Coronavirus Flash Update: July 27, 2020

Alston & Bird’s Coronavirus Flash provides updates on policy and regulatory actions under consideration across many important industries being monitored by our teams. Links to key government and legal resources are provided throughout the report.

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UPDATED 9:00 AM ET ON MONDAY, JULY 27, 2020

The Latest News

• U.S. COVID-19 cases exceed 4,217,798 and 143,997 U.S. deaths. (Source: CDC) (Updated 7/27/20)
• U.S. stock market: On Friday the major benchmarks all posted losses for the day, with the Dow dropping 182 points, the S&P 500 falling 20 points, and the Nasdaq giving up 98 points. (New)
• HHS Secretary Alex Azar signed a renewal of the COVID-19 national public health emergency declaration, extending it for another 90 days through October 23. This is the second extension on the public health emergency initially declared on January 31, 2020. The 1135 waivers and other policy flexibilities will also be extended for the duration of the COVID-19 public health emergency. (7/23/20) (New)
• The Administration’s focus on school re-opening was fully unveiled last Thursday with new, and in some instances updated, guidance from the CDC for school administrators and parents. The information included guidance for reopening schools and a resource website:
• The Importance of Reopening America’s Schools (7/23/20) (New)
• School Decision-Making Tool for Parents (7/23/20) (New)
• Guidance for K-12 School Administrators on the Use of Cloth Face Coverings in Schools (7/23/20) (New)
• Screening K-12 Students for Symptoms of COVID-19: Limitations and Considerations (7/23/20) (New)
• Back to School Planning: Checklists to Guide Parents, Guardians, and Caregivers (7/23/20) (New)
• FAQs for School Administrators on Reopening Schools (7/24/20) (New)

COVID-19 Federal Legislation   

• Bill 4.0: Senate Majority Leader Mitch McConnell’s release of Senate GOP emergency relief package missed its target for release last week as the Administration and Republican leaders tried to reach agreement among themselves. The White House dropped their push for a payroll tax cut and less dollars for State COVID-19 testing and they appear closer to a consensus on unemployment insurance benefits among other items with the Senate GOP. Once an agreement between the President and Senate Majority Leader McConnell is reached, the negotiations begin with the House Democratic leaders. Both chambers are scheduled to be out for much of the traditional August recess, and both parties have their “virtual” Presidential nominating conventions later this month resulting in growing speculation on whether stimulus 4.0 could be completed before September. However, the leaders of both bodies recognize the need to enact something as the pandemic continues to surge. House Speaker Nancy Pelosi reflected one area of agreement during a Sunday news program interview when asked whether the House would stay in session through August to work on the relief package stating, “We can’t go home without it.” (New)
• The HEROES Act was the first formal offer on a new emergency stimulus bill, 4.0: For the full details on the HEROES Act, H.R. 6800, which passed the House on May 15:
  • The HEROES Act text is available here.
  • A 1-pager and 71 page section-by-section summary are available here.
  • And an outline of the state and local funding provisions is here.
• The Paycheck Protection Flexibility Act, H.R. 7010, was enacted on June 5. To learn more, see this A&B Summary of the Paycheck Protection Flexibility Act. (6/5/20)
• Bill 3.5: Paycheck Protection Program and Health Care Enhancement Act, (R. 266) was enacted on April 24. Also available are a section-by-section summary and an overview of the health care provisions.
• A&B detailed summaries are below:
  • A&B Summary – 5 Small Business Provisions
  • A&B Summary – 5 Health Care Enhancement Provisions
• Bill 3.0: Coronavirus Aid, Relief, and Economic Security (CARES) Act, (R. 748) passed on March 27. A congressional section by section summary is available here.
• Congress has passed three coronavirus emergency response bills and the first two are below:
• Bill 1.0: Coronavirus Preparedness and Response Supplemental (CPPRS) (R. 6074) passed on March 5
• Bill 2.0: Families First Coronavirus Response Act (FFCRA) (R. 6201) passed on March 18

Transition to “Reopening”   

• Administration Actions
• The Administration released a set of guidance targeting the reopening schools and a resource website:
  • The Importance of Reopening America’s Schools (7/23/20) (New)
  • School Decision-Making Tool for Parents (7/23/20) (New)
  • Guidance for K-12 School Administrators on the Use of Cloth Face Coverings in Schools (7/23/20) (New)
  • Screening K-12 Students for Symptoms of COVID-19: Limitations and Considerations (7/23/20) (New)
  • Back to School Planning: Checklists to Guide Parents, Guardians, and Caregivers (7/23/20) (New)
  • FAQs for School Administrators on Reopening Schools (7/24/20) (New)
  • The Environmental Protection Agency (EPA) updated information on COVID-19 disinfectants. 7/23/20) (New)
  • The CDC updated or released guidance for reopening:
  • Funeral Guidance (7/26/20) (New)
  • Childcare and Youth Programs (7/24/20) (New)
  • Communities, Schools, Workplaces (7/24/20) (New)
  • Child Care Programs which remain open (7/23/20) (New)
  • Personal and Social Activities during COVID-19 (7/23/20) (New)
  • Poster on Knowing the Symptoms of COVID-19 (7/23/20) (New)
  • Considerations for Administrators of Retirement and Independent Living Facilities (7/23/20) (New)
  • Businesses and Workplaces (Updated 7/22/20)
  • Rural Communities (7/21/20) (New)
  • Cruise Ship No Sail Guidance Extended to September 2020 (7/16/20) (New)
• State/Other Actions
  • For the latest information on state reopening decisions, see A&B 50-State Reopening tracker - updated in each A&B Coronavirus Flash. (Updated 7/23/20)
• Business News
• A&B evaluates the how general counsels can assess employees inside threat risk during a pandemic in this article for Law360. (7/23/20) (New)

Department of Health and Human Services   

• HHS has a tracking feature that allows public viewing of all COVID-19 HHS grants and cooperative agreement awards on its website. The grants were distributed through programs in the ACF, ACL, ASPR, CDC, DHHS/OS, HRSA, IHS, NIH, and SAMHSA. (Updated 7/22/20)
• HHS has created a new public data website as a COVID-19 Resource. (7/26/20) (New)
• HHS announced a national COVID-19 testing implementation forum to seek input from national stakeholder organizations and to improve the communication between private sector organizations and federal officials. (7/21/20) (New)
• HHS and the Department of Defense announced:
• Joint agreement with Hologic Inc. to expand production of COVID-19 Custom Sample Testing Collection. (7/26/20) (New)
• Joint agreement with Pfizer Inc. for large scale production and nationwide delivery of 100 million doses of a COVID-19 vaccine. (7/22/20) (New)
• The HHS Office of Civil Rights (OCR) issued guidance on civil rights protections prohibiting race, color, and national origin discrimination during COVID-19. (7/21/20) (New)
• The HHS OCR reached resolution on religious discrimination complaint, which resulted in the Maryland Hospital System patient receiving religious visitations during COVID-19. (7/21/20) (New)
• The HHS OCR reached resolution with Staten Island University Hospital regarding a student’s religious needs and ability to keep a beard. (7/21/20) (New)

HHS/CDC/CMS/HRSA CARES Act Provider Relief Funds   

• HHS - the CARES Act Provider Relief Fund (PRF) webpage (Updated 7/17/20)
• And the PRF FAQs (Updated 7/23/20) have been updated and capture numerous modifications.
• Released Notice of Reporting Requirements (7/20/20) (New)
  • More details will be available by August 17, 2020
  • The reporting system will open October 1, 2020
  • All recipients required to report on expenditures through 12/31/2020 no later than 45 days after the end of calendar year 2020
  • Recipients with unexpended funds as of December 31, 2020, will have to submit “a second and final report” no later than July 31, 2021
• HHS announced its portal for Medicaid/CHIP was open to eligible providers and dental portal was also open. Both are open until August 3. For technical assistance, individuals can register for the webinar on July 27, 2020 at 3:00pm ET. (New)
• HHS announced Provider Relief Fund reporting requirements for any recipients receiving payments more than $10,000. (7/20/20) (New)
• HHS announced $10 billion in a second round of Provider Relief Fund aid to high impact COVID-19 hospitals. (7/17/20)
• State-by-State Breakdown (Updated 7/20/20)
• The CDC has posted an updated dataset of provider recipient specific payment from the Provider Relief Fund general distribution high impact targeted allocation and/or rural targeted allocation. The dataset includes who has attested to receiving one or more payments and agreed to the terms and conditions as of July 23. (Updated 7/23/20)
• A&B Hospital Provisions from all 4 bills tracker (Updated 7/26/20)
• A&B Provider Relief Fund Disbursements tracker (Updated 7/26/20)

Centers for Disease Control and Prevention   

• The Centers for Disease Control and Prevention (CDC) COVIDView Weekly Summary is available. (Updated 7/24/20)
• The CDC weekly COVID forecast. (Updated 7/23/20)
• The CDC S. testing data. (Updated 7/26/20)
• The CDC FAQs on testing for SARS-CoV-2. (Updated 7/24/20)
• CDC webpage for all COVID-19 toolkits, videos, print resources, PSAs, FAQs and web resources. (Updated 7/21/20)
• CDC updated its FAQs for laboratories. (Updated 7/23/20)
• CDC electronic laboratory reporting map (Updated 7/26/20)
• The CDC has released new guidance for:
• How to Report Clinical Laboratory Data (7/26/20) (New)
• FAQs Clinical Questions about COVID-19 (7/26/20) (New)
• Test for Current Infection (Updated 7/23/20)
• Tracking COVID-19 During Pregnancy (7/23/20) (New)
• Contact Tracing Resources (7/22/20) (New)
• Duration of Isolation for Adults with COVID-19 (Updated 7/22/20)
• Information for Health Professionals (Updated 7/22/20)
• Testing Guidelines for Nursing Homes (Updated 7/21/20)
• N95 filtering face piece respirator stockpile release decisions (7/21/20) (New)

Centers for Medicare & Medicaid Services   

• The Centers for Medicare and Medicaid Services (CMS) latest news alerts. (Updated 7/23/20)
• For the latest COVID-19 related CMS guidance and FAQs visit the CMS Current Emergencies webpage. (Updated 7/24/20)
• CMS Nursing Home data webpage lists the most recent weekly nursing home submissions, including state specific breakdowns. (7/23/20) (New)
• CMS announced several nursing home initiatives including (7/22/20) (New):
  • New Funding for Nursing Homes:
    • $5 billion PRF distribution (in addition to prior nursing home distribution).
    • Nursing homes must participate in the Nursing Home COVID-19 Training (described below) to be eligible.
  • Enhanced Testing
    • CMS is requiring all nursing homes in states with a 5% positivity rate or greater to test all nursing home staff each week.
    • More than 15,000 testing devices will be deployed to support this.
    • PRF funds can be used to pay for additional testing of visitors.
  • Additional Technical Assistance & Support
    • In partnership with CDC, CMS is rolling out an online, self-paced, on-demand Nursing Home COVID-19 Training focused on infection control and best practices.
    • This training is a requirement for nursing homes to receive the new PRF funding.
    • The training will be available to all 15,400 nursing homes nationwide, along with specialized technical assistance to nursing homes that have infection prevention deficiencies in their most recent CMS inspection and had recent COVID-19 cases.
  • Weekly Data on High Risk Nursing Homes
    • CMS will release a list of nursing homes with an increase in cases that will be sent to states each week as part of the weekly Governor’s report.
  • FAQs on COVID-19 Medicare Provider Enrollment Relief (7/22/20) (New)

Food and Drug Administration   

• FDA provides a daily roundup on COVID-19 related actions. (Updated 7/24/20)
  • FDA updated its FAQs on Testing for SARS-CoV-2 relating to the development and performance of tests for SARS-CoV-2. (Updated 7/24/20)
  • FDA maintains its COVID-19 FAQs for the general public. (Updated 7/24/20)
  • FDA webpage for health professionals. (Updated 7/16/20)
  • The agency also maintains a public database of drug shortages. (Updated 7/24/20)
  • FDA webpage on Coronavirus Treatment Acceleration Program (CTAP) (Updated 7/14/20)
• The FDA has updated its testing supply substitution strategies slide show. (7/22/20) (New)
• The FDA released a brief on Findings from Real-World Data Study Reveal Higher Risk of Hospitalization and death Among Cancer patients with COVID-19. (7/22/20) (New)
• The FDA and FTC issues a joint warning letter to 21st Century LaserMed Pain & Regenerative Medicine Institute for offering unapproved treatments and diagnosis of COVID-19. (7/21/20) (New)
• The FDA issued new emergency use authorizations (EUA) for:
• Boston Heart Diagnostics (7/16/20) (New)
• Luminex Corporation (7/16/20) (New)

Small Business Administration   

• The President signed into law 4116 which reauthorizes the Paycheck Protection Program (PPP) through August 8. (7/4/20)
• The SBA Paycheck Protection Program (PPP):
• The SBA updated several of its PPP documents:
  • Lender Application Form for Federal Insured Depository Institutions (7/20/20) (New)
  • Lender Application Form for Non-Bank and Non-Insured Depository Institution Lenders (7/20/20) (New)
  • Procedures for Lender Submission of PPP Loan Forgiveness (7/23/20) (New)

Other Federal Agencies

• S. Department of Agriculture (USDA): USDA announced a third round of Farmers to Families Food Box Purchases for distribution in September and October. (7/24/20) (New)
• The USDA provides an update on the Tyson Beef Plan Closure and COVID-19 Pandemic investigation. (7/22/20) (New)
• USDA announced $15 million in funding for socially disadvantaged and veteran farmers and ranchers. (7/21/20) (New)
• Federal Emergency Management Administration: FEMA released best practices for reconstitution operations during the pandemic. (7/21/20) (New)
• Federal Trade Commission: On July 21, the FTC Consumer Protection Bureau Director, Andrew Smith, testified before the Senate Commerce Committee Subcommittee on Manufacturing, Trade, and Consumer Protection. He testified that the FTC has been monitoring the marketplace for a variety of scams related to the COVID-19 pandemic and has documented over 131,000 consumer complaints. In response to COVID-19 and the uptick of fraud, the FTC issued more than 250 warning letters, some with other agencies. Smith testified that the FTC is also working to protect small businesses that sought out relief and programs through the Paycheck Protection Program (“PPP”) or other programs authorized by the CARES Act. Finally, Smith concluded that the FTC has a multi-media campaign complete with a website that provides consumer and business alerts, law enforcement actions, consumer report data, and other details about the FTC’s efforts to combat COVID-19-related scams and to educate consumers. (7/21/20) (New)
• The Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) has cited the Ohio nursing home company OHNH EMP LLC for violating respiratory protection standards following an inspection following a report from seven employees. (7/21/20) (New)
• The DOL announced a series of July webinars on COVID-19 related sick leave for employers. The first one is on July 28, 1:00pm – 3:00pm ET. (6/29/20)
• The Department of Justice issued a business review letter to Monoclonal Antibody Manufacturers to expedite the production of COVID-19 Mab Treatments. (7/23/20) (New)
• The Department of Justice charged a Washington tech executive with fraudulently seeking over $5.5 million PPP loans. (7/23/20) (New)
• The Department of Transportation (DOT) announced an Opportunity Zone program webinar for Wednesday, July 29 at 2:00pm ET. (7/24/20) (New)
• The Department of Transportation announced a CARES Act airline service exemption for United Airlines. (7/21/20) (New)

For background and the most up-to-date information, please visit the Centers for Disease Control and Prevention Coronavirus Disease 2019 website: HERE. The additional federal agency links are provided by the White House Coronavirus Task Force:   What You Should Know:

• How to Protect Yourself & Others
• What to Do If You Are Sick with COVID-19
• Symptoms
• Facts about COVID-19
• Guidance Documents

Information for Businesses:

• Information for Communities, Schools, and Businesses
• Workplaces during the COVID-19 Pandemic
• Cleaning and Disinfecting Your Facility
• Worker Safety and Support
• COVID-19 Critical Infrastructure Sector Response Planning
• General Business Frequently Asked Questions
• Information for Small Businesses
• SBA: COVID-19 Resources
• Treasury: Assistance for Small Businesses
• DOL: Guidance for Preparing Workplaces for Coronavirus
• DOL: COVID-19 and the American Workplace
• DOL: OHSA Resources for Workers and Employers on COVID-19
• WHO: Get Your Workplace Ready for COVID-19
• CISA: Risk Management for COVID-19
• CISA: Telework Guidance and Resources
• CISA: Guidance on the Essential Critical Infrastructure Workforce

Information for Travel and Transportation:

• Information for Travel
• Travel in the United States
• Public Health Considerations for Reopening Mass Transit During the Covid-19 Pandemic
• COVID-19 Travel Recommendations by Country
• Travel Restrictions to Prevent the Spread of Disease
• Airline Guidance
• Cargo Ship Guidance
• Maritime Resources
• Returning from International Travel
• Travelers Returning from Cruise Ship and River Cruise Voyages
• Travel: Frequently Asked Questions and Answers
• Travelers Prohibited from Entry to the United States
• Communication Resources for Travelers
• State: Travel Advisories
• State: Traveler’s Checklist
• State: Smart Traveler Enrollment Program
• DOT: FAQs from FTA Grantees Regarding COVID-19
• DOT: Expanded Emergency Declaration
• FAA: Guidance for Air Carriers and Crews

Alston & Bird Coronavirus Links

• Alston & Bird Coronavirus Response & Relief Web page
• To Subscribe to Alston & Bird Advisories
• For Alston & Bird COVID-19 Insights and Events
• Previous Alston & Bird Coronavirus Advisories (not included in the above)
• July 9
  • “COVID-19 Will Have Lasting Impact on Construction Contracts,” Law360
• July 6
  • Finance Advisory: COVID-19 Update - What Your Business Needs to Know About the Corporate Governance and Insolvency Act of 2020
• July 2
  • Environment, Land Use & Natural Resources Advisory: EPA Modifies Guidance for Compliance During the COVID-19 Pandemic
• July 1
  • “What COVID-19 Means for the Future of Health Mergers,” Law360
• June 30
  • Securities Law Advisory: When In Doubt, SEC Wants You to Consider COVID-19 Disclosures
• June 15
  • International Tax Advisory: Who Says You Can’t Go Home? IRS Sends Care Package to Those Away From Home Due to COVID-19
• June 8
  • Into the Unknown: Employee Retention Credits Remain Murky
• June 5
  • Environmental, Land Use & Natural Resources Advisory: President Issues Executive Order on Expediting Infrastructure Investments
  • What’s in Store: A&B Review of the Challenges for Retailers During COVID-19
• June 3
  • Grand Reopening: Guidelines for Resuming Business Operations in California Amid COVID-19
• June 1
  • Federal Tax Advisory: Disaster Losses
• May 29
  • Environment, Land Use & Natural Resources Advisory: Emergency Rule 9 Amendment Provides Deadlines for Statutes of Limitations
• May 22
  • A&B Environment and Land Use Briefing: COVID-19 Articles Included
• May 21
  • Prescribing Paid Sick Leave -- An Important Tool for Primary Care During the Pandemic: JAMA Health Forum
• May 18
  • International Tax Advisory: Proposed Treasury Regulations Clarify UBTI “Silo” Rule
  • Financial Services Litigation / Financial Services & Products Advisory: CFPB Reflects on the Impact of COVID-19 and Provides a Window into Future Enforcement
• May 15
  • A&B Investment Management Updates, including items reflecting the impact of the coronavirus pandemic.
• May 12
  • Finance Advisory: Ginnie Mae Extends PTAP/C19 Assistance to Multifamily MBS Program
  • A&B Guide to Telehealth Waivers and Regulatory Flexibilities
  • The Digital Download -- Alston & Bird’s Privacy & Data Security Newsletter
• May 8
  • Finance Advisory: ESG During the Coronavirus Crisis -- Should You Care?
  • Health Care / Privacy & Data Security Advisory: Expansive Interoperability and Data-Sharing Requirements Require Attention Despite Delays in Enforcement
  • Financial Restructuring & Reorganization Advisory: Delaware Courts Leery of Shareholder Obstruction
• May 6
  • Finance Advisory: Federal Reserve Revises Main Street Lending Program, Adds Third Option
• May 5
  • Finance Advisory: Brexit and Its Potential Impact on Cross-Border Litigation Throughout Europe
  • Investment Management Advisory: Update on Relief Under the CARES Act for Fund Managers
• May 4
  • Food, Drug & Device/FDA Advisory: Examining the Drug Supply Chain -- How the Public Health Emergency Impacts DSCSA
• April 30
  • College & Universities Advisory: Schools Face Class Action as Parents and Students Sue for Refunds
  • White Collar Government & Internal Investigations Advisory: New PPP Funding Ups Ante for Compliance Failure--Audits on the Horizon
• April 29
  • Health Care / Health Care Litigation Advisory: COVID-19 A Tipping Point for Telehealth Expansion
• April 28
  • Labor & Employment Advisory: The New Executive Order Suspends Entry of Immigrant Visa Applicants into the U.S. for 60 days
• April 24
  • Commercial Litigation Advisory: COVID-19 Impacts on Statutes of Limitations
• April 23
  • International Trade & Regulatory Advisory: FEMA Issues Guidance on Exemptions for Critical PPE Export Restrictions
• April 22
  • Labor & Employment Advisory: Developing a Plan to Bring Your Employees Back to Work
• April 21
  • Financial Advisory: Forbearance Agreements in the age of COVID-19 and National Shelter-in-Place Orders
  • Antitrust / Mergers & Acquisitions / International Trade & Regulatory Advisory: COVID-19 Affect European Foreign Direct Investment Reviews: New EU Guidance Potentially Heralds Increased Protectionism
• April 20
  • Financial Advisory: FHFA Limits Servicer Advancing Obligations for Loans in COVID-19 Forbearance
• April 17
  • “INSIGHT: Businesses Better Brace for Post-Coronavirus Lawsuits” Bloomberg Law
  • Antitrust / Labor & Employment Advisory: Federal Antitrust Agencies Remind Businesses That Colluding on Labor Issues Remains Illegal During Pandemic
  • Labor & Employment / Health Care / Corporate & Finance Advisory: Ramping Up: What Does Restarting Look Like?
• April 16
  • International Tax Advisory: Risky Business - Allocating Losses When Your Supply Chain Is Disrupted
  • Finance Advisory: Ginnie Mae Expands Pass-Through Assistance Program to Finance Servicing Advances in Response to COVID-19
• April 15
  • “Force Majeure Clauses in the Face of COVID-19: Commercial Leasing Guidance (CA),” Lexis Practice Advisor
  • Federal Tax Advisory: IRS Issues COVID-19 Forbearance Guidance for REMICs and Investment Trusts
• April 14
  • Investment Advisory: Federal Reserve Announces Main Street Lending Program to Provide Liquidity to Small & Mid-Size Businesses
  • Investment Management Advisory: Relief Under the CARES Act for Fund Managers
• April 13
  • “As Pandemic Triggers Continuity Plans, What RIAs and BDs Should Ask Themselves,” Financial Planning
  • FDA & Environment Advisory: Cleaning Up After COVID-19? What You Need to Know Before You Manufacture, Import, or Sell Sterilizers, Sanitizers, Purifiers, and Disinfectants
  • Securities Law Advisory: SEC Reminds Companies to Keep Their Disclosures Looking Forward
• April 10
  • Securities Law Advisory: ISS Offers COVID-19-Conscious Policy Guidance
• April 9
  • Federal Tax Advisory: IRS Provides Partnerships a Mechanism to Claim Benefit of Retroactive CARES Act Provisions
  • Financial Services Advisory: Agencies Update Their Interagency Statement on Reporting Loan Modifications
  • Early Securities Class Actions Highlight COVID-19 Litigation Risk (Law360)
  • FDA Compliance & Enforcement Advisory: FDA Issues New Guidance on Supply-Chain Disruption Notifications During COVID-19 Emergency
  • Financial Restructuring & Reorganization Advisory: Protecting Recoveries in a Pandemic: What Creditors Can Do Right Now
• April 7
  • Updated FAQs Regarding Paid Leave Obligations Under the Families First Coronavirus Response Act
  • Cyber Alert: Cybersecurity and COVID-19: Four Categories of Cyber Threats and Practical Tips in Response
• April 6
  • Antirust Advisory: Production and R&D Joint Ventures in a Pandemic: Reducing Antitrust Risk
  • Financial Services Advisory: Regulatory Agencies Issue Mortgage Servicing Guidance and FAQs for the CARES Act
  • White Collar, Government Investigations Advisory: CARES Act Follows Familiar Blueprint for Oversight and Enforcement
• April 3
  • EU State Aid Measures in the Fight Against COVID-19 Pandemic
• April 2
  • USPTO Announces Additional Limited Extensions Due to the COVID-19 Pandemic
  • Deadline for Reg BI and Form CRS Compliance Remains on Track
  • What Does the Coronavirus Mean for Companies and Their Critical Offshore Services?
• April 1
  • Federal Tax Advisory: Downward Stock Attribution for CFC Purposes
  • Hospital EMTALA Obligations Under Recent COVID-19 Waivers
  • CMS Issues Blanket Waivers from Physician Self-Referral Law Sanctions
• March 31
  • Additional Families First Coronavirus Response Act Paid Leave FAQs for Employers
  • SEC Extends Timeframe for Regulatory Relief for Investment Advisers and Investment Companies
  • Responsibility for Construction Site Safety in a Coronavirus World
• March 30
  • Keep Mystery to a Minimum in Your SEC COVID-19 Disclosures
  • How the CARES Act Will Affect Banking During the Coronavirus Emergency
  • Economy in Chaos: Is Bankruptcy Inevitable for My Business?
  • CMS Announces Expansion of Medicare’s Accelerated and Advance Payment Program
• March 27
  • Utilization of Electronic Signatures and Records: What You Need to Know
  • SEC Extends Conditional Filing Relief to Companies Affected by COVID-19
  • COVID-19: What It May Mean for Landlords and Lenders Under Their CRE Facility Agreements
  • Congress Further Expands Medicare Telehealth Benefits with the CARES Act
• March 26
  • USTR to Consider Additional Tariff Exclusions Due to COVID-19 Pandemic
  • COVID-19 and Price Gouging
  • SEC Continues to Keenly Monitor Insider Trading During COVID-19 Pandemic
• March 25
  • Is the COVID-19 Outbreak an “Act of God”? Why It May Matter for Your Contracts
  • FDA and USDA Food Safety Response to COVID-19 & DHS “Critical Infrastructure” Classification of Food and Agriculture Sector
  • Does Your Force Majeure Provision Extend to the Coronavirus?
  • Competition Authorities Across Europe Relax Competition Law Enforcement During COVID-19 Outbreak
  • COVID-19 Impacts Antitrust Deal Reviews: New Procedures and Delays
• March 24
  • Health Care Providers with Exposure to COVID-19: What You Need to Know
  • Regulators Further Clarify Guidance Regarding Loan Modifications and Reporting
  • Avoiding Antitrust Risk as Industries Respond to the Coronavirus: Businesses Look to Collaborate & Federal Government Offers Expedited Avenues
• March 23
  • FDA Continues to Accelerate Availability of COVID-19 Tests
  • CFTC Issues No-Action Letter Offering Regulatory Relief for CPOs
  • Building a Case for Force Majeure in Construction Contracts
• March 20
  • Employee Benefits & Executive Compensation Advisory: Coronavirus Impact on Health Benefits: A Deeper Dive
  • FDA Compliance & Enforcement Advisory: FDA Temporarily Postpones Routine Domestic Inspections
• March 19
  • Antitrust / Mergers & Acquisitions Advisory: COVID-19 Impacts Antitrust Deal Reviews: New Procedures and Delays
  • Construction Advisory: Five Best Practices for Construction Industry Stakeholders During the Coronavirus Pandemic
  • Labor & Employment Advisory: Employee Leave Requirements Under the Families First Coronavirus Response Act
  • Labor & Employment / Health Care Advisory: Coronavirus (COVID-19) FAQs for Employers
• March 18
  • Cyber Alert: Six Practical Tips for Practicing Cyberhygiene in the Middle of a Global Pandemic
  • Advisory: Are You an “Essential Business” in California Counties Where Shelter-in-Place Order Have Been Issued?
• March 17
  • Finance Advisory: Coronavirus and Securitization: Disclosure and Diligence Issues
• March 16
  • Securities Law Advisory: SEC Provides Guidance on the Possible Impacts of COVID-19 on Annual Meetings
  • Health Care / Cybersecurity Preparedness & Response Advisory: COVID-19 and HIPAA: Privacy, Security, and Breach Response During a Global Pandemic
• March 13
  • Financial Services & Products Advisory: FINRA Guidance: COVID-19 and Business Continuity Planning
  • Food, Drug & Device/FDA Advisory: FDA Seeks Help to Solve Personal Protective Equipment Shortages
  • Securities Litigation Advisory: Securities Litigation Risk Arising Out of the Coronavirus Pandemic  
• March 12
  • FDA Compliance & Enforcement Advisory: FDA Postpones Foreign Inspections Through April 2020: Considerations for Industry
• March 10
  • Labor & Employment / Health Care Advisory: Coronavirus, Employers, and Domestic Travel: A Complicated Business Decision
• March 6
  • Securities Law Advisory: SEC Provides Conditional Relief to Companies Affected by COVID-19
• March 5
  • Health Care Advisory: Congress Expands Medicare Telehealth Benefit Amid Coronavirus Concerns
• February 28
  • Labor & Employment / Health Care Advisory: The Coronavirus: Employer and Workplace Considerations