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
The Importance of Including Social Distancing in Marketing Campaigns
The Bottom Line Even after the coronavirus crisis has subsided, social distancing will have left its mark, most notably on the advertisements we watch on TV and see on the Internet. Can anyone honestly say they could watch Coca-Cola’s iconic “Hilltop” commercial now without urging the singers Continue Reading
The Paycheck Protection Program “Necessity Certification” — The Review, Safe Harbor and Potential Penalties
The Bottom Line On May 13, 2020 the Small Business Administration (the SBA) updated its guidance related to the “Necessity Certification” required to be made in connection with a Paycheck Protection Program (PPP) loan application. The Necessity Certification requires that each applicant Continue Reading
Is Change Finally Bruin’ or is it a Trojan Horse? NCAA Takes Action on Name, Image and Likeness Rights
The Bottom Line In a process that began with lawsuits led by current and former players, including former UCLA forward Ed O’Bannon, the National Collegiate Athletic Association (NCAA) announced on April 29 its recommendations for approving a framework which allows college athletes to earn money Continue Reading
Retirement Plans: Regulators Provide Relief from Certain ERISA Requirements During the COVID-19 Crisis
The Bottom Line The Notice provides valuable relief from the DOL’s enforcement of certain requirements under Title I of ERISA. However, the Notice does not affect a participant or beneficiary’s enforcement rights under ERISA.Much of the relief provides that enforcement actions will generally not be Continue Reading