New Jersey extends GROW NJ, ERG and HUB Filing Deadlines Due to COVID-19

The New Jersey Economic Development Authority (NJEDA) has extended the annual reporting deadlines for businesses that received tax credits through the Grow New Jersey, Economic Redevelopment & Growth (ERG) and Urban Transit Hub (HUB) programs because of the impact of COVID-19, the EDA announced on April 13, 2020.

To read the full text of this post by Duane Morris partner Brad Molotsky, please visit the Duane Morris Project Development/Infrastructure/P3 Blog.

HHS Announces Initial $30 Billion Distribution from CARES Act Provider Relief Fund

Immediate funds are now available for providers to receive a cash influx at a critical time. The challenge will not be receiving the funds, but rather keeping the funds after a future audit of compliance with the terms and conditions.

On April 10, 2020, the United States Department of Health and Human Services (HHS) announced the immediate distribution of an initial $30 billion in relief funding to providers in support of the nationwide COVID-19 response. The distribution is part of the $100 billion provider relief fund included in the Coronavirus Aid, Relief and Economic Security (CARES) Act recently passed by Congress. Importantly, HHS has noted that these are payments, not loans, to healthcare providers, and will not need to be repaid unless the provider does not comply with the terms and conditions.

To read the full text of this Duane Morris Alert, please visit the firm website.

CARES Act Expands Immunity Protections for Covered Countermeasures and Healthcare Volunteers

As discussed in our March 18 Alert, the Secretary of Health and Human Services has issued a declaration authorizing drugs, devices and biologics used to treat or mitigate COVID-19 as covered countermeasures under the Public Readiness and Emergency Preparedness (PREP) Act. Following Secretary Azar’s declaration of a public health emergency, covered persons may obtain immunity under federal law for all claims arising from manufacturing, distributing or administering covered countermeasures, subject to the conditions laid out at 42 U.S.C. § 247d-6d, the declaration and other applicable regulations.

Subsequent to our previous Alert, President Trump signed into law the Coronavirus Aid, Relief and Economic Security Act (CARES Act), which expanded the covered countermeasure protections offered by the PREP Act.

To read the full text of this Duane Morris Alert, please visit the firm website.

FDC Changes OTC Drug Review Process in Response to CARES Act

Most of the hundreds of pages comprising the CARES Act, signed into law on March 27, 2020, concern measures for directly counteracting COVID-19 and assisting those dealing with economic consequences of the pandemic. Yet tucked away in Subtitle F of the legislation are a number of provisions—now law—which streamline FDA’s over-the-counter (OTC) drug review process. These changes are likely to lower the regulatory burden of getting a product through the OTC drug review process and provide incentives of market exclusivity for companies who do.

To read the full text of this Duane Morris Alert, please visit the firm website.

Webinar: How COVID-19 Is Affecting Life Sciences and Medical Technologies

Duane Morris will be hosting the webinar, “How COVID-19 Is Affecting Life Sciences and Medical Technologies,” on April 16, 2020, from 1:00 p.m. to 2:00 p.m. (Eastern).

Join Duane Morris attorneys for a discussion on how the life sciences and medical technologies industry is responding and adapting to the COVID-19 pandemic, including:

  • FDA’s Emergency Use Authorizations (EUAs) for devices and diagnostics testing policies
  • Public Readiness and Emergency Preparedness Act (PREP Act) immunity from liability
  • Implications on intellectual property, such as patent strategy, in biotechnology and pharmaceuticals
  • License and collaboration agreements in the wake of COVID-19

For more information and to register, please visit the firm website.

Singapore: Legislative Framework for Security and Use of Electronic Signatures

For most of us working from home and actively telecommuting to help stem the tide of local transmissions of COVID-19 during this crucial period of time, technological advancements in the medium of digital communication and remote access have been a boon.

It is thus timely to restate the guiding principles of “electronic signatures” and its use in electronic records and transactions that have become increasingly commonplace.

To read the full text of this article, please visit the Duane Morris & Selvam COVID-19 Resource Blog.

Update: Dealing with COVID-19 in the Construction Industry in Singapore

This update is provided to our article issued on 5 April 2020.

On Friday 3 April 2020, to reduce the risk of further local transmission of COVID-19, the Building and Construction Authority (BCA) released an advisory to inform contractors that all building works (except for essential works) are to cease from 7 April 2020 to 4 May 2020 (“Stop Work Period”).

To read the full text of this article, please visit the Duane Morris & Selvam COVID-19 Resource Blog.

Fed Provides Guidance on Main Street Lending Program

The Federal Reserve on April 9, 2020,  released anxiously awaited guidance regarding the Main Street Lending Program that was authorized under the Coronavirus Economic Stabilization Act (Title IV of the CARES Act). Two releases were provided: the Main Street Expanded Loan Facility, dealing with additional loan tranches under existing credit facilities; and the Main Street New Loan Facility, dealing with origination of new lending facilities. Each facility under the lending program, authorized under section 13(3) of the Federal Reserve Act, is intended to promote lending to small and medium-sized businesses, but has slightly different eligibility requirements. Though the Main Street Lending Program is backstopped by the Federal Reserve, the loans thereunder will be made directly by U.S. banks and savings and loan companies.

To read the full text of this Duane Morris Alert, please visit the firm website.

FEMA Approval Required for Export of Certain Personal Protective Equipment

As of April 10, 2020, Federal Emergency Management Agency (FEMA) approval will generally be required for the export of certain kinds of personal protective equipment (PPE) from the United States, pursuant to a FEMA temporary final rule.

To read the full text of this Duane Morris Alert, which discusses the parameters and procedures established by the temporary final rule and their implications for U.S. and foreign entities, please visit the firm website.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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