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ON-DEMAND INSIGHTS

The Coronavirus and Force Majeure

The Coronavirus and Force Majeure

April 22, 2020 at 3:33 PM - commercial contracts,

The coronavirus has toppled business as we know it, and many companies are attempting to right themselves by scaling back, including seeking to be excused from contractual obligations pursuant to a “force majeure” provision in their agreements. Force majeure is one of a handful of standard “boilerplate” contract terms that is often skimmed over (at best) or overlooked by the parties, given its relative unimportance as compared to more substantive provisions. However, when faced with unexpected and/or uncontrollable circumstances, a precisely worded force majeure clause can sometimes offer a lifeline that will excuse one party’s performance obligations.

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Does COVID-19 Impact GDPR Protections?

Does COVID-19 Impact GDPR Protections?

April 17, 2020 at 10:48 AM - compliance,

The novel coronavirus has upended business operations on a global scale, and mitigation efforts continue to be implemented to help organizations stay afloat during this unprecedented pandemic. On March 19th, the European Data Protection Board (EDPB), an informal working group comprised of representatives of each of the national data protection authorities in the EU, issued a statement regarding data processing activities during this public health crisis, emphasizing that while data protection rules should not hinder the fight against COVID-19, it is still imperative that certain prescribed steps be taken to ensure the protection of personal data.

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FAQ's issued by the SBA and U.S. Treasury Dept. for Paycheck Protection Program

FAQ's issued by the SBA and U.S. Treasury Dept. for Paycheck Protection Program

April 9, 2020 at 6:09 PM - COVID-19,

As previously shared, the SBA’s Paycheck Protection Program under the CARES Act makes available $349 billion for loans to small businesses to help prevent their collapse during the COVID-19 public health crisis. Since the launch of the Program, the SBA has released a formal application, as well as two interim rulings about the Program (see rulings one and two here). Despite these efforts, many small businesses remain confused about the Program, including the application process itself.

In an effort to provide more clarity, the government has released a set of frequently asked questions (“FAQs”) which address a variety of topics, including the following:  

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Comparing the SBA’s Economic Injury Disaster Loan and Paycheck Protection Programs

Comparing the SBA’s Economic Injury Disaster Loan and Paycheck Protection Programs

April 9, 2020 at 10:34 AM - COVID-19,

Providing financial assistance to small businesses is one of the key roles played by the Small Business Administration (SBA), including the provision of emergency loans during times of crisis under its Economic Injury Disaster Loan (EIDL) program. When the Coronavirus Aid Relief and Economic Security Act (CARES Act or Act) was passed on March 27th, certain components of the EIDL program were enhanced under the Act, and an additional SBA section 7(a) lending program - the Paycheck Protection Program (PPP) – was introduced. Deciding which loan program is right for your business depends primarily on how you plan to use the proceeds of the loan.

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Avoiding Layoffs: An Overview of the Employee Retention Credit and Enhanced Unemployment Benefits Under the CARES Act

Avoiding Layoffs: An Overview of the Employee Retention Credit and Enhanced Unemployment Benefits Under the CARES Act

April 3, 2020 at 3:55 PM - coronavirus,

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law. Its key provisions include an Employee Retention Credit, which allows employers to recoup certain wages paid to employees who are not providing services due to a suspension of operations related to COVID-19, and the creation of a temporary Pandemic Unemployment Assistance Program. Both of these mechanisms provide ways for businesses to avoid layoffs by implementing temporary shutdowns or reductions in hours.

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Application and Guidance Now Available for SBA Paycheck Protection Program

Application and Guidance Now Available for SBA Paycheck Protection Program

April 3, 2020 at 12:18 PM - COVID-19,


Since announcing the Paycheck Protection Program, a component of the Coronavirus Aid, Relief and Economic Security Act or CARES Act, the Small Business Administration (SBA) has released both the loan application and additional guidance for prospective borrowers. The Program makes available $349 billion for loans to small businesses to help prevent their collapse during the COVID-19 public health crisis. 

If you intend to apply for a loan under the Paycheck Protection Program (the “Program”), it is essential that you begin taking steps to do so NOW, including familiarizing yourself with the following key SBA updates:

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The SBA’s New “Paycheck Protection Program” under the CARES Act

The SBA’s New “Paycheck Protection Program” under the CARES Act

April 1, 2020 at 8:10 AM - coronavirus,

A critical component of the government’s newly passed stimulus package, the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act” or “Act”), is the new Small Business Administration (SBA) loan program called the Paycheck Protection Program (the “Program”). Created under Section 7(a) of the Small Business Act, this Program will make available $349 billion for loans to small businesses to help prevent their collapse during the COVID-19 public health crisis.

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Limited Waiver of HIPAA Penalties for Provision of Telemedicine during COVID-19 Crisis

Limited Waiver of HIPAA Penalties for Provision of Telemedicine during COVID-19 Crisis

March 27, 2020 at 11:24 AM - HIPAA compliance,

Over the past few weeks, as the crisis around COVID-19 has escalated, the federal government has taken steps to empower medical providers to continue caring for patients, wherever they might be, in response to social distancing and self-quarantine directives. Specifically, the U.S. Department of Health and Human Services (HHS) and the Office for Civil Rights (OCR), the agencies tasked with administration and enforcement of HIPAA regulations, have issued several bulletins which provide guidance to Covered Entities and Business Associates around maintaining patient privacy when using telemedicine practices to treat patients during the COVID-19 public health crisis.

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