Coronavirus (COVID-19)

May 4, 2020August 31, 2020 by Duane Morris

CARES Act 2.0 Update on Hot Topics – Need Certifications, Forgiveness, Audits, Tax Deductions, Seasonal Business Loan Applications and Nonprofit Hospital Loan Eligibility

The Paycheck Protection Program and Health Care Enhancement Act (CARES Act 2.0) was signed into law on April 24, 2020, providing additional funding for the Small Business Administration’s Paycheck Protection Program (PPP) and Economic Injury Disaster Loans program. Subsequent guidance issued since the passage of CARES Act 2.0, as well as heightened public scrutiny of the PPP loan program, has resulted in further restrictions regarding the types of businesses that are eligible for PPP loans and further scrutiny regarding need for the loans. This has prompted reconsideration on the part of applicants regarding whether to return PPP loan proceeds. In addition, guidance continues to be issued to clarify need certifications, forgiveness and other PPP-related matters.

To read the full text of this Duane Morris Alert, which provides an update on the newest guidance, please visit the firm website.

May 4, 2020August 31, 2020 by Duane Morris

Florida Initiates Phase 1 of Reopening, with South Florida Counties Following a Different Track

As of 12:01 a.m. on May 4, the executive orders implementing Florida’s “safer at home” protocols have expired, and Executive Order 20-112, initiating the first phase of Florida’s reopening, is in effect.

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

May 4, 2020September 4, 2020 by Duane Morris

FAR 52.250-1 Indemnity for VA Contracts Responsive to COVID-19

On April 10, President Trump invoked his authority under 50 U.S.C. 1431 et seq. to authorize the VA to indemnify contractors “with regard to transactions directly responsive to the COVID-19 national emergency.” This statutory authority may provide FAR 52.250-1 contractual indemnity protection for VA contractors against insurance coverage gaps related to COVID-19.

To read the full text of this post by Duane Morris attorneys Matthew Freeman and Michael Schrier, please visit the Duane Morris Government Contracts and Litigation Blog.

May 1, 2020 by Duane Morris

Possible Liability Protections for Businesses Set to Reopen During the COVID-19 Pandemic

With the Senate set to return from recess on Monday, liability protections related to the COVID-19 pandemic are anticipated to be a hot button issue. While state and local governments are seeking financial aid from the federal government to assist in their battle against the COVID-19 pandemic, relief packages may also include protection from future legal actions against businesses.

To read the full text of this post by Duane Morris attorney Sharon O’Reilly, please visit the Duane Morris Products Liability Blog.

May 1, 2020September 1, 2020 by Duane Morris

$324 Million Dollars Awarded to 31 Pennsylvania Hospitals Under the HELP Program

Pennsylvania Governor Tom Wolf announced that nearly $324 million in funding has been awarded to 31 hospitals across the Commonwealth through the “Hospital Emergency Loan Program,” or HELP, which provides short-term financial relief as hospitals combat the surge of COVID-19 cases in their area.

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 1, 2020 by Duane Morris

How to Respond to Employee Refusal To Return To Work in Face of COVID-19 in UK

The effects of the Coronavirus pandemic on the workplace continue. It is undeniable that the potential litigation arising out of COVID-19 will be far-reaching and there will be several areas that employers need to consider now and when the return to work phase commences in earnest.

In a matter of months the Coronavirus pandemic has not only changed the way millions of employees work but also the way they may now view the workplace, particularly how safe they feel within their workplace.

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

May 1, 2020 by Duane Morris

Directors and Officers Who Fail at Company Oversight Can Be Held Personally Liable

Across the United States, the Coronavirus has caused widespread devastation, marking its arrival with debilitating symptoms and tens of thousands of deaths. The virus also is responsible for significant economic destruction, rendering 30 million Americans jobless requiring $660 billion in payroll loans, and necessitating a $2.2 trillion in stimulus package. History likely will reveal that poorly run companies are repeat victims of the financial hardships precipitated by COVID-19. Even without a pandemic, a company likely will fail (or suffer significant harm) if its directors and officers do not adequately oversee the company’s management. But, there is another reason to avoid oversight failures. As the Delaware Court of Chancery’s April 27, 2020 decision in Hughes et al. v. Xiaming Hu et al. reinforces, directors and officers who neglect their oversight responsibilities may be personally liable for resulting harm to the company and its stockholders.

To read the full text of this post by Duane Morris partner Oderah C. Nwaeze, please visit the Duane Morris Delaware Business Law Blog.

May 1, 2020May 4, 2020 by Duane Morris

Relief Measures for Businesses in Myanmar During the COVID-19 Pandemic

Myanmar’s economy and businesses have seen a significant slowdown caused by the COVID-19 pandemic. To curb with this slowdown, the Myanmar government has come out with various measures that are intended to provide relief to the affected businesses.

To read the full text, please visit the Duane Morris and Selvam COVID-19 Resource Blog.

April 30, 2020September 1, 2020 by Duane Morris

Summary of Updates to UK Government Guidance and COVID-19 Job Retention Scheme

There have been further updates to the Government Guidance on The Coronavirus Job Retention Scheme – both How to Claim (short form and long form) and the Guidance. None of these have substantively changed but there are points to note in each.

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

April 30, 2020 by Duane Morris

Force Majeure Events and E-signatures: COVID-19 Guidance for Businesses in Vietnam

The COVID-19 pandemic has given rise to many questions regarding force majeure and e-signatures. In particular, parties to commercial contracts are keen to know (i) whether they can be released from liabilities by relying on a force majeure clause and (ii) whether they can execute contracts by electronic signatures instead of the traditional “wet ink” signatures, which have become almost impossible in the context of the COVID-19 pandemic.

To read the full text of this post by Duane Morris Vietnam partner Giles Cooper, please visit the Duane Morris Vietnam Blog.