisms for relief that healthcare providers are anxious to access. This alert outlines those mechanisms.
In response to the coronavirus (COVID-19) public health emergency, the US Nuclear Regulatory Commission (NRC) announced that it is prepared to grant upon request from individual Part 50 licensees, exemptions to the work-hour controls specified in 10 CFR 26.205(d)(1)-(7).
President Donald Trump signed the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act) into law on March 27. The CARES Act aims to offer economic relief to companies and their employees due to the coronavirus (COVID-19) pandemic in the United States. Although the Act does not expressly provide relief for energy companies, many of its provisions impact energy sector companies.
With the targeted relief for small businesses from the Coronavirus Aid, Relief, and Economic Security (CARES) Act come questions about whether certain entities are eligible for relief under the act’s Paycheck Protection Program. For private equity and venture capital portfolio companies, additional analysis is required to determine whether they can obtain CARES Act aid. This LawFlash analyzes such companies’ ability to successfully apply for and receive relief.
In updated guidance to the Coronavirus Job Retention Scheme announced March 20, the UK government gives employers much needed clarity about how the scheme will work in practice, as well as details on the permitted carryover of annual leave.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act, the historic $2.2 trillion fiscal stimulus bill signed into law on March 27, authorizes the US Patent and Trademark Office and US Copyright Office to extend statutory deadlines in response to the coronavirus pandemic.
A new law in Germany aims to benefit consumers and microenterprises by protecting the loss of essential services in the form of temporary deferrals of contractual obligations and loans during the coronavirus (COVID-19) pandemic.
Connecticut Governor Ned Lamont has released additional guidance on essential business definitions, clarifying previous orders and providing processes and forms for requesting exemptions, during the coronavirus (COVID-19) pandemic.
A number of updates to the arrangements in the English and Welsh Courts have been made since our last update on 26 March, including the expanded use of video and audio conferencing.
The staff of the US Securities and Exchange Commission (SEC) has given registered open-end management companies (mutual funds) an additional tool in the wake of the coronavirus (COVID-19) crisis to combat the potentially deleterious effects of dislocations in the debt markets.
As the coronavirus (COVID-19) continues to spread around the world, this remains an unprecedented time for global industry. The same is true for outsourcing and managed services arrangements: both service providers and customers find themselves under unique pressures and in unchartered circumstances testing the parameters and strengths of their solutions and business continuity plans.
President Vladimir Putin called on people living in Russia to stay at home from 28 March-5 April and announced non-work days from 30 March-3 April in response to the coronavirus (COVID-19) pandemic.
As we reported on Health Law Scan, the Centers for Medicare and Medicaid Services (CMS) issued an Open Payments COVID-19 Announcement on March 25, citing its plans to exercise enforcement discretion regarding the late or incomplete submission of Program Year 2019 data in some cases.
A week after first issuing guidance identifying the workers considered essential for critical industries in the United States during the coronavirus (COVID-19) pandemic, the US Department of Homeland Security’s Cybersecurity & Infrastructure Security Agency (CISA) on March 28, 2020, revised that guidance to capture a broader array of workers, particularly in the energy sector.
HM Revenue & Customs has released guidance setting out temporary changes to its stamping procedure, which will apply for the duration of the coronavirus (COVID-19) measures in the United Kingdom.
The US Environmental Protection Agency announced a temporary policy regarding its enforcement of certain environmental legal obligations in an effort to protect workers and the public from exposure to the coronavirus (COVID-19).
Overwhelmingly passed by both houses of the US Congress this week and signed into law by President Donald Trump on March 27, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provides a $2 trillion economic stimulus and contains many major tax changes to help businesses and individuals.
The US Department of Labor (DOL) issued additional frequently asked questions on March 27 to explain how the recently enacted Emergency Paid Sick Leave Act and the Emergency Family Medical Leave Expansion Act (Emergency FMLA) will work in various situations during the coronavirus (COVID-19) crisis.
In response to the US president’s declaration of a national emergency due to the coronavirus (COVID-19) pandemic, on March 20 the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a notice to operators stating that, effective immediately and until further notice or modification, PHMSA does not intend to take any enforcement action with respect to operator qualification (OQ) and control room management (CRM) requirements, and will consider exercising enforcement discretion regarding certain drug testing requirements.
In response to the coronavirus (COVID-19) pandemic, US Citizenship and Immigration Services (USCIS) on March 25, 2020, extended suspension of routine in-person services until at least April 7, 2020. USCIS had previously announced it would temporarily close its domestic field offices and asylum offices to the public from March 18 until April 1.
Tenants and landlords should consider whether certain provisions such as force majeure, frustration of purpose, and/or impracticability of performance can protect them under current leases—and whether to include such provisions in future leases—as a result of the current coronavirus (COVID-19) pandemic.
Due to Coronavirus (COVID-19) pandemic, US Citizenship and Immigration Services (USCIS) announced today that applicants and petitioners who receive a Request of Evidence (RFE) or Notice of Intent to Deny (NOID) dated between March 1, 2020, and May 1, 2020, will receive an additional 60 calendar days after the response deadline set forth in the RFE or NOID notice to submit a response before any action is taken.
Over the past few days, several civic and environmental organizations have requested that federal departments and agencies pause rulemaking activities in response to the worsening coronavirus (COVID-19) pandemic.
This is the first in a series of alerts from Morgan Lewis’s investment management team in Tokyo that summarize how the coronavirus (COVID-19) global pandemic impacts investment fund-related businesses in Japan. This first alert summarizes how the pandemic impacts annual business report filing requirements, particularly for financial instruments business operators and business operators conducting permitted businesses for qualified institutional investors under Article 63 of the Financial Instruments and Exchange Act.
The European Commission on March 25 issued guidelines addressed to its member states outlining an EU-wide approach for foreign direct investment screening. The guidelines seek to protect EU companies as well as critical assets that are essential for the EU’s security and public order, particularly in the areas of health, medical research, and biotechnology.
As the effects of the coronavirus (COVID-19) pandemic hit the United States, downsizings and shutdowns are spreading indiscriminately throughout the economy.
A French public health emergency bill authorizes the government to derogate from certain legal and regulatory provisions by means of ordinances in order to deal with the economic, financial, and social consequences of the coronavirus (COVID-19) pandemic.
The ultimate impact of the coronavirus (COVID-19) pandemic on shareholder activism remains largely uncertain and comparisons with the surge in activism that followed the 2008 global financial crisis are tempting, but suspect as it remains questionable whether activists can still rely on the same forces that have been driving activism.
The Families First Coronavirus Response Act imposes a mandate on all employers with fewer than 500 employees, and on all federal and state employers, to provide paid time off to employees who need leave for reasons connected to the public health emergency.
Despite the coronavirus (COVID-19) pandemic, dispute resolution carries on. Read on for a summary of the current (as of 26 March) arrangements in English and Welsh courts, two of the main arbitration institutions, one of the main dispute resolution centres in London, and one of the most popular commercial mediation services.
In light of the hand sanitizer shortage during the coronavirus (COVID-19) pandemic, many manufacturers are seeking alternative sources of alcohol for incorporation into their hand sanitizer products.
Widely expected to pass both houses of the US Congress by March 27, and to be signed into law by the president, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) lays out a $2 trillion economic stimulus, including over $300 million in emergency supplemental appropriations. This is a high-level summary of key portions of the bill.
While offering guidance on which financial services workers could be considered essential, the UK Financial Conduct Authority says that firms themselves are best placed to make those decisions.
Through FDA’s Policy for Certain REMS Requirements During COVID-19 Public Health Emergency, FDA provides temporary relief from laboratory testing and imaging requirements for certain drugs and biologics subject to REMS with those specific prerequisites.
New guidance from UK Competition and Markets Authority allows coordination between businesses in certain circumstances, such as to avoid shortages, protect the public interest, and safeguard health, amid the coronavirus (COVID-19) pandemic. However, the guidance also underscores that the UK authority will not tolerate coordination between businesses or unilateral conduct by a business with significant market power that seeks to exploit the crisis.
The UK government has announced that companies will be given an additional three months to file accounts with Companies House to help companies avoid penalties as they deal with the impact of the coronavirus (COVID-19).
Companies complying with orders under the Defense Production Act should be aware, and prepared to manage, potential False Claims Act liability that arises with government funding.
All IRA owners have until July 15, 2020 to make IRA contributions for 2019 and pay early distribution penalties for 2019, but a few questions remain on deadlines and reporting for IRA providers.
During the coronavirus (COVID-19) outbreak, FDA guidance allows healthcare providers to prescribe drugs subject to Risk Evaluation and Mitigation Strategies without conducting the required laboratory tests or imaging studies. Providers should communicate their medical judgments and the risks to their patients, and manufacturers should document and summarize steps taken to accommodate patient access to such drugs in their next REMS assessment report to FDA.
In order to avoid a large number of corporate insolvencies, the German Parliament adopted a law on March 25 to mitigate the consequences of the coronavirus (COVID-19) pandemic in civil, insolvency, and criminal procedural laws. The law will be effective retroactive to March 1, 2020.
During the economic upheaval caused by coronavirus (COVID-19), defined contribution plan participants (i.e., participants in 401(k) plans, 403(b) plans, etc.) may look to their plan account balances to alleviate financial challenges.
Morgan Lewis partner Sheri Dillon was quoted in a Tax Notes article about the US stimulus bill, Coronavirus Aid, Relief, and Economic Security (CARES) Act (H.R. 748).
The US Securities and Exchange Commission announced on the morning of March 25 the extension of filing periods covered by previously enacted conditional reporting relief for certain public company filing obligations, and provided current views regarding disclosure considerations and other securities law matters related to the coronavirus (COVID-19) crisis.
UK emergency state aid measures for small and medium-sized enterprises related to the coronavirus (COVID-19) pandemic will include direct grants and guarantees covering 80% of loan facilities.
The US Securities and Exchange Commission is providing increased flexibility to certain open-end funds and insurance company separate accounts, plus no-action relief to money market funds and their affiliates amid the coronavirus (COVID-19) pandemic.
The UK Home Office has issued further guidance for individuals who are currently in the United Kingdom and unable to return to their home countries due to the coronavirus (COVID-19), as well as for individuals applying for UK visas outside the UK.
In response to the coronavirus (COVID-19) crisis, New York Governor Andrew Cuomo has issued two executive orders that place temporary restraints on the ability of banks, residential mortgage servicers, and landlords to exercise remedies under certain agreements, mortgages, and leases.
Recent updates include temporary travel restrictions for land ports of entry to the United States, temporary restrictions on nonessential travel to Canada, and similar restrictions on entry into Mexico. These restrictions may be expanded at any time.
This LawFlash addresses the potential impact of anti-price-gouging efforts by government enforcement officials on anticipated civil litigation, particularly class actions premised on state unfair and deceptive practices acts. Many parties in the supply chain for food, emergency, and medical supplies, as well as consumer goods, are potentially subject to price-gouging investigations by government officials and each therefore face risk from consumer actions based on the same alleged underlying conduct.
Over the past days and weeks, various US state and local governments have issued orders that restrict travel and certain gatherings in an effort to slow the spread of the coronavirus (COVID-19). Although those orders have largely excepted, among others, individuals who are employed by industries that provide critical infrastructure, a lack of uniformity among those ordersand their piecemeal, jurisdictional naturehas caused some confusion. Recent guidance issued from the US Department of Homeland Security aims to reduce this confusion.
In response to the coronavirus pandemic, the UK government announced “£330 billion of guarantees,” which is divided into two schemes: the Covid Corporate Financing Facility and the Coronavirus Business Interruption Loan Scheme.
California Governor Gavin Newsom has issued multiple orders affecting how and under what conditions state and local agencies may meet and discuss and/or approve of contracts for services and products during the coronavirus (COVID-19) pandemic.
The Internal Revenue Service on March 24 published a first set of answers to frequently asked questions regarding the federal income tax return filing and payment relief provided in Notice 2020-18. This LawFlash discusses the clarifications provided by the FAQs, and where questions remain.
In managing the quickly evolving healthcare landscape during this current crisis, healthcare companies should be wary of fraudsters who attempt to divert critical resources.
The California attorney general on March 12 released additional modified regulations (Second Set of Modifications) proposing further refinements to the California Consumer Privacy Act. This latest set are mostly minor adjustments, introducing fewer significant new concepts than the previous iterations on October 11, 2019 and February 7 and 10, 2020. Against this backdrop, businesses responding to the coronavirus (COVID-19) outbreak seek enforcement delays as the regulations approach final form.
The US Federal Trade Commission and the Antitrust Division of the US Department of Justice have announced that they aim to respond within one week to coronavirus (COVID-19) collaborative proposals submitted pursuant to the agencies’ respective processes.
The UK government recently announced a series of further initiatives to support British businesses in the face of the coronavirus (COVID-19) pandemic, including a VAT deferral and business rate holidays.
The UK government has made a number of announcements that may affect individuals who are UK resident taxpayers, including income tax deferral and statutory sick pay changes, during the coronavirus (COVID-19) pandemic.
Employers with self-insured health plans may be thinking about making coronavirus (COVID 19)-related changes, such as waiving the patient responsibility portion of the charge for a hospital stay that is related to COVID-19. If there is stop loss insurance, it is important to consider the implications of a plan design change.
The FDA issued guidance on March 20 for the manufacture of hand sanitizers by companies not previously registered to make OTC drugs.
This LawFlash covers the regulatory relief that has been granted thus far, and where government enforcement and program integrity fits against that backdrop.
The European Commission on 19 March adopted a Temporary Framework for State Aid to support the economy in the context of the COVID-19 outbreak, based on Article 107(3)(b) of the Treaty on the Functioning of the European Union, which enables the Commission to approve national support measures to remedy a serious disturbance to the economy of European Union member states.
In light of the coronavirus (COVID-19) pandemic, here are some questions for employers to consider with regard to Form I-9 compliance.
For UK employers, the most relevant changes under the 12 March announcement relate to the EU Settlement Scheme, indefinite leave to remain, youth mobility scheme, and immigration health surcharge increases.
Aided by ingenuity and growing regulatory flexibility, retail pharmacies across the country are finding ways to serve their customers while reducing face-to-face contact. Protocols may vary by state.
As of March 20, the US Citizenship and Immigration Services suspended the Premium Processing service for all Form I-129 and I-140 petitions, and the US Department of State suspended routine, nonemergency visa services globally as a result of coronavirus (COVID-19).
The Federal Communications Commission is easing gift rules for participants in the RHC and E-Rate programs so that broadband providers can help support these critical institutions responding to the coronavirus.
The NRC recently hosted a public meeting—exclusively via teleconference—to discuss regulatory implications of the coronavirus (COVID-19) pandemic for power reactor licensees. Of particular note, the NRC Staff is developing pandemic-related enforcement guidance. The first installment of this guidance is expected to be released early this week.
The Federal Communications Commission provided narrow relief to certain entities allowing the use of automatic telephone dialing systems to send “informational” communications directly related to the coronavirus (COVID-19) outbreak without violating the Telephone Consumer Protection Act.
Further to our previous updates on how employers should respond to the coronavirus (COVID-19) emergency, this LawFlash discusses the measures UK Chancellor Rishi Sunak announced on 20 March regarding the new Coronavirus Job Retention Scheme, the new ability for workers to take emergency volunteer leave, and the conduct of Employment Tribunal proceedings during the pandemic.
This edition of Morgan Lewis Retail Did You Know? examines the impact of anti–price-gouging efforts by government enforcement officials in the time of the coronavirus (COVID-19) pandemic.
A financial crisis-era program is being resurrected to fight the liquidity crisis caused by the global coronavirus (COVID-19) pandemic through lending collateralized by new issuances of asset-backed securities.
Morgan Lewis partners Jennifer Breen and Steven Johnson’s letter to the US Internal Revenue Service (IRS) regarding the coronavirus (COVID-19) outbreak was cited in a Tax Notes article about close-of-tax year issues.
Can the government compel your company to sell its products to the government, even if committed to commercial customers? In the last few days, many companies have received their first “rated order” under the Defense Product Act of 1950 (DPA), or their employees are seeing rated orders for the first time. Here is what you need to know about the DPA and rated orders.
Our employee benefits and executive compensation practice is available to help employers evaluate and troubleshoot potential issues arising from the changing work environment and economic situation caused by the COVID-19 pandemic.
FDA Announces Path Forward to Protect Food Supply During COVID-19 Period
New Jersey Governor Phil Murphy on March 21 signed Executive Orders 107 and 108, which took effect at 9:00 pm the same day. Executive Order 107 mandates that all residents remain home unless performing certain delineated activities; orders the closure of brick-and-mortar retail locations of all non-essential businesses; and instructs all businesses and nonprofits—even those deemed essential—to implement telework or work-from-home options for employees, to the extent practicable.
In response to the coronavirus (COVID-19), the US Department of Labor’s (DOL’s) chief administrative law judge (ALJ) issued an administrative order on March 19 clarifying the status of matters pending before the DOL’s Office of Administrative Law Judges (OALJ).
In light of the hand sanitizer shortage during the coronavirus (COVID-19) emergency, many companies have been trying to find alternative sources of product, especially employers in healthcare and essential service sectors where employees are still present or interacting with consumers. In response, the US Food and Drug Administration (FDA) issued guidance on March 20 for the manufacture of hand sanitizers by companies not previously registered to make over-the-counter (OTC) drugs.
The US Department of Homeland Security will defer the physical presence requirements for Form I-9 completion for employers and workplaces that are operating remotely and permit virtual review, which must be timely. In-person verification must occur within three days of return to worksite or the end of the national emergency.
The White House is reportedly in discussions with US auto companies to aid in the COVID-19 relief effort by producing ventilators, and some US distilleries have already switched manufacturing operations to make hand sanitizer.
FDA representatives on March 18 initiated a conference call with representatives of the food industry to discuss public health and food safety issues related to the coronavirus (COVID-19) outbreak. The FDA was represented by Frank Yiannas (FDA Deputy Commissioner for Food Policy and Response), Michael Rogers (Assistant Commissioner for Human and Animal Foods), and Dr. Susan Mayne (Director of the Center for Food Safety and Applied Nutrition).
Two days after extending by 90 days the deadline for payment of certain federal income taxes, on March 20, US Secretary of the Treasury Steven Mnuchin announced that the Internal Revenue Service will also extend the deadline for filing federal income tax returns to July 15, 2020. The IRS confirmed Secretary Mnuchin’s announcement by releasing Notice 2020-18, which supersedes Notice 2020-17 (discussed in our March 19 LawFlash).
While the unprecedented consequences of the coronavirus (COVID-19) outbreak have already become commonplace, many aspects of its influence on various business activities remain to be understood. In this LawFlash, we examine how the COVID-19 pandemic may affect certain regulatory deadlines and routine filings, including filings under the Russian competition law.
Functioning critical infrastructure is crucial during the response to the coronavirus (COVID-19) emergency for public health and safety reasons. And as noted in the Coronavirus Guidelines for America issued on March 16, US President Donald Trump has recommended that workers in critical infrastructure industries have a “special responsibility” to maintain normal work schedules. The Cybersecurity and Infrastructure Security Agency (CISA) on March 19 issued guidance on defining the Essential Critical Infrastructure Workforce. That guidance explicitly discusses workers in the nuclear and electric industries.
Morgan Lewis partner Matt Miner spoke with Law.com for an article about the impact of the coronavirus (COVID-19) on white collar investigations.
Functioning critical infrastructure is crucial during the response to the coronavirus (COVID-19) emergency for public health and safety reasons. And as noted in the Coronavirus Guidelines for America issued on March 16, US President Donald Trump has recommended that workers in critical infrastructure industries have a “special responsibility” to maintain normal work schedules. The Cybersecurity and Infrastructure Security Agency (CISA) on March 19 issued guidance on defining the Essential Critical Infrastructure Workforce. That guidance explicitly discusses workers in the nuclear and electric industries.
The UK government announced on March 19 that as part of a package of measures to allow supermarkets to work together to feed the nation during the coronavirus (COVID-19) outbreak, elements of competition law will be temporarily relaxed for the food sector. Authorities, however, stressed that they will remain vigilant against competition law infringements.
The Families First Coronavirus Response Act (Act), signed into law Wednesday, requires group health plans to provide coverage for coronavirus (COVID-19) diagnostic testing, including the cost of healthcare provider visits (as well as telehealth visits), urgent care center visits, and emergency room visits in order to receive testing. Coverage must be provided at no cost-sharing to participants.
The rapidly evolving coronavirus (COVID-19) crisis has given rise to several immediate impacts to ongoing cleanups of contaminated sites under state and federal environmental laws.
The spread of the coronavirus (COVID-19) continues to impact global financial markets and private funds. Private investment fund managers should consider—in addition to the potential economic exposure from unsteady financial markets—numerous risks to their businesses and the funds they manage from operational and other disruptions that may occur as a result of the global pandemic.
In response to heightened Freedom of Information Act (FOIA) activity since 2012, federal agencies have increased their FOIA staff by 21%. This staffing increase has contributed to a nearly 70% surge in federal government spending on FOIA-related expenses. But with the coronavirus (COVID-19) pandemic causing FOIA staff to telework at most federal agencies, many FOIA requesters are left wondering how COVID-19 will affect their information-gathering efforts. For now, the answer seems to be that the FOIA process—including the timing of most agency responses—will generally be unaffected.
As we noted in our previous Health Law Scan blog CMS Issues Program Instructions for Medicare Telehealth Waiver, CMS issued program instructions on March 17 to implement the Medicare telehealth waiver in response to the coronavirus (COVID-19) crisis.
Commission Chairman Neil Chatterjee held a press conference on March 19 to discuss FERC’s work during the current pandemic, provide updates regarding the coronavirus (COVID-19), and respond to questions from the media.
The coronavirus (COVID-19) pandemic is historic, fast-moving, and constantly evolving. While the most immediate concerns involve the public health and restoring business operations to normalcy, certain steps may be necessary in the near term to protect your insurance assets, which may help mitigate financial losses.
For-cause inspections will proceed if deemed “mission critical.” The US Food and Drug Administration (FDA) had previously announced on March 10 that routine foreign inspections were suspended. FDA suggests that it may attempt to conduct domestic inspections through other means.
The Federal Housing Finance Agency (FHFA) and the US Department of Housing and Urban Development (HUD) announced on March 18 that they have directed Fannie Mae and Freddie Mac, the government sponsored enterprises (GSEs), to suspend foreclosures and evictions for at least 60 days due to the coronavirus (COVID-19) national emergency.
FERC and NERC issued a joint notice on Wednesday providing compliance flexibility on certain key reliability standard requirements during the ongoing coronavirus (COVID-19) pandemic. Although this guidance can allow utilities to avoid findings of noncompliance for certain requirements where timely compliance activities could be difficult due to personnel shortages and other limitations, this is not a blanket waiver. Instead, utilities must provide written notices of their intent to use this guidance. The content of those notices must be drafted carefully as they will be necessary to demonstrate compliance in future reviews.
FERC and NERC issued a joint notice on Wednesday providing compliance flexibility on certain key reliability standard requirements during the ongoing coronavirus (COVID-19) pandemic. Although this guidance can allow utilities to avoid findings of noncompliance for certain requirements where timely compliance activities could be difficult due to personnel shortages and other limitations, this is not a blanket waiver. Instead, utilities must provide written notices of their intent to use this guidance. The content of those notices must be drafted carefully as they will be necessary to demonstrate compliance in future reviews.
The day after US Secretary of the Treasury Steven Mnuchin’s announcement on March 17, the Internal Revenue Service issued helpful guidance (Notice 2020-17) on the coronavirus (COVID-19) crisis. Importantly, the IRS is deferring all federal income tax payments due April 15, 2020 for 90 days.
The coronavirus (COVID-19) outbreak has urged the Russian authorities to take immediate steps to respond to the pandemic. The rules apply to every employer in Russia, whether a governmental agency or a company, or a branch or representative office of a company, including foreign companies. We summarize some of them below.
Many Commodity Futures Trading Commission registrants and other market participants are responding to the coronavirus (COVID-19) pandemic by implementing business continuity plans that move personnel from their “normal business sites,” which implicates CFTC regulatory requirements.
In addition to the federal government action to provide paid leave to workers impacted by the coronavirus (COVID-19) outbreak, numerous states and local governments have proposed, and in a few cases enacted, additional leave laws that would also benefit impacted workers.
The virus that causes the coronavirus (COVID-19) disease is highly susceptible to standard treatment and disinfectant processes practiced by the nation’s public water systems. All current evidence suggests that these standard disinfection processes can remove and/or inactivate the COVID-19 virus before it contaminates drinking water. As a result, “[the US Environmental Protection Agency] recommends that Americans continue to use and drink tap water as usual.”
The New Jersey Department of Labor & Workforce Development (NJDOL) has issued guidance for employees on navigating coronavirus (COVID-19) issues using benefits already available statewide, which the NJDOL touts as “among the most comprehensive… in the country, [and] which cover all employees.”
Chief Secretary to the UK Treasury Stephen Barclay announced in the House of Commons on 17 March that the government’s imminent off-payroll working rules (IR35) reforms in the private sector will be postponed until 6 April 2021. The chief secretary explained that the decision to defer the reforms had been taken in view of the ongoing spread of the coronavirus (COVID-19) to help businesses and individuals.
In the face of the coronavirus (COVID-19) pandemic, the US president’s National Emergency Declaration, issued on March 13, set in motion several actions required of other agencies to provide the regulatory relief needed to ensure that healthcare providers have flexibility in responding quickly to the growing need in the United States.
As the coronavirus (COVID-19) pandemic continues to grow, the US Food and Drug Administration (FDA) on March 18 issued a guidance document titled FDA Guidance on Conduct of Clinical Trials of Medical Products during COVID-19 Pandemic. The guidance provides general considerations to “assist sponsors in assuring the safety of trial participants, maintaining compliance with good clinical practice (GCP), and minimizing risks to trial integrity . . . .”
Consular sections of US embassies around the world, as well as US Citizenship and Immigration Services, are beginning to announce cancellations of certain in-person services, including routine nonimmigrant and immigrant visa appointments, in response to the coronavirus (COVID-19) pandemic.
The UK Financial Conduct Authority (FCA) issued a further statement on 17 March elaborating usefully on its initial statement of 4 March (see our prior blog). Strikingly, it has abandoned the rather terse tone of the initial statement in favour of a more reassuring and understanding one, recognising the pressures exerted by the pandemic on regulated firms and consumers. Here are the key points.
As countries grapple with the spread of the coronavirus (COVID-19) pandemic, recent international travel restrictions have been put in place around the world, including in Europe, Canada, India, and Australia. This LawFlash covers the latest travel impacts in those areas and discusses visa and other considerations for international travelers, employers, and employees.
With the increasing numbers of coronavirus (COVID-19) cases and the declaration of a global pandemic by the World Health Organization, the pharmaceutical and biotech industries are assessing how this situation may impact business operations.
In responding to the coronavirus (COVID-19) pandemic, the mantra of “working together” is heard often. But as businesses confront sudden and extensive demand and supply disruptions—and a range of sometimes conflicting information and guidance from the public sector about the health crisis—questions inevitably arise about the extent to which the private sector can coordinate its responses consistent with the antitrust laws.
Global financial markets have experienced unprecedented volatility as heightened concerns about the ongoing coronavirus (COVID-19) pandemic take hold and its impact on the global macroeconomic landscape remains unknown. From its record high, the S&P 500 has plunged as much as 30%, and companies in sectors disproportionately impacted by COVID-19–particularly those that have had to reduce or suspend operations to comply with the current social distancing guidance from the US Centers for Disease Control and Prevention–have experienced stock price declines of more than 70% from their 52-week highs.
The US Securities and Exchange Commission on March 13 announced temporary regulatory relief for registered investment advisers and exempt reporting advisers as well as for registered funds, registered unit investment trusts, and business development companies whose operations may be affected by the coronavirus (COVID-19). Most notably, the relief provides up to an additional 45 days for eligible advisers and funds to satisfy relevant filing and delivery requirements, and exempts eligible funds from in-person voting requirements.
CMS issued program instructions on March 17 (through a Fact Sheet and FAQ) to implement the Coronavirus Preparedness and Response Supplemental Appropriations Act (CPRSAA), which was enacted on March 6 in response to the coronavirus (COVID-19) crisis.
Following President Donald Trump’s national emergency declaration on March 13, the US Department of Health and Human Services has finalized licensure waivers that would permit physicians participating in Federal health care programs to receive payment for telemedicine services in states where they do not hold a license during the coronavirus (COVID-19) emergency. The waivers were published on March 15, with a retroactive effect back to March 1.
The spread of the coronavirus (COVID-19) continues to impact global financial markets and private funds. Institutional investors, funds-of-funds, family offices, and other investors in private funds should consider the economic exposure to their private fund investments from operational disruptions that may occur as a result of the pandemic.
With significant business disruptions occurring as a result of coronavirus (COVID-19), companies should consider how insurance coverage, including business interruption, supply chain, and event cancellation coverage, can help mitigate losses.
The Russian parliament urgently passed a new law on 14 March that amends the Federal Law on Joint Stock Companies (the JSC Law) to allow shareholder meetings in 2020 to be conducted by absentee voting if the agenda includes certain items.
As the coronavirus (COVID-19) continues to spread in the United Kingdom, employers must ensure that they remain compliant with current employment and data protection laws in dealing with the myriad of issues that may arise, and keep up to date with UK government information and recommendations as the situation changes daily.
The staff of the Securities and Exchange Commission’s Division of Corporation Finance on March 13 issued guidance designed to assist companies in complying with federal proxy rules in light of the coronavirus (COVID-19) outbreak. The guidance clarifies flexibility under the federal proxy rules for companies wishing to effect changes to annual meetings, including moving from physical locations to virtual or hybrid meetings.
The US Environmental Protection Agency (EPA) recently released a new list of disinfectants that can be used against the virus that causes the coronavirus (COVID-19) disease.
As the coronavirus (COVID-19) continues to spread in the United Kingdom, employers must ensure that they remain compliant with current employment and data protection laws in dealing with the myriad of issues that may arise, and keep up to date with UK government information and recommendations as the situation changes daily.
The EU watchdog, The European Securities and Markets Authority (ESMA), which coordinates securities market supervision across the 27 countries of the European Union, announced on March 11 that it was prepared to use its powers to ensure the orderly functioning of markets, financial stability, and investor protection, and issued the following recommendations to financial market participants (FMPs) in the European Union.
President Donald Trump expanded the ban on March 14 on US admissions to include all individuals who have traveled to the United Kingdom and/or Ireland during the 14-day period preceding their anticipated entry to the country. The new restrictions are slated to take effect at midnight (EST) on Monday, March 16.
Morgan Lewis partner Jennifer Breen spoke with Law360 about the US Internal Revenue Service’s response to Coronavirus COVID-19.
The Morgan Lewis healthcare team is keeping up to date on all of the developments surrounding coronavirus (COVID-19). We have compiled a list of our recent publications for ease of access.
The pharmaceutical and biotech industries are assessing how the coronavirus (COVID-19) pandemic may impact business operations. Presently, most countries have confirmed cases of COVID-19 and thousands of people have had confirmed diagnoses. Given the global impact of this virus, the global nature of the pharmaceutical and biotech industry, and the rapidly changing infection landscape, key operational areas will be impacted, and understanding the regulatory and legal implications of these effects and steps to mitigate them are critical.
The French government has enabled expedited procedures for employers to facilitate partial unemployment during the coronavirus (COVID-19) outbreak and has slightly increased the hourly employment allowance.
Tax Notes featured a March 12 letter to the IRS authored by Morgan Lewis partners Jennifer Breen and Steven Johnson. The letter outlines recommendations on how the agency can best address the myriad of questions and compliance issues resulting from the growing reach of COVID19.
An Insight article authored by Morgan Lewis partner Tess Blair, senior attorney Vincent Catanzaro, special legal consultant Axel Spies, and of counsel Jennifer Williams was cited in a Straits Times article about navigating privacy compliance during the 2019 Novel Coronavirus (COVID-19) outbreak.
Morgan Lewis recently submitted a comprehensive list of IRS relief recommendations to the head of the IRS Office of Chief Counsel.
The US Food and Drug Administration is working to facilitate emergency use authorization for coronavirus (COVID-19) medical devices, including diagnostic tests and respirators, while also working with the Federal Trade Commission to crack down on unapproved products.
Following the increased spread of COVID-19 within the United States, the North American Electric Reliability Corporation (NERC) issued a Level 2 Alert on March 10 to all users, owners, and operators of the bulk-power system, outlining a series of recommendations and requiring certain responses from each entity about their plans for continued reliable operation under pandemic circumstances.
In this LawFlash, Morgan Lewis healthcare industry partner Susan Feigin Harris analyzes recent CMS guidance on Emergency Medical Treatment and Labor Act (EMTALA) requirements and implications related to the coronavirus (COVID-19).
In an effort to contain the spread of coronavirus (COVID-19), US President Donald Trump announced on March 11 that entry into the United States has been suspended for all individuals who were physically present in the Schengen area—comprising 26 European states—during the 14-day period preceding their anticipated entry into the country. This travel restriction, which is slated to remain in place for an initial 30-day period, will take effect at 11:59 pm ET on March 13. Passengers on flights that departed prior to this date and time will not be subject to the suspension. The suspension will be applied at all US ports of entry, including land and sea ports.
The IRS issued guidance on March 11 that clears the way for employers to offer employees covered by a high-deductible health plan (HDHP) testing and treatment for the 2019 Novel Coronavirus (COVID-19) with no deductible or at a lower deductible.
The Centers for Medicare & Medicaid Services (CMS) continues to issue frequent guidance to the healthcare industry, including guidance after receiving questions on fulfilling Emergency Medical Treatment and Labor Act screening obligations by hospitals and critical access hospitals while minimizing the risk of exposure from COVID-19 patients.
The Centers for Medicare & Medicaid Services (CMS) issued a statement on March 9 related to actions the agency is taking to protect the health and safety of patients and providers. CMS urges providers to stay abreast of CDC guidance on the 2019 Novel Coronavirus (COVID-19).
Introduced as part of the reforms under the Good Work Plan, amendments to Section 1 of the UK’s Employment Rights Act 1996 will impose new obligations on employers in the provision of written statements of particulars of employment. Employers should review and update their standard employment contracts to ensure compliance with these new requirements.
As part of emergency funding to combat the threat of the 2019 Novel Coronavirus (COVID-19), last week Congress waived many of the telehealth restrictions for Medicare services in certain situations. This monumental change could—depending on how it is implemented—radically alter how telehealth is performed in connection with the government’s most ubiquitous healthcare program.
The EU General Data Protection Regulation allows the temporary suspension of some data-protection rights in times of crisis, such as the outbreak of the 2019 Novel Coronavirus. This installment of The eData Guide to GDPR discusses the nature of those suspensions, and how the need to address the ongoing health crisis is being balanced with data-protection rights in Italy, France, and Germany.
Recent guidance from the Office for Civil Rights and the Centers for Medicare and Medicaid Services reiterates that existing privacy laws and emergency preparedness standards provide an effective framework for providers during the 2019 Novel Coronavirus outbreak.
The French government recently published a Q&A document in response to concerns about the 2019 Novel Coronavirus, detailing the steps that companies must take if an employee is infected or returns from a risk area and is placed in isolation, or if a company has to reduce its activities.
As employers prepare plans to handle possible alternate employee work arrangements in light of the 2019 Novel Coronavirus outbreak, it is important to keep in mind how these plans and policies—including telework policies—may affect foreign national employees working pursuant to US work visas.
A blog post authored by Morgan Lewis partner Michelle McCarthy and of counsel Saghi Fattahian was cited in an HR Daily Advisor article about the 2019 Novel Coronavirus (COVID-19) and HIPAA compliance.
The Asset Management Association of China encourages new private equity funds to invest in medical enterprises related to epidemic prevention and control, and has extended certain reporting deadlines.
Since the 2019 Novel Coronavirus (COVID-19) was first detected in December, the death toll has continued to rise as the virus quickly spreads. Centers for Disease Control (CDC) officials have stated that while the immediate risk of the virus to the American public is believed to be low at this time, US employers should more closely consider employee safety and ways to address disease prevention in the workplace.
The 2019 Novel Coronavirus (COVID-19) outbreak has led to travel bans and restrictions, the lockdown of cities, and the quarantine of individuals. These government measures have disrupted businesses and supply chains, and many companies listed on the Singapore stock exchange have announced disruptions to their operations in China, including factory and store closures.
As employers in the People’s Republic of China have proceeded or attempted to resume operations since the end of the extended Spring Festival period in early February, they have faced various preapproval and filing requirements imposed by local governments based on several epidemic prevention and control measures implemented to control the spread of the 2019 Novel Coronavirus.
The UK government has published a policy paper detailing its new points-based immigration system, as well as updates on right to work checks for EEA nationals and guidance for individuals unable to return to China from the United Kingdom due to the 2019 Novel Coronavirus outbreak.
The Singapore government has introduced additional control measures to minimize the risk of further transmission of the 2019 Novel Coronavirus in the community. Employers in Singapore must take proactive steps within the legal boundaries to ensure the workforce remains safe and productive and to minimize disruption to operations.
With the situation surrounding the 2019 Novel Coronavirus rapidly changing, key practical considerations for financial institutions regulated by the Hong Kong Securities and Futures Commission and Hong Kong Monetary Authority include business continuity planning, contract issues, and notification and filing requirements.
With the situation surrounding the 2019 Novel Coronavirus (COVID-19) rapidly changing, multinational companies with operations in Hong Kong should be aware of how to handle challenging employment issues during this time. This LawFlash provides insight based on existing laws and legislation in Hong Kong, including previous guidelines issued by the Hong Kong Labour Department on labor-related matters arising from the Severe Acute Respiratory Syndrome (SARS) outbreak in 2003. Companies with employees in Hong Kong should consult this guidance in responding to COVID-19.
In the changing employment environment surrounding the current outbreak of the 2019 Novel Coronavirus (COVID-19) in the People’s Republic of China (PRC), salary payment standards are governed by local rules and emergency measures. This LawFlash provides a summary of the different standards as of February 3.
The outbreak of the 2019 Novel Coronavirus (COVID-19) has created a number of questions and compliance challenges for employers in the United States as well as across the globe. This is a fluid and rapidly changing situation.
This Lawflash provides multinational companies with operations in the People’s Republic of China (PRC) with some guidance on how to handle the challenging employment issues during this time.