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
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