The Bottom Line Recent OSHA guidance now requires employers in certain industries to document COVID-19 cases in the workplace that are considered to be “work-related.” To determine this, employers must engage in a three-step analysis that requires close attention to other instances of COVID-19 at Continue Reading
The FDA Sends Over 60 Warning Letters to Companies for Falsely Marketing “COVID-19 Products”
The Bottom Line Marketers and affiliate marketers of supplements, oils and similar products regulated by the FDA must be extremely cautious about referring to COVID-19 or its symptoms in marketing communications about such products. Statements that might otherwise be acceptable will likely be Continue Reading
Non-Prime Times | Lessons Learned in RMBS Litigation Will Steer Sub-prime Auto Litigation
Law360 | Reopened NY Courts Change COVID-19 Eviction Landscape
Rewards and Risks for Distressed Strategic Middle Market M&A
The Bottom Line Buyers acquiring distressed assets should remain mindful of transactional risks unique in distressed contexts. Such buyers should not rely solely on typical M&A risk mitigation tactics in structuring and negotiating a deal, and instead should consider the ways that they can Continue Reading
New York State Court Reopening Changes Landlord-Tenant COVID-19 Landscape
The Bottom Line Now that the New York State Courts are open for business, landlords have more flexibility in the type of default notices that they can send and they can start taking steps toward lease termination. Similarly, even during the eviction moratorium period, tenants must view any Continue Reading
IRS Provides Cafeteria Plans with Flexibility Due To COVID-19
The Bottom Line The IRS is allowing employers to amend their cafeteria plans for the 2020 tax year to permit employees to make new employee benefit elections with respect to their healthcare coverage, health FSAs and dependent care FSAs. Employers should work closely with their ERISA counsel to Continue Reading
Competing Bipartisan COVID-19 Privacy Bills to Be Introduced
The Bottom Line With pressures mounting to find new ways to fight the coronavirus and responsibly ease social distancing restrictions, the use of mobile and geolocation technologies may be key in this fight. Therefore, both The COVID-19 Consumer Data Protection Act and Continue Reading
Latest Guidance on Paycheck Protection Program Loan Forgiveness
The Bottom Line The SBA released long awaited guidance on calculating PPP loan forgiveness and the related steps involved in the forgiveness application process. While the guidance does not answer every question, after reviewing the new guidance, borrowers will be in a much better position to make 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