District of Columbia Mayor Muriel Bowser issued an order to take effect at 10:00 p.m. on March 25, 2020, that will close all nonessential business facilities in the District, prohibit all persons suspected or confirmed to be infected with COVID-19 from conducting “Essential Business,” and prohibit gatherings of 10 or more persons.
To read the full text of this Duane Morris Alert, please visit the firm website.
For many retailers, the coronavirus pandemic that has shuttered their stores and led them to lay off their staffs may not yet have a clear end in sight. But uncertain decisions lie ahead on when to reopen safely, attorneys said.
To read comments by Duane Morris partner Michelle Pardo, please visit the firm website.
On March 24, 2020, recognizing the need to provide guidance for businesses collaborating to protect the health and safety of Americans during the COVID-19 pandemic, the Federal Trade Commission (FTC) and the U.S. Department of Justice Antitrust Division (DOJ) issued a joint statement detailing an expedited antitrust review procedure and providing guidance for such business collaborations.
To read the full text of this Duane Morris Alert, please visit the firm website.
This past week, federal and state correctional facilities across the country have confirmed outbreaks of COVID-19 infections among inmates and staff. New York City’s primary jail, Riker’s Island, currently has the most confirmed cases, with 52 inmates and 30 employees testing positive. As this blog and other outlets have reported, crowded conditions, limited access to healthcare, and a high-risk population mean those incarcerated are particularly vulnerable to the disease.
To read the full text of this post by Duane Morris attorney Jovalin Dedaj, please visit the Duane Morris White-Collar Criminal Law Blog.
In order to facilitate social distancing measures during the COVID-19 pandemic, state and federal regulatory agencies are moving quickly to permit providers to continue to provide medical care through telemedicine. On March 16, 2020, Alex Azar, the Secretary of Health and Human Services, has declared a public health emergency and, therefore, activated the telemedicine allowance under 21 U.S.C. § 802(54)(D). Per the Secretary, this applies to all schedule II-V controlled substances in all areas of the United States for as long as the public health emergency declaration is in place so long as certain conditions are met.
To read the full text of this post by Duane Morris attorney Ryan Wesley Brown, please visit the Duane Morris Health Law Blog.
On March 22, 2020, Delaware Governor John Carney issued his Fourth and Fifth Modifications of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat, pursuant to which he has ordered the closure of nonessential business and commercial establishments in Delaware (Nonessential Business Closure Order). The order takes effect on Tuesday, March 24, 2020, at 8:00 a.m. and remains in effect “until after May 15, 2020, or the public health threat of COVID-19 has been eliminated… .” Violations of the Nonessential Business Closure Order constitute a criminal offense.
To read the full text of this post by Duane Morris partner Richard Renck, please visit the Duane Morris Delaware Business Blog. To read the Duane Morris Alert on this topic, please visit the firm website.
As of March 24, 2020, Texas Governor Greg Abbott had not ordered a statewide shelter-in-place order. However, numerous Texas cities (or their related county governments) such as Dallas, Fort Worth, Waco, Houston, Galveston, San Antonio, Austin and El Paso and close-in suburbs have issued “Stay Home – Work Safe” or “Stay Home – Stay Safe” orders. The orders command citizens of those particular jurisdictions to stay in their residences and state that they may leave only for essential activities, or to provide or perform essential governmental functions, or to operate essential businesses. Each of the orders is continued to various dates in April or until further notice.
Essential businesses typical include (but are not limited to) essential healthcare operations, essential governmental functions, essential critical infrastructure, essential retail such as grocery stores and pharmacies, food cultivation, financial institutions, mail and delivery services, hardware and supply stores, funeral services, providers of basic necessities to economically disadvantaged populations, news media, and child care, among others. Critical infrastructure may include construction, depending on the purpose.
On March 25, 2020, President Trump declared that a major disaster exists in Texas and ordered federal assistance to supplement state and local recovery efforts for COVID-19.
[…] With so many out of work and many more likely joining them in the coming weeks, Americans are looking to Washington D.C. to provide a lifeline. One bill, the Families First Coronavirus Response Act (FFCRA), has already been signed into law by President Trump. This provides $1 billion in additional funds for states to direct toward bolstering their unemployment insurance programs.
Lawmakers on Capitol Hill have been working to pass additional relief legislation—but when it comes to the federal government and the cannabis industry, the relationship is not usually cozy. Will those relief funds find their way to cannabis workers who are out of work due to the coronavirus pandemic?
“Given that marijuana remains an unlawful substance under Schedule I of the Controlled Substances Act, there has been concern that the relief under the FFCRA would not be available to cannabis businesses and, therefore, would not be available to support cannabis workers,” Linda Hollinshead, an attorney and Partner at Duane Morris LLP told mg.
[…]
“The law provides that any administrative grants transferred to the account of a state may be used ‘by such State only for the administration of its unemployment compensation law,’ suggesting that the money is being provided to support a state’s program, and that the federal government will not dictate how it is spent or what industries will be recipients of those grants,” Hollinshead said. “As a result, it does not appear that the additional availability of these federal funds under the FFCRA jeopardizes an individual’s ability to have access to state unemployment benefits.”
[…]
To read the full article, visit the mg Magazine website.
Early in the morning on March 25, 2020, the Trump administration struck a deal with Senate Democrats and Republicans on an historic rescue package that tees up more than $2 trillion in spending and tax breaks to bolster the hobbled U.S. economy and fund a nationwide effort to stem the coronavirus.
To read the full text of this blog post by Duane Morris partner Brad Molotsky, please visit the Duane Morris Project Development/Infrastructure/P3 Blog.
On March 22, 2020, New York’s Chief Administrative Judge of the Courts issued Administrative Order AO/78/20 providing that, until further notice, no filings―paper or electronic―would be accepted by New York courts, except in “essential matters.” This order prohibits any new cases from being filed―and any open cases from going forward―unless they fit the narrow list of “essential matters” annexed to the Administrative Order. This means that, absent a compelling showing of a need for emergency relief such as an injunction, routine business litigations―including breach of contract, employment disputes, corporate disputes, etc.―are on hold indefinitely. The court system has since clarified that, consistent with a prior Administrative Order, discovery can continue in ongoing cases where the parties agree that the discovery will not present any health concerns.
To read the full text of this Duane Morris Alert, please visit the firm website.
