Coronavirus (COVID-19) Updates

The CARes Act

The CARES Act: A Reference Guide
By: Jim Anelli, Steve Bowers, Adam Chelminiak, John Eagan, Russell P. Lieberman, Jeremy Miller, Josh Mooney, Jason Poore, Geoffrey F. Sasso, Andy Susko and Ryan J. Udell

Start Your Engines: SBA Issues Interim Final Rules Implementing Paycheck Protection Program
April 3, 2020 | By: Ryan J. Udell, Maulin Vidwans, Jennifer Santangelo, Andrew Marrinucci and Adam Chelminiak

CARES Act Employee Retention Credit: A Detailed Analysis
April 3, 2020 | By: John Eagan and L. Stephen Bowers

CARES Act Payroll Tax Deferral: A Detailed Analysis
April 3, 2020 | By: John Eagan and L. Stephen Bowers

The CARES Act Paycheck Protection Program: Special Considerations For Not-For-Profit Organizations
April 2, 2020 | By: Carl Koerner and Ryan J. Udell

COVID-19 Developments in Labor Relations: The CARES Act and the Duty to Bargain During Public Emergencies
April 1, 2020 | By: John K. Baker 

Enhanced Unemployment Benefits Under the CARES Act: Everything Employers and Employees Need to Know
March 31, 2020 | By: R. Victoria Fuller and L. Stephen Bowers

Commercial Litigation

Conduent v. Skyview: Closed Courts Challenge Party’s Need for Urgent Relief
April 6, 2020 | By: Thomas Fiddler

Supply-Chain Disruption - Before the Breach and How Best to Protect
April 3, 2020 | By: Robert G. Devine, Christian Singewald, Rochelle Gumapac and Timothy J. Keough

Attempt to Enjoin Governor Wolf's Shutdown Order Denied by PA Supreme Court
March 23, 2020 | By: Jeffrey Stewart and Ryan J. Udell

Corporate and securities

New Jersey to Begin Accepting Applications for Small Business Emergency Assistance Grant Program
April 2, 2020 | By: Ryan J. Udell, Gwenn B. Barney and Adam J. Chelminiak

Board of Directors Guidance When Addressing Emergency Circumstances Occasioned by the COVID-19 Pandemic
April 2, 2020 | By: Marc Casarino, Lori Smith and Gwenn Barney

EPA To Relax Environmental Legal Enforcement During the COVID-19 Pandemic
March 31, 2020 | By: Ryan Udell, Shane Heskin and Gwenn Barney

M&A Representation and Warranty Insurance Considerations in the Wake of the Coronavirus Pandemic
March 30, 2020 | By: Lori Smith and Patrick Devine

COVID-19 Impact on Hart-Scott-Rodino Process
March 26, 2020 | By: Lori Smith and Gwenn B. Barney

Pennsylvania Announces COVID-19 Working Capital Access Program to Assist Small Businesses
March 26, 2020 | By: Adam Chelminiak and Ryan J. Udell

Philadelphia and New York City Launch COVID-19 Relief Grants and Loan Programs to Assist Small Businesses
March 25, 2020 | By: Adam Chelminiak and Ryan J. Udell

Amid Coronavirus Pandemic and Declining Stock Prices, Public Companies Implement Poison Pills to Deter Corporate Raiders
March 24, 2020 | By: Alexandria Kane and Patrick Devine

COVID-19 Business Closure and Continuity Compliance Resource
March 23, 2020 (Last Updated: March 30)

Pennsylvania Requests Disaster Declaration for SBA Disaster Relief Assistance Loans - 18 Other States Now Eligible To Apply
March 19, 2020 | By: Ryan Udell and Adam Chelminiak

Practicing Good Corporate Hygiene In The Time of Coronavirus (COVID-19)
March 18, 2020 | By: Ryan Udell and Marc Casarino

SBA To Offer Coronavirus (COVID-19) Disaster Relief Assistance Loans
March 13, 2020 | By: Ryan Udell and Adam Chelminiak

HHS Finalizes New Rules Seeking Interoperability for Electronic Health Information 
March 13, 2020 | By: Lori Smith and Jeremy Miller

Does The Coronavirus Pandemic Constitute A Material Adverse Effect?
March 13, 2020 | By: Ryan Udell and Patrick Devine

Drafting and Enforcing Force Majeure Clauses in the Wake of COVID-19: Details Matter 
March 6, 2020 | By: Gwenn Barney

cyber security and data privacy

HHS Relaxes Some HIPAA Disclosures for Public Health
April 6, 2020 | By: Joshua A. Mooney, L. Stephen Bowers and Richard M. Borden

Another State Follows New York, Demanding Insurers to Explain Their Business Interruption Coverage in the Wake of COVID-19
March 27, 2020 | By: Josh Mooney

India’s New Restrictions Will Impact Responses to NYDFS’ Demand for COVID-19 Preparedness and Financial Risks Plans 
March 20, 2020 | By: Josh Mooney and Rick Borden

Data Sharing Being Emphasized in the Battle Against COVID-19 
March 20, 2020 | By: Josh Mooney and Rick Borden

Federal Consumer Data Security Bill in a Nutshell 
March 20, 2020 | By: Linda Perkins

Will CCPA Enforcement be Delayed? 
March 20, 2020 | By: Josh Mooney, Rick Borden and Gwenn Barney

Ready or Not: NY SHIELD Act’s Data Security Requirements Go Into Effect March 21, 2020 
March 17, 2020 | By: Josh Mooney and Rick Borden

NYDFS Demands Regulated Entities Submit Preparedness and Financial Risks Management Plans Relating to COVID-19
March 17, 2020 | By: Josh Mooney and Rick Borden

NYDFS Mandate to Insurers Re COVID-19: Explain Your Business Interruption Coverage Now
March 16, 2020 | By: Josh Mooney

Finance

Loan Modifications Due to COVID-19 Pandemic: FDIC Answers CARES Act FAQs
March 30, 2020 | By: Nancy Sabol Frantz, Marissa Levy, Timothy Davis and Kristen E. Andreoli

Importance of Reviewing Existing Financing Agreements During COVID-19 Crisis
March 23, 2020 | By: Jennifer Santangelo, Maulin Vidwans and Andrew Marrinucci

financial Lines

False Claims Act Enforcement in the Time of COVID-19: Exposure Concerns for D&O Insurers?
April 6, 2020 | By: Erica Kerstein and Andrew G. Lipton

Underwriting D&O Risks for Coronavirus (COVID-19)-Related Exposures
March 22, 2020 | By: John McCarrick

financial restructuring and bankruptcy

New Subchapter V May be the Bankruptcy Lifeline Small Businesses Need to Survive COVID-19
March 23, 2020 | By: Amy Vulpio

HEALTHCARE

HHS Office of Civil Rights Reinforces Preclusion of Discriminatory Treatment Denials
March 31, 2020 | By: Debra A. Weinrich, Dana P. Petrillo and Jason Poore

CMS Suspends Standard Facility Surveys to Prioritize Immediate Jeopardy and Targeted Infection Surveys
March 25, 2020 | By: Kevin C. Cottone and Jason Poore

Fighting COVID-19 Across State Lines: Relaxing Provider Licensure and Renewal Requirements
March 25, 2020 | By: Geoffrey F. Sasso, Debra A. Weinrich and Alison Russell

COVID-19 Pandemic Relief for Healthcare Providers Participating in Quality Reporting Programs
March 25, 2020 | By: Debra A. Weinrich and Dana Petrillo

To Combat COVID-19, Delaware Opens Its Doors to Out-of-State and Retired Healthcare Providers (and Limits Their Liability, Too)
March 24, 2020 | By: John D. Balaguer and Lindsey E. Imbrogno

Telehealth in Light of COVID-19: Overcoming Regulatory Roadblocks to Allow Widespread Adoption
March 18, 2020 | By: Lori Smith, Rick Borden and Stephen Bowers

Coronavirus - Preparedness For Senior Living Communities and Nursing Homes
March 17, 2020 | By: Kevin C. Cottone, Rafael Vergara and Robert Wright

insurance coverage and bad faith

Pennsylvania Joins the Fray: Legislature Introduces Bill to Force Insurers to Pay for COVID-19-Related Business Interruption Losses
April 6, 2020 | By: Edward M. Koch  and Felix Yelin

New York Joins Growing Collection of States Considering Laws to Force Insurers to Pay COVID-19 Business Interruption Losses
March 28, 2020 | By: Anthony S. Miscioscia and Felix S. Yelin

New DJ Takes Different Tack on Business Interruption Coverage for COVID-19
March 27, 2020 | By: Randy J. Maniloff and Margo E. Meta

PA State Representative Requests a Resolution Urging Congress to Reimburse Insurers for COVID-19 Business Interruption Claim Payments
March 25, 2020 | By: Anthony L. Miscioscia and Margo E. Meta

Massachusetts Joins the Fray, Introduces Bill Forcing Insurers to Pay for COVID-19-Related Business Interruption Losses
March 25, 2020 | By: Eric Hermanson, Anthony Miscioscia and Timothy Carroll

Ohio Follows NJ: Legislature Introduces Bill to Force Insurers to Pay for COVID-19-Related Business Interruption Losses
March 25, 2020 | By: Anthony Miscioscia and Timothy Carroll

"Direct Physical Loss or Damage": The Gatekeeper to Property Insurance Coverage and COVID-19
March 24, 2020 | By: Edward Koch and Elizabeth Dolce

Why the Disconnect Between Perception and Reality for COVID-19 Business Interruption Coverage
March 23, 2020 | By: Randy Maniloff and Konrad Krebs

New Jersey’s Proposed COVID-2019 Business Interruption Insurance Legislation Fails to Socially Distance Itself From Constitutional Prohibitions
March 19, 2020 | By: Edward Koch and Felix Yelin

COVID-19: The Real Operation of New Jersey's Proposed Insurance Legislation
March 19, 2020 | By: Edward Koch and Randy Maniloff

First Coronavirus Coverage Suit Filed For Business Interruption
March 17, 2020 | By: Edward Koch, Randy Maniloff and Marc Penchansky

ISO Excluded Coronavirus Coverage 15 Years Ago 
March 15, 2020 | By: Edward Koch, Randy Maniloff and Margo Meta

New Jersey Legislature Considering Bill To Force Insurers To Pay COVID-19 Business Interruption Claims Expressly Excluded By ISO’s “Virus” Exclusion 
March 15, 2020 | By: Anthony Miscioscia and Randy Maniloff

CGL Coverage and Coronavirus: Is Causing Exposure an “Occurrence”? 
March 10, 2020 | By: Randy Maniloff and Margo Meta

intellectual property

USPTO Issues Notice Waiving Certain Patent and Trademark Deadlines Due to COVID-19
April 3, 2020 | By: Frank Bruno, Randy Friedberg and Ilaria Maggioni

labor and employment

Understanding New Paid Leave Rules In The Coronavirus Response Act
March 31, 2020 | By: Debbie Sandler

DOL Issues First Guidance on Families First Act
March 25, 2020 | By: Debbie Sandler

An Emergent Webinar: Navigating COVID-19's Impact - What Every Employer Must Know (Recording)
March 24, 2020 | Webinar

FAQ: What Every Employer Needs to Know About the Families First Coronavirus Response Act
March 20, 2020 | By: Debbie Sandler, Laura Corvo, George C. Morrison and Rob Pettigrew

The Families First Coronavirus Response Act: An Analysis
March 20, 2020 | By: James P. Anelli, Ryan J. Udell, Rob Pettigrew and Gwenn B. Barney

Steps To Take To Prepare Your Workplace During COVID-19
March 18, 2020 | PBI Webinar

Coronavirus Panic Is Going Viral-Steps to Take to Protect Your Workplace
March 9, 2020 | By: Nancy Conrad and Tanya Salgado

Life, Health, Disability and ERISA

Internal Revenue Service Guidance on High Deductible Health Plans Due to COVID-19
March 16, 2020 | By: Steve Bowers and Ryan Udell

litigation

Protecting Your Business From Liability Claims Stemming From COVID-19 Exposure
By: Andrew Hamelsky, Jenifer Scarcella and Joshua Tumen

Not Remotely Law As Usual: Don't Settle for Delays - Settle at Remote Mediation
By: Victor J. Zarrilli, Robert G. Devine and Michael W. Horner

Pennsylvania Courts Closed Through April 30, 2020: Litigating in the Current Statewide Emergency
April 2, 2020 | By: David R. Zaslow and Mark Paladino

Not Remotely Law as Usual: Remote Depositions – The Same But Different
March 31, 2020 | By: Victor J. Zarrilli, Robert G. Devine and Michael W. Horner

The Remote Deposition – The Same But Different
March 31, 2020 | By: Victor J. Zarrilli

Is a Violation of a COVID-19 Order the Basis For Civil Liability?
March 26, 2020 | By: Robert Devine, James Burger and Douglas Weck

Social Distancing and the Impact on Service of Process Amid the COVID-19 Pandemic
March 26, 2020 | By: Robert Devine, James Burger and Susan Zingone

Real estate

Commercial Lease Workouts During the COVID-19 Pandemic
April 6, 2020 | By: Steven Ostrow, C. Jason Kim and Patrick Haggerty

Loan Modifications Due to COVID-19 Pandemic: FDIC Answers CARES Act FAQs
March 30, 2020 | By: Nancy Sabol Frantz, Marissa Levy, Timothy Davis and Kristen E. Andreoli

Delaware Covid-19 Emergency Order Restricts Normal Operations of Insurers, Lenders, Landlords and Utilities
March 27, 2020 | By: Marc Casarino

Distressed Debt and Workout Agreements During the COVID-19 Pandemic
March 27, 2020 | By: Nancy Sabol Frantz, Steven Ostrow and Andrew Marrinucci

Selling and Purchasing Performing and Non-Performing Loans: Threshold Issues to Consider
March 26, 2020 | By: Timothy Davis, William Johnston and Rachel Schneidman

COVID-19: Loan Enforcement and Foreclosure-Related Actions
March 25, 2020 | By: C. Jason Kim, Kristen Andreoli and Timothy Davis

Checklist for Lenders in Turbulent Times: Reviewing Your Portfolio
March 24, 2020 | By: Timothy Davis and William Johnston

Coronavirus: Key Issues for Commercial Leases
March 23, 2020 | By: C. Jason Kim and Rachel Schneidman

Reinsurance

No (Social) Distance for Reinsurers? If Lawmakers Force Insurers to Pay COVID-19 Claims, Will Reinsurers Follow?
March 20, 2020 | By: Daryn E. Rush, Justin K. Fortescue and Ciaran B. Way

subrogation

COVID-19 and Subrogation: The Coronavirus’ Impact on Property Losses and Subrogation Claims
April 3, 2020 | By: Michael L. DeBona

tax and estates

IRS Releases Gift Tax and Generation-Skipping Transfer Tax Filing and Payment Relief
March 30, 2020 | By: John Eagan, Warren Kauffman and Bridget La Rosa

IRS Releases FAQs to Income Tax Filing and Payment Relief
March 26, 2020 | By: John Eagan

IRS Extends Certain Contribution Deadlines
March 25, 2020 | By: L. Stephen Bowers

IRS Announces Income Tax Filing and Payment Relief due to Coronavirus Pandemic
March 23, 2020 | By: John Eagan

WORKERS' COMPENSATION

PA Work Injuries While Working Remotely
March 20,2020 | By: Sandy Niemotka and Karlynne Parzych

Coronavirus (COVID-19) in the Course and Scope of PA Employment
March 19, 2020 | By: Sandy Niemotka