With the 2022 California legislative year closed, it is once again time to examine the new legislation that will affect entities operating within the state. This Update provides summaries of key legislation as well as action items to consider.

On October 31, 2022, Washington Governor Jay Inslee will end the statewide COVID-19 emergency declaration and rescind all remaining COVID-19 emergency proclamations. Despite the governor’s action, however, Washington’s Health Emergency Labor Standards Act will remain in effect for now.

On March 17, 2022, a judge for the U.S. District Court for the Middle District of Florida denied defendant Scribe Opco, Inc.’s motion to dismiss a class action alleging violations of the Worker Adjustment and Retraining Notification Act.

Perkins Coie is pleased to present the third edition of Labor Law Today —Year in Review, highlighting the past year’s most noteworthy developments.

The U.S. Department of Justice Antitrust Division, on January 28, 2022, revealed the criminal prosecution of a conspiracy that allegedly suppressed wages and limited job mobility for essential healthcare workers.

A Colorado state court recently joined a growing chorus of courts across the country rejecting insurance companies’ arguments that there is no coverage for COVID-19-related losses and costs under commercial property insurance policies because COVID-19 cannot cause “physical loss or damage” to property as a matter of law.

COVID-19 disrupted business operations, supply chains, and economies around the globe. In response, businesses had to respond to multiple crises throughout their operations. Companies sought to make good choices concerning procurement, logistics, HR, and go-forward strategies.

With the new year approaching, this is an excellent time to turn over that new leaf and commit to starting, or reestablishing, good habits. Businesses should be no different.

View Perkins Coie’s archived frequently asked employment questions regarding COVID-19. These FAQs have not been updated to address OSHA’s emergency temporary standards regarding COVID-19 vaccination mandates announced on November 4, 2021.

Further to New York City Mayor Bill DeBlasio’s December 6, 2021 announcement, the New York City Department of Health has now released detailed guidance regarding the vaccine mandate for private employers.

On December 7, 2021, a federal district court in Georgia issued a nationwide injunction blocking the federal contractor vaccine mandate and other protocols.

New York City Mayor Bill DeBlasio announced sweeping new vaccine requirements for NYC employers and residents, including a “first-in-the-nation” requirement that all private-sector employers mandate that their employees receive the COVID-19 vaccination, without a standard testing alternative.

The Washington Legislature made several significant changes to the state’s Paid Family and Medical Leave program during the 2021 legislative session that all Washington employers should know.

Employer vaccination policies are probably the hottest topic in this final quarter of the calendar year. Some employers are even planning to offer COVID-19 vaccination shots at holiday parties to make it easier for employees to get vaccinated.

The U.S. Department of Labor’s Occupational Safety and Health Administration issued its long-awaited emergency temporary standard requiring all employers with a total of 100 or more employees to mandate vaccination and/or weekly COVID-19 testing. OSHA also released a comprehensive FAQ to address questions.

The Occupational Health Safety Administration (OSHA) issued the anxiously-awaited COVID-19 Vaccination and Testing Emergency Temporary Standard (Vaccine ETS), which mandates that private employers with 100 or more employees (Employers) implement a COVID-19 vaccination policy.

On October 25, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance related to the COVID-19 pandemic, adding a brand-new section addressing religious objections to COVID-19 vaccine mandates.

Last week, the federal government began enforcing the requirements of the Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors” (COVID EO) and its supporting guidance.

On October 12, 2021, the Occupational Safety and Health Administration (OSHA) delivered its proposed vaccine mandate Emergency Temporary Standard (ETS) to the White House for final review.

Washington Governor Jay Inslee signed the Health Emergency Labor Standards Act (HELSA) on May 11, 2021.

Both federally and in New York, the COVID-19 regulatory landscape continued to evolve in September.

With the surge of COVID-19 cases due to the Delta variant, many employers are considering whether to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of vaccine policies for their businesses.

The Occupational Safety and Health Administration updated general industry guidance for COVID-19 that is applicable to all workplaces, focusing on unvaccinated workers and others who are “at risk” (i.e., immunocompromised individuals) and workers who are fully vaccinated but located in areas of substantial or high community transmission of COVID-19.

According to a legal opinion posted online on July 26, 2021, the U.S. Department of Justice officially took the position that the Food, Drug, and Cosmetic Act—which authorizes an “emergency use authorization” for a vaccine—does not prohibit entities, including employers, from requiring a vaccine even if authorized for emergency use only.

Governor Gavin Newsom signed California’s limited COVID-19 right of recall law in April 2021, which established an obligation for certain employers to recall employees who were laid off because of COVID-19 when job positions become available.

On December 1, 2020, the San Francisco Board of Supervisors unanimously approved a commercial eviction moratorium ordinance (the Board Ordinance), which Board Ordinance came into effect on January 11, 2021. When the Board Ordinance became effective, the mayor’s previous executive orders which impose a moratorium on commercial evictions (the Mayor’s Moratorium) terminated.

The Occupational Safety and Health Administration (OSHA) issued the COVID-19 Healthcare Emergency Temporary Standards (ETS) on June 10, 2021. 

The Occupational Safety and Health Administration (OSHA) updated general industry guidance for COVID-19 that is applicable to all workplaces.

On June 2, 2021, in response to a written request by a coalition of local government agencies, California Governor Newsom announced that N-29-20 will not terminate on June 15, and that state and local agencies can continue to conduct virtual public meetings as needed.

Remote depositions are becoming more prevalent in the midst of the COVID-19 crisis. This list tracks the various state and federal authorities that govern remote depositions and the administration of oaths or affirmations when the court reporter or notary is not in the same room as the witness. The list contains a link to each state’s law or rule related to remote depositions and a link to any statute, executive or supreme court order authorizing remote oaths. The list is updated periodically and subject to change to reflect each state’s attempts to adapt to conditions related to the COVID-19 pandemic.

On April 15, 2021, in response to the ongoing COVID-19 situation, the U.S. Internal Revenue Service issued a temporary deviation from the handwritten signature requirement for a limited list of tax forms. This issue includes elections under Section 83(b) of the Internal Revenue Code, allowing taxpayers and representatives to use electronic or digital signatures when signing such forms. The IRS memorandum was issued about a month after Perkins Coie LLP, Carta.com, and other coalition partners sent a letter to the IRS specifically requesting such temporary relief.

The American Rescue Plan Act of 2021 (ARPA) includes a number of provisions requiring immediate action by employers.

This update examines in detail each form of multiemployer pension plan relief under the ARPA, as well as potential impacts of the ARPA on employers participating in underfunded multiemployer pension plans.

Much of the previous relief that had been granted to cafeteria plans during the COVID-19 pandemic was set to expire after 2020.

The California Labor & Workforce Development Agency (LWDA) and the California Department of Industrial Relations (DIR) unveiled a new website for companies operating in California that contains consolidated resources regarding COVID-19.

On February 3, 2021, Seattle Mayor Jenny Durkan signed into law a new ordinance requiring grocery employers to provide their employees an additional $4.00/hour in hazard pay due to the COVID-19 pandemic.

As the government revives its Paycheck Protection Program with hundreds of billions of dollars in additional loans available to small businesses, there are fresh signs that government fraud investigations and whistleblower litigation related to the loan program are ramping up.

As the government revives its Paycheck Protection Program (PPP) with hundreds of billions of dollars in additional loans available to small businesses, there are fresh signs that government fraud investigations and whistleblower litigation related to the loan program are ramping up.

Policyholders with COVID-19 insurance claims may not be aware that insurance policies limit  the time they have to bring a lawsuit against their insurance company.

Perkins Coie is pleased to present the second edition of Labor Law Today —Year in Review, highlighting the past year’s most noteworthy developments.

The Small Business Administration (SBA) has announced that they will reopen their portal for Paycheck Protection Program (PPP) loans for eligible borrowers beginning the week of January 11, 2021, after being shut down since August 8, 2020, when the prior congressional authorization for PPP loans expired.

The latest COVID-19 relief legislation provided some additional aid and clarity for a select group of debtors and left many other questions unanswered.

The U.S. Senate and House of Representatives, on December 21, 2020, approved H.R. 133, referred to as the “Consolidated Appropriations Act, 2021.”

After much political gridlock, Congress passed an omnibus government-spending bill (Appropriations Act), which includes another COVID-19 relief package.

Retail, restaurant, entertainment, and other industries have been devastated by COVID-19 and the resulting governmental orders either precluding or materially limiting operations. In that regard, retail bankruptcy filings have become common occurrences and bankruptcy courts a favored venue for businesses seeking a proverbial “breathing spell.”

A COVID-19 vaccine authorized by the U.S. Food and Drug Administration (FDA) for emergency use has arrived in the United States and is being widely distributed to select groups as we issue this update.

In anticipation of the upcoming reporting season, we highlight rule changes, guidance, and trends for public companies to consider in preparing annual report and proxy statement disclosures in 2021.

The COVID-19 pandemic and the resulting need for patient access to remote healthcare, as well as the development of contact-tracing apps, have spotlighted the importance of health-focused mobile applications (mHealth apps).

Los Angeles County will issue a Revised Health Officer Order to be effective on Monday, November 30, 2020. The press release about the order provides that residents are advised to stay home as much as possible and wear face coverings when outside their household and around others.

As the COVID-19 resurgence continues, the state of Illinois and the city of Chicago, have once again updated guidance for employers.

The National Labor Relations Board (NLRB) released an advice response memo concluding that a claim that a construction company violated the National Labor Relations Act (NLRA) “by laying off the charging party in the midst of a purported downturn in business due to COVID-19” and thereafter failing to recall the employee lacked merit.

Oregon’s Occupational Safety and Health Administration (OSHA) has issued a temporary rule in response to the COVID-19 pandemic that went into effect on November 16, 2020, although many of the rule’s requirements have a later effective date. 

Over the course of the last week, the Small Business Administration (SBA) has reportedly begun quietly questioning borrowers who had received Paycheck Protection Program (PPP) loans about the “necessity” of their loans.

The global pandemic related to the novel coronavirus has altered daily life for food producers and consumers. These changes have affected not only how individuals work but also the way producers supply food, how consumers shop, and how regulators approach the food system during the pandemic. Months into the public health emergency, the story is still being written.

For retailers, the holiday season is indeed the “most wonderful time of the year.”

Companies are increasingly developing biometric-enabled solutions, such as contactless entry and automated temperature and mask detection, to help employers safely return personnel to the office amid the COVID-19 pandemic.

Top enforcement officials from the U.S. Securities and Exchange Commission recapped the agency’s accomplishments over the past fiscal year and previewed its upcoming enforcement priorities at this year’s SEC Speaks conference, held on October 8 and 9, 2020.

The U.S. Small Business Administration (SBA) released a procedural notice (the Notice) on October 2, 2020, that describes the process and requirements that Paycheck Protection Program (PPP) borrowers and lenders must follow when ownership of the PPP borrower is changing.

Governor Gavin Newsom issued Executive Order N-80-20 on September 23, 2020, extending Executive Order N-28-20 through March 31, 2021, with respect to commercial evictions only. 

In the wake of the July 24 expiration of the 120-day moratorium on residential evictions in the Coronavirus Aid, Relief, and Economic Security (CARES), the U.S. Centers for Disease Control (CDC) issued an order (CDC order) temporarily halting some residential evictions in the United States.

The U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance, What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws, on September 8, 2020, to create a comprehensive guide for both employers and employees addressing common questions related to COVID-19 and federal employment laws.

COVID-19 has forced many employers to make unanticipated changes to their workforce, with many retailers rolling out a combination of furloughs, layoffs, and breaks in service to address changing market demands and shelter-in-place orders.

Shortly after the shelter-in-place orders first went into effect this spring, California Governor Gavin Newsom issued an executive order allowing, but not requiring, local governments to impose temporary limitations on residential and commercial evictions in certain COVID-19-related situations.

In response to the ongoing coronavirus (COVID-19) pandemic, the U.S. Congress, the executive branch, and the Internal Revenue Service (IRS) have taken several actions intended to provide immediate relief to taxpayers.

In this episode of White Collar Briefly, Perkins Coie’s Barak Cohen, David Fletcher, and Alexander Canizares discuss the landscape for increased fraud investigations and enforcement actions related to COVID-19 stimulus spending, including False Claims Act investigations and qui tam whistleblower litigation, as well as steps companies can take to reduce their potential exposure.

Although the economy has faltered during this COVID-19 pandemic, wealth transfer continues to grow. This article outlines a few of the estate planning techniques to make the best out of these trying times.

Colin Fowler and Michael Glenn sit down with Dr. Odelia Braun, founder of Emergency University, to discuss innovations that improved EMS response time and modern pandemic tracing. 

Since the start of the pandemic, hundreds of businesses of all sizes have been forced to file lawsuits against their property insurers for failing to honor their contractual obligations to provide business interruption, extra expense, civil authority, and other coverage for the substantial losses caused by the COVID-19 pandemic.

As colleges and universities reopen, the potential for another shutdown and lawsuits over refunds for tuition, fees, and health and safety looms.

While debates in Congress continue regarding extending or providing additional COVID-19 relief legislation, the Small Business Administration (SBA), U.S. Department of Treasury (Treasury), and lenders under the Paycheck Protection Program (PPP) are preparing for the next wave of activity for PPP loans.

As COVID-19 cases continue to rise locally and across the country, Illinois, Chicago, and Cook County continue to update their guidelines and recommendations for employers.

As employers open or expand access to workplaces, safety considerations remain paramount during the continuing COVID-19 pandemic.

Hundreds of COVID-19-related class action claims have been filed in state and federal courts throughout the country.

Taxpayers are required to take minimum annual distributions, commonly referred to as required minimum distributions (RMDs), from their Individual Retirement Accounts (IRAs) and certain other defined contribution plans (e.g., 401(k), profit sharing, and 403(b) plans) beginning April 1 of the calendar year following the year they turn 72 years of age[1].

In Proclamation 20-46.2 (July 29, 2020), Washington Governor Jay Inslee extended existing protections for “high-risk workers” for the duration of the current state of emergency.

On July 24, 2020, the California Department of Fair Employment and Housing (DFEH) updated its DFEH Employment Information on COVID-19 FAQ in accordance with the ever-changing nature of the pandemic.

On July 23, 2020, the CDC issued guidance for K-12 school administrators to safely return to school in the fall of 2020.

Due to the COVID-19 pandemic, institutions of higher education are facing significant revenue challenges and incurring extra expenses for which their insurance programs should provide relief.

In Privacy Versus the Pandemic, Perkins Coie Privacy attorneys take a trip around the world to explore the interplay between privacy and public health during the COVID-19 outbreak.

ICANN's founding promise and mandate are optimistic—ensure a stable and secure internet that benefits the internet community as a whole. Recent months, however, have highlighted the uncomfortable truth that ICANN's and the industry's approach to DNS abuse is actually moving backward, ignoring growing problems, abdicating on important policy issues, and making excuses for not acting.

Amid the COVID-19 pandemic, cosmetic companies continue to see growing numbers of class action litigation cases targeting the industry.

Oregon Governor Kate Brown signed House Bill 4204 (HB 4204) into law on June 20, 2020.

COVID-19 is the biggest disruption to consumer retail spending patterns in recent history.

This update provides some recent lessons learned with remote depositions that apply to both those who take and defend remote depositions.

The positive economic value of environmentally sustainable supply chain practices is broadly understood and accepted by the outdoor industry.

COVID-19 has financially stressed the U.S. healthcare system in several ways.

In 1964, futurist Arthur C. Clarke predicted that in fifty years, people “will no longer commute—they will communicate.”

This update was republished in Thomson Reuters Westlaw, July 16, 2020. 

The insurance industry in the United States continues to thwart legislative solutions for disputed COVID-19-related losses under property/business interruption policies and resists efforts to group lawsuits together into multi-district federal litigation or class actions.

Across the country, the COVID-19 pandemic has profoundly affected the ability of businesses to fulfill their environmental compliance obligations.

Consistent with the gradual phase-based governmental plans for returning our communities to the new COVID-19 normal, trial lawyers have adapted in phases.

On this episode, we are joined by Deborah White, president of the Retail Litigation Center (RLC) and senior executive vice president and general counsel of the Retail Industry Leaders Association (RILA). Deborah provides insight and analysis regarding the retail industry’s varied and innovative response to the pandemic, including how large retailers deal with the patchwork of evolving state and local regulations and how they are innovating at breakneck speed to meet consumer demand while maintaining safety for employees, suppliers, and customers.

President Donald Trump on June 22, 2020, signed an executive order extending until December 31, 2020, and expanding on his April 22, 2020, proclamation, temporarily suspending the entry of certain immigrants into the United States.

The proclamation was amended on June 29, 2020, please see our summary of the amendment.  

The COVID-19 pandemic altered and disrupted what was considered normal and is thrusting many companies, especially financial institutions, into a new reality where the need for intense digitization is no longer an optional strategy or an experiment.

On Friday, May 22, the California Senate Judiciary Committee voted in favor of an amended version of SB-939, which would limit the rights of many commercial landlords to enforce certain provisions of their leases.

In the wake of the COVID-19 crisis, food production and meatpacking plants have been the subject of much discussion regarding the risk of community transmission of the virus. Coronavirus infections and deaths among those who work in the industry have spurred a slew of lawsuits against employers.

The Small Business Administration (SBA), on June 16, 2020, released new loan forgiveness application forms and corresponding instructions for borrowers seeking forgiveness of their Paycheck Protection Program (PPP) loans.

The U.S. Department of Health and Human Services (HHS) recently announced two new targeted distributions from the CARES Act Provider Relief Fund (the Provider Relief Fund) to assist in the response to the medical and economic consequences of the COVID-19 pandemic

Retailers hit by the economic downturn are considering bankruptcy protections.

The University of Colorado’s Interim Executive Vice Chancellor and Chief Operating Officer Patrick O’Rourke discusses experiences including his path from private practitioner to the GC and then COO of one of the Nation’s premier educational institutions.

A conversation with Ross Mansbach, deputy general counsel at Avanos Medical, a publicly-traded medical device and technology company about the impacts of COVID-19, the transition to remote working, and what it all may mean for corporate legal departments and their relationships with outside counsel.

As countries around the world overcome the first wave of coronavirus infections, one thing is becoming apparent: Remote working will almost certainly become a permanent fixture of modern life for many.

As countries around the world overcome the first wave of coronavirus infections, one thing is becoming apparent: Remote working will almost certainly become a permanent fixture of modern life for many.

Pressing ahead on his efforts to reduce delays in federal approvals necessary for major infrastructure projects, President Donald Trump on June 4 called for more streamlining in another executive order, Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities.

This update amends our prior publication on June 5, 2020, and contains new information based on additional guidance provided by the Federal Reserve on June 8, 2020.

COVID-19 has wreaked havoc on the entertainment industry, creating massive disruptions across many industry sectors.

As the United States and the rest of the world move toward reopening economies, businesses will begin to shift from survival mode to “back to business.”

In the wake of severe market volatility resulting from the COVID-19 pandemic, self-regulatory organizations and government agencies continue to provide guidance analyzing and interpreting the effects of the pandemic on market participant activities.

This update amends our prior publication on May 4, 2020, titled Federal Reserve Announces Changes to Main Street Lending Program and contains new information based on additional guidance provided by the Federal Reserve on May 27, 2020.

As California begins to reopen and employees return to the workplace, employers must consider new protocols to help safeguard the workplace related to COVID-19. This includes performing a detailed risk assessment and developing a return to work plan. Read more.

The U.S. House of Representatives, on May 28, 2020, passed with bipartisan support H.R. 6886, referred to as the Paycheck Protection Program Flexibility Act of 2020.

COVID-19’s effect on the economy does not discriminate. Business activity has slowed down significantly for many companies, and even more drastically in certain sectors.

As in-house counsel, during the pandemic you and your colleagues may be working from home and caring for children or other family members, all while addressing novel legal issues raised by the coronavirus plus the normal day-to-day issues of your job.

As new unemployment claims rise, impostors seek to scam the unemployment system at the cost of the state, employees, and employers.

Many employers have sought to leverage or make changes to their employer-sponsored benefits to address economic and health-related burdens faced by their employees during the COVID-19 pandemic.

The COVID-19 pandemic is upending the entertainment industry, with music, film and television, and other industry sectors experiencing profound disruptions to the status quo.

On this episode of White Collar Briefly, attorneys, Markus Funk and Chelsea Curfman, interview special guest, Caroline McMichen, global ethics and compliance chief for Molson Coors Beverage Company, about the hallmarks of a successful internal investigation.

A new $2 million SBA safe harbor for PPP loans appears to create a wide umbrella that substantially reduces the risk that adverse consequences will rain down and soak companies with loans in this category.

Borrowers who, together with their affiliates, received Paycheck Protection Program (PPP) loans in an aggregate amount less than $2 million will be deemed to have made their certification that the loan was “necessary” in good faith, according to new guidance issued by the U.S. Small Business Administration (SBA).

This list tracks the actual use of videoconferencing technology by state and federal courts in lieu of a traditional courtroom setting. It lists the videoconferencing technology used by each state, if known, and provides a link to the source documenting the use. The list is updated periodically and subject to change to reflect each state’s attempts to adapt to conditions related to the COVID-19 pandemic.

Governor J.B. Pritzker released Restore Illinois, a five-phased plan to reopen the state of Illinois on Tuesday, May 5.

The COVID-19 pandemic is rapidly cutting a wide swath of change in the entertainment industry.

Today commercial landlords and tenants are preparing to safeguard their employees and customers from Covid-19 risks.

In this podcast, Perkins Coie’s Insurance Recovery Partners Jim Davis and Norton Cutler interview special guest Dr. John Richard Corboy, M.D., who provides an overview of the scientific understanding of COVID-19.

The COVID-19 Right of Recall Ordinance requires that airport, hotel, event center, and commercial property employers offer a laid off worker, in writing, any position which is or becomes available after the effective date of the ordinance (listed as June 14, 2020) for which the laid off worker is qualified.

The COVID-19 Worker Retention Ordinance applies to airport, hotel, event center, and commercial property businesses and works in tandem with the COVID-19 Right of Recall Ordinance.

Los Angeles County enacted the COVID-19 Worker Protection Ordinance on April 28, 2020.

States across the country are beginning to reopen or considering reopening following shutdowns in response to the COVID-19 pandemic.

“Trust, but verify.” This has gained new currency in the context of the Department of Treasury and the Small Business Administration’s April 23 and April 28 guidance concerning “necessity” certification of Paycheck Protection Program loans and a new interim final rule issued April 30 limiting loans to corporate groups.

This update and the corresponding blog post discuss how litigators and litigants can benefit from the available technology to continue taking and defending depositions while quarantined in their home offices.

The Federal Reserve Board released updated guidance on its Main Street Lending Program (Main Street Program) on April 30, 2020. Authorized under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and previously announced on April 9, 2020, the Main Street Program will indirectly offer loans to small- and medium-sized businesses to alleviate economic distress caused by the spread of COVID-19.

Many employee benefit plan sponsors, administrators, and fiduciaries have been asking about regulatory relief in response to administrative challenges created by the COVID-19 pandemic.

Companies seeking PPP loans must certify they have an “economic necessity” to obtain these loans.

While some states (such as Georgia, South Carolina, Texas, Montana, and Oklahoma) have commenced, or will soon commence, phased or soft business reopenings, other jurisdictions (including the six San Francisco Bay Area counties in California, Connecticut, New York, and Rhode Island) have recently extended their “shelter-in-place” and eviction moratorium orders.

The six Bay Area counties that led the way in requiring their citizens to shelter in place on March 16 and again on March 31—Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara—issued new orders on April 29 extending many of the shelter-in-place requirements to May 31.  

Washington public meeting and public records laws contemplate that members of the public can be physically present at the meeting location or the agency office.

Washington Governor Jay Inslee signed an addendum to the Stay Home, Stay Healthy Order (Proclamation 20-25) on April 24, 2020, to allow certain construction to resume, provided projects institute a COVID-19 safety plan and workers use personal protective equipment and can socially distance, among other requirements.

Governor Gavin Newsom issued an executive order on April 22 suspending for a period of 60 days (1) the filing, posting, notice, and public access requirements related to certain notices under the California Environmental Quality Act, and providing for electronic posting; and (2) certain aspects of the consultation process with Native American tribes.

In recent days the federal government has taken two significant steps to increase healthcare funding to assist providers in responding to the medical and economic consequences of the novel coronavirus pandemic.

The U.S. Securities and Exchange Commission (SEC) announced on April 20, 2020, that it had voted to issue two exemptive orders relating to the implementation of the National Market System Plan Governing the Consolidated Audit Trail (CAT NMS Plan), in part, to address effects of COVID-19 on the securities markets.

Following recent press and new guidance from the Small Business Administration (SBA), many nonprofit organizations are carefully considering whether borrowing funds under the Paycheck Protection Program (PPP loans) is “necessary” for their organization, a critical component of the loan application.

The Office of Management and Budget (OMB) and several federal agencies have issued guidance implementing a provision in the CARES Act that allows government contractors to be reimbursed for paid leave to employees and subcontractors unable to work during the COVID-19 crisis.

Since the start of the COVID-19 pandemic in the United States, the U.S. Securities and Exchange Commission (SEC) has increasingly exercised its authority under the Securities Exchange Act of 1934 (the Exchange Act) to suspend the trading in certain securities.

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, 2020, established the Paycheck Protection Program (PPP), a loan program that made $349 billion available to small businesses using the Small Business Administration’s (SBA) existing 7(a) loan program.

As Washington businesses continue to operate under Governor Jay Inslee’s “Stay Home, Stay Healthy” order in the wake of the global COVID-19 pandemic, workers’ compensation may not be of primary concern.

The U.S. Centers for Disease Control is now recommending that everyone consider wearing facemasks or other face coverings to help prevent the spread of COVID-19 in public settings where social distancing measures are difficult to maintain, which would include many workplaces.

The Families First Coronavirus Response Act created a set of expansions to federal food assistance programs designed to provide relief to families across the nation struggling with the economic disruptions caused by the COVID-19 public health emergency.

No legal development over the past decades has had a greater impact on the free flow of information and technology than the rise of the open access and open source movements.

Speakers discuss preparing COVID-19 business interruption insurance claims. Topics include what is happening on the ground, the use of the pollution exclusion to deny coverage for losses caused by COVID-19, real world claim preparation and management issues, and an update on pending legislation that may impact available insurance coverage.

With travel restrictions in place, most of the country subject to stay-at-home orders, courthouses closed and some cases stayed or delayed, in-house intellectual property lawyers may find their existing projects relating to ongoing litigation and licensing stalled.

Several COVID-19-related mergers and acquisitions (M&A) complaints have been filed with the Delaware Court of Chancery since the start of this month, with spurned sellers alleging that buyers experienced a change of heart due to COVID-19’s economic impact and asking the court to compel their suitors to close the deals.

Los Angeles Mayor Eric Garcetti issued a Worker Protection Order on April 7, 2020, which can be found here.

About a month ago, the Families First Coronavirus Response Act created a pandemic electronic benefit transfer (P-EBT) program to give low-income families access to nutritious food while schools are closed. That law was enacted on March 18th and required states to submit, and the U.S. Department of Agriculture (USDA) to approve, plans to operate the new P-EBT program.

Multiple insurance policies may ultimately be triggered as a result of the global Covid-19 pandemic. Companies should keep detailed records now to assist with any future insurance claims. Here is a preliminary documentation checklist which will aid companies in maximizing their insurance once claims are filed.

The CARES Act, which became law on March 27, 2020, appropriates $100 billion to the Public Health and Social Services Emergency Fund to reimburse providers for unreimbursed expenses and lost revenue attributable to the novel coronavirus pandemic.

Los Angeles Mayor Eric Garcetti has modified the previously passed COVID-19 Supplemental Paid Sick Leave Ordinance by issuing a public order under City of Los Angeles Emergency Authority.

On this podcast the speakers discuss Business Interruption and Civil Authority Claims for Covid-19 and specifically address tips for providing notice, the amount and types of claims policyholders are filing, initial reactions and requests for information from the insurance industry, similar historical events and the barrage of expected insurance litigation coming our way

In response to the ongoing coronavirus pandemic (COVID-19), the Internal Revenue Service (the IRS) has taken additional actions intended to provide immediate relief to taxpayers.

Between March 17 and April 9, 2020, the U.S. Department of Treasury and the IRS issued a series of notices automatically extending to July 15 the deadline for the filing of all federal income and gift tax returns and all federal estate tax returns due on or after April 1, payment of all federal income, gift, and generation-skipping transfer (GST) tax in respect of the 2019 taxable year, and payment of all federal estate tax and estimated federal income tax for the 2020 taxable year otherwise due on or after April 1, 2020, and before July 15, 2020.

Last month, Governor Gavin Newsom signed an Executive Order which allows but does not require local governments to impose temporary limitations on residential and commercial evictions in certain COVID-19 related situations.

The City of Los Angeles recently enacted a new ordinance called the COVID-19 Supplemental Paid Sick Leave Ordinance that applies to employers with 500 or more employees nationally.

Businesses that receive government funding under the nearly $2 trillion Coronavirus Aid, Relief, and Economic Security Act (CARES Act) should be mindful of the heightened risks of government investigations of fraud, waste, and abuse, for several reasons.

This update was also posted on the Coronavirus (COVID-19): Guidance for Businesses blog.

In response to the ongoing public health emergency, the Federal Communications Commission released a Report and Order on April 2 establishing a COVID-19 Telehealth Program, along with a broader Connected Care Pilot Program, to support connected care services and devices.

The Federal Energy Regulatory Commission (the commission) took numerous actions on April 2, 2020, to ease regulatory burdens across the electricity, natural gas, and oil pipeline industries in response to the COVID-19 pandemic.

As widely reported, and not surprising, the internet is swimming in COVID-19 online scams. Criminals, accustomed to rapidly grabbing online territory during times of crisis and profiting from public fear, are working overtime in the face of the coronavirus.

Companies affected by COVID-19 must carefully consider immigration implications for all foreign national and expat employees, including issues of immigration compliance.

With the current coronavirus outbreak causing unprecedented social and economic upheaval and suffering, we take a look at the leading disruptive IT-related technologies to see what impact— positive, negative, or none at all—these technologies are having in our efforts to combat the effects of the coronavirus and what role these technologies could play in identifying and mitigating future pandemics.

Speakers discuss the COVID-19 crisis, staying at home, the types of insurance affected by the crisis, early lawsuits, tips for policyholders to preserve claims, the current trends in the insurance marketplace, including renewals that just happened, and legislation in the works that might force insurers to provide business interruption coverage.

The National Labor Relations Board (NLRB) issued a press release on April 1, 2020, stating that The National Labor Relations Board will not extend its temporary suspension of Board-conducted elections past April 3, 2020 and will instead resume conducting elections beginning Monday, April 6, 2020. 

On March 31, six Bay Area counties—Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara—jointly issued new shelter-in-place restrictions that expand, clarify, and extend certain shelter-in-place restrictions until May 3, 2020.

An important improvement aimed at ensuring a faster, less expensive, and more tailored approach to reorganizations involving smaller businesses was embedded in the recent $2 trillion recovery package known as the Coronavirus Aid, Relief and Economic Security Act (CARES Act).

The Coronavirus Aid, Relief, and Economic Security Act, known as the “CARES Act,” became law on March 27, 2020. The CARES Act implements wide-ranging changes to law and funding designed to ameliorate the coronavirus pandemic’s impact on the American economy and its workers.

In response to the ongoing coronavirus (COVID-19) pandemic, U.S. Congress, the executive branch, and the Internal Revenue Service (IRS) have taken several actions intended to provide immediate relief to taxpayers.

A key feature of the nearly $2 trillion economic stimulus bill signed into law on March 27, 2020 is the creation of a $350 billion “Paycheck Protection Program” (PPP) to authorize loans to businesses affected by the COVID-19 crisis.

Governor of California Gavin Newsom and numerous other local municipalities—including, but not limited to, the counties of Humboldt, Lake, Los Angeles, Marin, Mendocino, Monterey, Napa, Sonoma, Sutter, Yolo, and Yuba, and the cities of Berkeley and Fresno—have issued shelter-in-place orders.

In this article, Judge Kendall and Markus discuss why the coronavirus pandemic threatens to trigger a new wave of human rights violations if companies are not careful to root out forced labor in supply chains. They conclude that companies must have effective compliance programs in place and bolster supply chain vigilance to ward off potentially business-ending scrutiny.

On March 20, 2020, Governor of Illinois JB Pritzker, issued an executive order requiring Illinois residents to stay at home and limiting business activities which may remain open to “Essential Businesses and Operations.”

Recognizing the high volume of COVID-19 content being published, Perkins Coie developed a one-stop, integrated resource page that addresses key legal and business considerations for companies across essential business areas, from insurance coverage and labor and employment, to privacy and security, corporate governance, tax, construction, supply chain, and more.

Governor of Washington Jay Inslee issued a statewide order, Proclamation 20-25 - Stay Home, Stay Healthy, requiring all Washingtonians to stay at home unless engaging in essential activities or working in essential business services.

Recently, the U.S. Department of Justice Antitrust Division and Federal Trade Commission issued a joint statement regarding COVID-19.

In the wake of coronavirus (COVID-19), businesses are finding themselves in situations where facilities need to shut down, staff are sent home, laboratories that test monthly samples are temporarily closed, or outside contractors scheduled to complete required performance testing have canceled.

Owners and developers with construction projects underway are understandably very concerned about the impact of COVID-19 on the viability of their projects.

The federal Department of Health and Human Services (HHS) on March 13, 2020, invoked its authority under section 1135 of the Social Security Act (the act) to waive certain requirements that providers normally must meet to receive reimbursement for services to Medicare, Medicaid, and Children’s Hospital Insurance Program (CHIP) beneficiaries

In response to the ongoing coronavirus (COVID-19) pandemic, the U.S. Congress, the Executive Branch, and the Internal Revenue Service have taken several actions intended to provide immediate relief to taxpayers, including by postponing federal income tax return and tax payment deadlines, providing businesses with tax credits to the extent that such businesses are subject to new paid sick and paid family and medical leave requirements, and declaring COVID-19 a national emergency.

The coronavirus (COVID-19) outbreak and its possible impacts on corporations highlight the importance of the board of directors’ oversight function in times of crisis.

Any crisis—especially one as drastic and unprecedented as COVID-19—heightens the risks of fraud, waste, and abuse. Perkins Coie attorneys examine recent Justice Department actions and say even companies that don’t receive funds specifically tied to the federal government’s response to the outbreak should bear in mind the risks of potential exposure to fraud allegations. 

The Office of Management and Budget (OMB) issued guidance on March 20, 2020, to the heads of executive departments and agencies regarding contract performance issues associated with COVID-19.

With the escalating economic turmoil created by the coronavirus (COVID-19), companies are scrutinizing the force majeure provisions in their commercial agreements.

The immediate and possibly severe financial and business impacts of the coronavirus (COVID-19) outbreak have resulted in public companies closely reviewing their public disclosures and related securities compliance.

In the midst of the COVID-19 pandemic, many buyers and sellers of tech services and goods are in the process of (1) examining their existing tech agreements to determine whether the pandemic constitutes a force majeure event under the governing law of the agreement and excuses related failures or delays in performance, and (2) assessing how to negotiate new tech agreements within the uncertainty of the pandemic. 

Companies across all industries are preparing to face the widespread economic effects of the coronavirus (COVID-19) pandemic. Making sure companies have access to liquidity during this time will be a key strategy in addressing the challenges posed by the pandemic, particularly as COVID-19 continues to disrupt financial markets and thrust economic conditions into greater uncertainty.

As the widespread economic impacts of the coronavirus (COVID-19) worsen, Governor Gavin Newsom issued Executive Order N-28-20 on March 16, 2020, to assist Californians experiencing financial hardship.

COVID-19 arrives just as the first omnibus privacy statute in the United States, the CCPA became effective. Since its January 1 effective date, we continue to wait for finalization of the CCPA regulations and enforcement that was slated for July 1.

COVID-19 is expected to have an impact on construction companies across the country.

During the public health emergency brought on by the 2019 novel coronavirus (COVID-19), food processors and manufacturers must continue to be vigilant in protecting the health and safety of their workers and the foods they produce and distribute.

By a vote of 363-40 the U.S. House of Representatives passed H.R. 6201, the Families First Coronavirus Response Act, on March 14, 2020. The bill now proceeds to the U.S. Senate, and the White House has voiced its support for the legislation.

Due to rising concerns about the recent outbreak of the novel coronavirus, President Trump signed an executive order on March 18, 2020, invoking his authority under the Defense Production Act.

In the wake of COVID-19, parties may (1) be in a contractual relationship with a counterparty that asserts it cannot perform or (2) find themselves unable to fulfill their own contractual obligations.

Parties to commercial contracts that may be affected by COVID-19 are now examining their force majeure provisions, as well as all other risk allocation provisions, to determine which party bears the cost of delay or impossibility of performance.

As federal and state governments respond to COVID-19, employers and plan fiduciaries must also address the evolving issues arising under employer-sponsored health plans.

In response to the rapidly changing and unpredictable business environment resulting from the novel coronavirus (COVID-19) outbreak, underwriters of representation and warranty insurance (RWI) policies are introducing broad exclusions from business interruption or business downturn losses arising out of or relating to COVID-19, and in some cases, any related government or regulatory response.

This practical checklist, compiled by Perkins Coie’s Insurance Recovery team, outlines key insurance coverage considerations for businesses responding to the Coronavirus (COVID-19). View Checklist

In a 90-8 vote, the U.S. Senate passed the Families First Coronavirus Response Act.

Last Friday, the White House declared a national state of emergency amid concerns of the global spread of the coronavirus. Nearly every state and numerous cities have followed suit by issuing declarations triggering emergency measures and regulations on businesses.

Below is a list of real estate issues that employees, developers, landlords, tenants, and lenders may need to address in the wake of COVID-19.

In response to the COVID-19 (coronavirus) global pandemic, seven counties in California—Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, and Santa Cruz—issued orders requiring residents to shelter in place and mandating closure of many businesses.

The coronavirus pandemic has left employers with many legal questions during this challenging time.

In these “business as unusual” times, it is critical to maintain effective messaging with clients and employees.

The coronavirus outbreak (COVID-19) has prompted China’s central and local governments to undertake special management measures.

In light of the recent novel coronavirus (COVID-19) outbreak and the challenges it presents for boards of directors to safely travel, the SEC issued an order on March 13, 2020, exempting all registered investment companies and business development companies, including their advisers and principal underwriters, from the in-person meeting requirements of certain provisions under the Investment Company Act of 1940.

The Families First Coronavirus Response Act was passed by the U.S. House of Representatives shortly before 1:00 a.m. on March 14, 2020.

As the effects of the coronavirus (COVID-19) continue to develop, public companies are faced with a variety of concerns, including the impact “social distancing” recommendations and restrictions will have on annual shareholder meetings.

On March 11, 2020, the World Health Organization (WHO) officially declared the outbreak of the coronavirus (COVID-19) a global pandemic.

Employers are rightfully concerned about what, if anything, they should be doing to respond to the continued spread of the coronavirus (COVID-19), with confirmed cases in dozens of countries, including the United States.

A timely discussion with key industry thought leaders representing several funds as we examine the climate for investment funds’ activities, their fundraising, LP relationships, and the special circumstances that may be affecting their portfolio companies, both positively and negatively.

An overview of the government’s tools and authorities to combat fraud in COVID-19 relief spending and the anticipated areas of focus for the U.S. Department of Justice as well as other new and existing investigative entities.

This webinar discussed how COVID-19 has affected the M&A market and provided insights and practical advice for companies considering or preparing for transactions in today’s environment.

Perkins Coie has invited Honcho to help share perspectives and best practices from their customers on how to navigate the new working-from-home environment.

Please join us on Friday, June 12, 2020, for a webinar that will address key considerations during the COVID-19 pandemic for businesses that have foreign national and expatriate employees in the United States. We will share information on a wide range of topics.

On this webinar we delved into the complicated legal issues surrounding COVID-19 testing in the workplace. As companies consider on-site testing as one tool to safeguard their employees and customers from COVID-19 risks, a variety of legal risks need to be addressed.

This webinar addressed lessons learned from the government investigations that followed the 2008 financial crisis, and what those lessons can teach us in the wake of recently passed COVID-19 stimulus legislation.

Perkins Coie Partners Sara Chenetz and Joydeep Dasmunshi and Gordian Group President and Head of Restructuring Peter Kaufman discussed ways funds can address challenges and enhance the value of portfolio companies as well as capitalize on investment opportunities in this market.

What you need to know now about legal and logistical challenges companies face in returning to China.

In recent years, cutting-edge digital technologies such as artificial intelligence, machine learning, blockchain, cloud computing, robotics, autonomous vehicles, virtual reality, and augmented reality have been transforming our world. With the coronavirus pandemic inflicting unprecedented social and economic upheaval and suffering, what impact—positive, negative, or none at all—are these disruptive technologies having on efforts to combat the coronavirus, and what role could these technologies play in identifying, tracking, and mitigating future pandemics?

'Virtual Summit: The California AG Is Ready for CCPA Enforcement - Are You?' Recap.

Has COVID-19 delayed CCPA Compliance? Listen as a panel of leaders share their top tips to get your company ready before enforcement begins in July 2020.

We have long had the ability to conduct remote depositions, but their popularity has surged during the COVID-19 pandemic.

This webinar discussed the many matters that businesses in Oregon are addressing as a result of the COVID-19 pandemic. Our attorneys provided answers to questions we have been receiving from our clients.

Leading during a health pandemic requires strength, vision, and an ability to look around corners. Join us for a two-part webinar series that will highlight a variety of risks and opportunities that company leaders should be aware of as we navigate through major business changes.

Join us for a timely webinar that will address key considerations for businesses exploring the financing opportunities made available under the CARES Act. 

This two-part webinar series explores cash conservation strategies that startups should consider during times of increased market volatility. These include reductions in discretionary spending, employee retention options, and compliant deferrals, among other design considerations that can extend financial runways. 

Join us Wednesday, March 25, 2020, as we address how recent actions may affect the possibility of insurance coverage for business income losses under property policies. Coronavirus loss estimates now exceed $4 trillion and continue to rise.

A presentation on employment law in China during the outbreak. This program focuses on the unique aspects of preventing the spread of the new coronavirus and the challenges it poses to business operations.

Coronavirus losses mount as businesses cancel large events and supply chains are disrupted. Every industry is potentially affected, but are the losses covered by insurance? The language of your insurance policies and undeveloped case law will ultimately answer that question.

As U.S. officials encourage Americans and American companies to prepare for, and as some companies are already dealing with significant disruptions to their daily routines, employers need to keep in mind the current state of applicable employment laws when implementing a response.

What you need to know now about your current coverage and what you need to know now to protect your company at renewal.