Coronavirus (COVID-19)

May 19, 2020August 31, 2020 by Duane Morris

Small Business Administration Releases Interim Final Rule on Counting Foreign Affiliate Employees under the Paycheck Protection Program

Paycheck Protection Program loan borrowers for application of the 500-employee limit provided under the Coronavirus Aid, Relief and Economic Security Act. The interim final rule provides a safe harbor for applications submitted prior to May 5, 2020, that did not include non-U.S. resident employees in the headcount determination, notwithstanding the prior guidance that was issued requiring that they be included.

To read the full text of this Duane Morris Alert, which discusses the interim final rule and its impact on businesses with foreign affiliates, please visit the firm website.

May 19, 2020August 31, 2020 by Duane Morris

UK Government’s Temporary Suspension of Wrongful Trading Liability During COVID-19 Crisis

On 14 May 2020, the UK Government extended the temporary suspension of wrongful trading liability until 30 June 2020.

On 28 March this year, the Government announced that it would “at the earliest opportunity“ introduce legislation, retrospective to 1 March 2020, to relax the insolvency rules which can make directors of limited liability companies potentially liable if they continue to trade and incur liabilities when they knew or ought to have concluded that there was no reasonable prospect of avoiding an insolvent liquidation or administration.

To read the full text of this post by Duane Morris partner Linda Crow, please visit the Duane Morris London Blog.

May 19, 2020August 31, 2020 by Duane Morris

New Guidance Documents on Green Loan Principles and Sustainability Linked Loan Principles for a Post-COVID-19 World

One positive effect of the COVID-19 pandemic is the demonstrable improvement of carbon levels and other environmental measures. So, as national governments consider measures to reopen their economies, lenders and borrowers may want to consider how best to finance the economies’ reemergence. Many hope to see an expansion in areas that stimulate growth in a more environmentally friendly manner. In this context, loan market groups including the APLMA, LMA and LSTA have recently published guidance to market participants on how to apply the Green Loan Principles and Sustainability Linked Loan Principles in practice.

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

May 19, 2020September 2, 2020 by Duane Morris

Avoiding Improper Use Of CARES Act Airport Grants

Like much of the transportation industry during the COVID-19 pandemic, America’s airports are experiencing significant losses in revenue. Airports Council International predicts that the U.S. airport industry will lose $23 billion as a result of COVID-19.

Title XII of Division B of the Coronavirus Aid, Relief, and Economic Security, or CARES, Act addresses these significant economic disruptions by providing approximately $10 billion to U.S. airports “to prevent, prepare for, and respond to the impacts of the COVID-19 public health emergency.” The funding is somewhat discretionary, with a requirement that it be used for any purpose for which airport revenues may lawfully be used, so long as the use of funds is related to the airport.

To read the full text of this article by Duane Morris attorneys Alan Kessler, Jamie Brown and Rachel Kubasek, which was originally published by Law360, please visit the firm website.

May 19, 2020September 1, 2020 by Duane Morris

“Reopen Massachusetts” Permits Construction, Manufacturing and Places of Worship to Reopen

On May 18th, the Governor of Massachusetts released Reopening Massachusetts, which provides for a 4-phased strategy to reopen businesses and activities in Massachusetts. The Administration also released a new “Safer At Home” Advisory, which instructs residents to stay at home unless engaging in these newly opened activities. Starting May 18, 2020, Massachusetts will begin Phase 1 of reopening, and workplaces that are permitted to open are required to follow new safety protocols and guidance.

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

May 19, 2020September 1, 2020 by Duane Morris

New Jersey Continues Reopening Program Permitting Additional Outdoor Activities and Businesses to Open

Governor Murphy signed Executive Order No. 147, allowing certain outdoor activities at recreational businesses, including archery ranges, batting cages, golf driving ranges, horseback riding, shooting ranges, and tennis clubs as well as community gardens to open with required social distancing measures in place. The EO takes effect on Friday, May 22 at 6:00 a.m.

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

May 18, 2020September 3, 2020 by Duane Morris

Insurance Industry Prevails in Decision on COVID Losses for Business Interruption Before the Pennsylvania Supreme Court

In the bellwether case of Joseph Tambellini, Inc. v. Erie Insurance Exchange, the Pennsylvania Supreme Court was petitioned under its King’s Bench powers to assume plenary jurisdiction of an insurance coverage dispute that had been filed in the Court of Common Pleas, Allegheny County, Pennsylvania. The high court was asked to decide critical legal issues that would have impacted thousands of other insurance claims that might arise in the future from the COVID-19 pandemic. Duane Morris was retained by insurer trade associations, including APCIA, NAMIC, PAMIC, and the Insurance Federation of Pennsylvania (the “Insurance Industry Amici”), to oppose this extraordinary petition.

To read the full text of this post by Duane Morris partner Damon Vocke, please visit the Duane Morris Insurance Law Blog.

May 18, 2020August 13, 2020 by Duane Morris

Prosecution of Reality Television Personality Among First for PPP Fraud

It did not take long. On April 3, 2020, the Small Business Administration began accepting applications for companies to participate in the Paycheck Protection Program (“PPP”). By early May, the first criminal charges began to roll in. The most attention-getting of these was filed against Maurice Fayne, better known as “Arkansas Mo” from the VH1 reality television show “Love & Hip Hop: Atlanta.”

To read the full post by Duane Morris attorney Brett Feldman, please visit the Duane Morris White-Collar Criminal Law Blog.

May 18, 2020September 1, 2020 by Duane Morris

Considerations for Posting PERM Notice for Remote Workers After COVID-19

Rapid changes in remote work requirements and availability are playing havoc with the PERM process for employers (the process under which employers must conduct a test of the U.S. labor market as part of the green card process for their foreign national employees). Due to rising unemployment and availability of U.S. workers, increased audits and scrutiny by the DOL are expected in the short and long term, making it imperative that employers have all of their I’s dotted and T’s crossed when completing the PERM steps.

To read the full text of this post by Duane Morris attorney Susanne Heubel, please visit the Duane Morris Immigration Law Blog.

May 18, 2020August 31, 2020 by Duane Morris

HEROES Act Proposes New Changes to the Tax Code

On May 15, 2020, nearly a month and a half since the passage of the Coronavirus Aid, Relief and Economic Security Act (CARES Act), the House of Representatives passed the $3 trillion Health and Economic Recovery Omnibus Emergency Solutions Act (HEROES Act) in an effort to blunt COVID-19’s increasingly severe economic impact. The HEROES Act aims to continue the CARES Act initiative by helping businesses and individuals. It also adds relief to state and local governments. While the Senate has not yet voted on the bill, this is the first step toward securing an additional round of stimulus for an economy that is desperate for relief.

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