Interim Regulatory Guidelines Preclude Gaming Businesses from Receiving Support Under the CARES Act Paycheck Protection Program

Much of the U.S. casino industry is currently ineligible to benefit from the Paycheck Protection Program portion of the newly enacted Coronavirus Aid, Relief and Economic Security Act (CARES Act). The American Gaming Association issued a statement regarding the interim guidelines and is taking action to have these guidelines amended.

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

Loans for Businesses Not Otherwise Receiving Relief Under the CARES Act

Businesses have principally focused on relief available under the Paycheck Protection Program and Economic Injury Disaster Loan provisions of the CARES Act. To the extent businesses qualify, these programs provide the most immediate and beneficial relief available under the Act. Further, the federal government has initially paid the most attention to these programs and how to bring them quickly online. For businesses that do not qualify for these programs, alternative relief may be available under other provisions of the Act.

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

Major Retailers Furlough Employees

Some of America’s most prominent publicly traded retailers announced that they would furlough bricks-and-mortar employees as the economy has frozen due to stay-at-home orders to stop the spread of the coronavirus.

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According to the United States Department of Labor report on weekly claims that was issued April 2, the advance figure for seasonally adjusted initial claims during the week ending March 28 was 6,648,000, which is an increase of 3,341,000 from the previous week’s level. In California, the state’s Employment Development Department reported 878,727 unemployment-insurance claims for the week ending March 28. Claims for the week ending March 21 were reported at 186,333. According to Dominica Anderson, partner and team lead for Fashion, Retail and Consumer Branded Products at law firm Duane Morris LLP, much uncertainty remains regarding the future of brands in the apparel industry.

“When you look at the financial impact, I’ve read that reports show some companies are self-reporting that they may take up to a 15 percent hit, others are speculating they will have an 85 percent reduction in profit. Those are pretty big swings,” she said. “In the near future, we’re going to see a larger number of the unemployment applicants from the fashion industry.”

To read the full article, visit the California Apparel News website.

Department of Labor Issues Regulations to Help Implement the Families First Coronavirus Response Act

On April 1, 2020, the U.S. Department of Labor (DOL) issued regulations in the form of a temporary rule to clarify and implement the Families First Coronavirus Response Act (FFCRA). Our previous Alert summarized the initial legislation, which was passed on March 18, 2020.

The regulations will remain in effect through the FFCRA’s expiration on December 31, 2020, and will assist employers in complying with the FFCRA’s Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLEA).

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

Cannabis Industry and State Regulators Forced by COVID-19 to Evaluate and Improve Methods of Cannabis Delivery and Access

Cannabis operators, like all other businesses, are searching for new ways to reach their customers during the COVID-19 pandemic. Cannabis businesses have been generally treated as “essential” under the various state orders that have otherwise closed businesses and ordered people to stay at home. Even though they have been permitted to operate, it is not business-as-usual for these operators as they grapple with CDC workplace restrictions and guidelines for reducing the spread of COVID-19.

As a result of these restrictions, state regulators and cannabis business have begun implementing new policies and procedures such as curbside pick-up, expanded delivery zones and increased use of contactless payment methods. While these changes are viewed as temporary, if properly implemented, cannabis businesses may be able to show regulators that these expanded policies should continue after the crisis has passed. This difficult time presents an opportunity for cannabis retailers to expand their reach and help bolster support for more online ordering, home delivery and other delivery methods.

To read the full text of this post by Duane Morris attorneys Justin A. SantarosaArletta BussiereJoe Pangaro and Justin Stern, which contains a summary of how several states have handled the COVID-19 pandemic in relation to the operations of cannabis businesses during the stay-at-home orders, please visit the Duane Morris Cannabis Industry Blog.

Construction and Engineering in the UK in Challenging Times

The COVID -19 pandemic has already had a massive effect on global economies. Its impact has been unprecedented and there is a degree of uncertainty on almost every facet of daily life.

To read the full text of this post, which seeks to touch upon issues that may affect those in the UK construction industry specifically (though certain elements will no doubt equally apply across other sectors), please visit the Duane Morris Construction Law Blog.

FDA-Approved Anti-Malaria Drugs for COVID-19 Treatment Fall Within Liability Shield of the PREP Act

The Food and Drug Administration (“FDA”) gave emergency approval this week to two (2) anti-malaria drugs, hydroxychloroquine and chloroquine, to be used for treatment of COVID-19 patients.  Despite the limited studies as to the benefits of these drugs and the well-known risks of these drugs, the FDA took the position that, under the current circumstances, the potential benefits and effectiveness outweigh the risks.  While the FDA is conducting a trial as to the effectiveness of these drugs, millions of doses have already been shipped to hospitals nationwide for administration in an attempt to slow the spread of COVID-19.

To read the full text of this post by Duane Morris attorney Brittany Wakim, please visit the Duane Morris Products Liability Blog.

Fair Credit Reporting Act Amended by CARES Act for Accommodations Extended to Consumers During COVID-19

Right now, many creditors may be considering making accommodations to consumers affected by COVID-19 by offering different ways to help ease the burden of existing debt obligations. In doing so, creditors should take care to follow the special credit reporting rules for such accommodations set forth in the recently passed Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”).

To read the full text of this post by Duane Morris attorney Lynne Evans, please visit the Duane Morris Banking and Finance Law Blog.

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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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