The Bottom Line The final text of the California Consumer Privacy Act (CCPA) regulations were submitted by the California Attorney General to the California Office of Administrative Law (OAL) for approval on June 1, 2020. Substantively, the final text of the regulations are the same Continue Reading
Rewards and Risks for Distressed Strategic Middle Market M&A
The Bottom Line During the bull market that followed the recovery from the 2008 financial crisis, we saw robust and sustained merger and acquisition (M&A) activity. Acquisitive companies pursued target businesses with strong balance sheets and bright growth prospects. Acquirers and targets Continue Reading
Paycheck Protection Program Flexibility Act of 2020
The Bottom Line The Paycheck Protection Program Flexibility Act of 2020 (the PPP Flexibility Act) was enacted on June 5, 2020. The PPP Flexibility Act provides borrowers with additional flexibility in both the amount of time and the ways in which they are able to use their PPP loan Continue Reading
New York State Court Reopening Changes Landlord-Tenant COVID-19 Landscape
The Bottom Line As of May 26, New York State Courts have re-opened for new electronically filed applications. Now that tenants have a venue to challenge improper default notices, the question becomes whether, and to what extent, landlords can exercise conditional limitations and terminate Continue Reading
IRS Provides Cafeteria Plans with Flexibility Due To COVID-19
The Bottom Line Employers are rightfully concerned that many of their employees are dealing with a host of serious financial issues caused by COVID-19. Employers have been further frustrated that Internal Revenue Service (IRS) rules have prevented them from relieving their employees’ stress by Continue Reading
Competing Bipartisan COVID-19 Privacy Bills to Be Introduced
The Bottom Line Two federal data privacy bills may soon be introduced before Congress — The COVID-19 Consumer Data Protection Act, introduced by Republican Senators, and the Public Health Emergency Privacy Act, introduced by a group of Democratic Senators and Representatives. The Continue Reading
Latest Guidance on Paycheck Protection Program Loan Forgiveness
The Bottom Line The Small Business Administration (the SBA) recently provided additional guidance related to the forgiveness of loans under the Paycheck Protection Program (PPP). On May 15, 2020, the SBA released the PPP Loan Forgiveness Application (the Application) for borrowers to Continue Reading
While CCPA Enforcement Looms and Regulations Are Delayed, a New Privacy Bill May Be Headed for the Ballot in California
The Bottom Line With the July 1, 2020 California Consumer Privacy Act (CCPA) enforcement date quickly approaching, the California Attorney General has yet to finalize the implementing regulations, leaving businesses uncertain about their compliance obligations under the new law. Additionally, Continue Reading
Protective Covenant Considerations in the COVID-19 Era
The Bottom Line In the current economic environment, courts may be less willing to enforce broad protective covenants that restrict former employees from accepting new job opportunities.Now is the time for employers to take a hard look at their protective covenants and make sure that they are only Continue Reading
Talent Deals and the Impact of a Pandemic: Rethinking Force Majeure
The Bottom Line The coronavirus pandemic (COVID-19) has affected nearly every facet of daily life, and has taken a heavy toll on countless industries. The advertising industry, which relies heavily on the personal services of actors, performers and other talent, is no exception. As the first Continue Reading