Coronavirus (COVID-19)

March 25, 2020 by Duane Morris

Expect Delays in Merger Reviews by FTC and DOJ During COVID-19 Restrictions

Under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act), transactions subject to reporting and waiting period requirements (generally, those valued in excess of $94 million) are reviewed by the United States Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ). The two agencies have 30 days from receipt of an HSR filing to review the materials, investigate and decide whether to issue a second request for documents and information, which imposes an additional waiting period during which the parties to the transaction may not close. In light of both agencies’ response to COVID-19, parties to transactions requiring agency review should expect extensions of the waiting periods and delays in the processing of investigations.

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

March 25, 2020September 3, 2020 by Duane Morris

Virginia Governor Orders Closures and Occupancy Restrictions on All Nonessential Retail Businesses

Virginia Governor Ralph Northam issued an executive order on March 23, 2020, that closes dine-in restaurants and recreational/entertainment businesses, places patron number restrictions on all nonessential retail businesses, bans gatherings of 10 or more persons, and closes schools for the remainder of the school year.

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

March 25, 2020September 2, 2020 by Duane Morris

D.C. Mayor Closes All Nonessential Businesses and Prohibits Large Gatherings

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.

March 25, 2020September 3, 2020 by Duane Morris

As Trump Signals Return to Work, Retailers Face Uncertain Choices

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.

March 25, 2020March 25, 2020 by Duane Morris

U.S. Antitrust Agencies Announce Expedited Procedures and Guidance for COVID-19 Public Health Efforts

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.

March 25, 2020August 31, 2020 by Duane Morris

COVID-19 Prompting Significant Action by State and Federal Prison Authorities

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.

March 25, 2020August 31, 2020 by Duane Morris

HHS Activates DEA Exemption to Allow Remote Prescribing of Controlled Substances

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.

March 25, 2020September 1, 2020 by Duane Morris

Delaware Governor Closes Nonessential Businesses Until May 15, 2020

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.

March 25, 2020September 3, 2020 by Duane Morris

No State-Wide Shut-Down (Yet) in Texas, But Various Cities/Counties Issue “Stay Home” Orders

By Tracy L. McCreight

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.

March 25, 2020March 25, 2020 by Duane Morris

Will Cannabis Workers Be Eligible for Coronavirus Unemployment Benefits?

[…] 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.