Latest News and Analysis

• William P. Heller, Chair of Akerman’s Consumer Financial Services Practice Group and Coronavirus Task Force, Appointed JFI Medical’s Chief Legal Advisor
• Interactive Map: State and Federal Civil Courts News, Accessibility, and Closures
• Interactive Map: State Consumer Financial Regulatory Updates
• Interactive Map: Bankruptcy Court News, Accessibility, and Closures
• CFPB Provides Additional COVID-19 Guidance Regarding Remittance Transfers
• FHFA Again Extends Eviction and Foreclosure Moratorium
• CFPB and CSBS Provide Additional Guidance Regarding CARES Act Mortgage Forbearance
• CFPB Issues Statement on Flexible Approach to Electronic Credit Card Disclosures
• FHFA Extends Eviction and Foreclosure Moratorium
• CFPB Announces Supervisory and Enforcement Flexibility Regarding Billing Errors During COVID-19
• CFPB Issues FAQs Regarding Credit Cards, Prepaid, and Deposit Accounts
• Fannie Mae and Freddie Mac Announce New COVID-19 Payment Deferral Option
• CFPB Issues Guidance on ECOA and SBA PPP Loan Applications
• Regulation Z, COVID-19, and Bona Fide Personal Financial Emergency Waivers
• Updated: Mortgage Servicing: Joint Statement on the CARES Act and COVID-19
• FHFA Limits Mortgage Servicer Forbearance Advances to Four Months
• Federal Banking Agencies Defer Appraisals and Evaluations for Real Estate Transactions
• Updated: Regulatory Guidance for Banks, Lenders, and Licensed Mortgage Originators Regarding Coronavirus
• Current Summary of States Permitting Remote Notarization
• CFPB Excludes Pandemic Relief Payments from Regulation E’s Compulsory Use Prohibition
• Ginnie Mae Unveils New Pass-Through Assistance Program
• CFPB Announces “Flexible” Approach to the Expiration of the Remittance Rule’s Temporary Exception
• FinCEN’s COVID-19 Update to Financial Institutions
• Florida Governor Issues Executive Order Restricting Foreclosures and Evictions in Florida for the Next 45 Days
• CFPB Issues Credit Reporting Guidance During COVID-19 Pandemic
• GSE COVID-19 Guidance for Sellers and Servicers
• FHFA / HUD / State Foreclosure Suspensions and Related Emergency Orders
• Summary of Key Consumer Finance Provisions in the CARES Act
• Federal Agencies Issue Joint Statement Encouraging Responsible Small-Dollar Lending
• CFPB COVID-19 Policy Statements
• Foreclosure Holds Impacting Statute of Limitations
• Florida Allows Remote Oath Administration for Testimony
• New York Relaxes RON Process During Coronavirus Crisis
• Remote Online Notarization: Possible Solution for Distance Document Execution

Legal Issues Impacting Our Clients

• Mitigating coronavirus based consumer defaults
• Repayment plans and related assistance to coronavirus impacted consumers
• Tracking best practices, court and regulatory requirements for forbearance or stays of foreclosure or evictions
• State, federal, and bankruptcy court reactions, including new safety protocols and scheduling changes, appearance procedures and cancellations
• Proposed motion language for individual and volume litigation relief, including remote appearances, bench rulings and continuances
• Jurisdiction-specific best practices for appearances via alternate means, including telephonic and video conferencing
• Navigating vendor supply chain issues affecting loan servicing timelines
• Applicability of force majeure clauses for vendor and system-related operations
• Managing data privacy and data security requirements for employees working from home and other distance-working arrangements
• Impact on licensing requirements when licensed activities occur remotely rather than a licensee’s place of business
• Other workforce disruptions affecting consumer customers
• Addressing form and timing of mandatory disclosure deliveries
• Recordkeeping and accessing documents and other information necessary to conduct error resolution investigations
• Document execution and notarization in remote environment
• How to manage ongoing or upcoming regulatory examinations

Latest News and Analysis

• PPP Ineligible Business Types: Constantly Changing Guidelines Leave Many Small Businesses Confused
• Paycheck Protection Program Flexibility Act of 2020: Forgiveness Flexibility
• How to Protect Boards From COVID-19 Governance Risk
• Corporate Responsibility: Board’s Role in COVID-19 Risk Management
• Reviewing PPP Loan Application Certifications in Light of Additional SBA Guidance

• Employee Retirement Plans: Cost-Saving Measures and Increasing Employee Monetary Access During COVID-19

• Main Street Lending Program Offers Additional Relief to Small and Mid-Size Businesses Under the CARES Act
• COVID-19 Impact on the Investment Management Industry
• CARES Act Relief for Individuals
• The CARES Act: Considerations for Mid and Large-sized Companies

• The CARES Act Expands Access to SBA Loan Programs

• Considering MAE Provisions in M&A Agreements in Light of Coronavirus
• SEC Enforcement Division Issues Warnings Regarding Market Integrity and Preventing Insider Trading
• Staff Guidance for Conducting Annual Meetings in Light of COVID-19 Concerns
• SEC Provides Exemptive Relief to Registrants Affected by COVID-19 

Legal Issues Impacting Our Clients

• Corporate governance, transactions, capital markets, debt and equity issuances:
  • Planning for deal certainty, and evaluating contractual non-compliance and remedies (e.g., force majeure, specific performance, material adverse effect, impracticability, impossibility, frustration of purpose and limitation of liability).
  • Evaluating compliance with credit facilities and other financial instruments, and negotiating any necessary waivers or other changes.
  • Evaluating alternate sources of liquidity.
  • Evaluating regulatory compliance, including SEC and state securities regulators, FINRA and other federal and state agencies.
  • Evaluating annual meeting considerations and disclosure requirements.
  • Proactively engaging with stockholders, lenders, and others in a manner consistent with applicable public disclosure and financial reporting obligations.
  • Addressing business continuity, succession, physical and data security, work-from-home, and other relevant plans.
  • Evaluating appropriate modifications to business interruption, D&O, EPLI, property and casualty, workers’ compensation, and other forms of insurance.
    
  • Advising boards on corporate governance, fiduciary duties, and mitigating risk.

Latest News and Analysis

• U.S. Agencies Issue Additional COVID-19 Relief and Guidance for Employee Benefit Plans
• Leave Sharing Programs – Returning to Work in the Age of COVID-19

• Employee Retirement Plans: Cost-Saving Measures and Increasing Employee Monetary Access During COVID-19

• Does Traditional ERISA Fiduciary Liability Insurance Adequately Protect Retirement Plan Sponsors from COVID-Related Cyber Liability? Not Always
• Summary of Key Employee Benefits Provisions Under the CARES Act
• COVID-19 Inquiries and Disclosures in the Workplace
• IRS Issues Helpful Coronavirus-Related Guidance for Employers with High Deductible Health Plans
• Top 10 Employee Benefit Plan-Related Tips for Employers in a Time of Coronavirus

Legal Issues Impacting Our Clients

• Plan deductions during unpaid leaves of absences
• Whether and how emergency hardship distributions may be permitted
• Whether the virus qualifies under company-sponsored disability policies
• Group health plan coverage of costs associated with transportation to specialized facilities

Latest News and Analysis

• Bankruptcy Courts Continue to Accept Equitable Arguments for Deferring Rent Payments During the COVID-19 Pandemic
• Equitable Arguments in Bankruptcy During the COVID-19 Pandemic
  
• Small Business Reorganization Options During the COVID-19 Pandemic
• Short Term Liquidity Solutions Available in Chapter 11
• Current state-by-state summary of bankruptcy court news, accessibility, and closures
• Landlord Tenant Issues in Bankruptcy Amid COVID-19

Legal Issues Impacting Our Clients

• Bankruptcy and restructuring implications in light of coronavirus outbreak
• Available relief and strategies for creditors and distressed businesses
• Specific small business bankruptcy resources
• Distressed M&A
• Out of court workout options and strategies
• Orderly liquidations, assignments for benefit of creditors, and receiverships
• Priority of claims in insolvency proceedings
• Access and available court and judicial remedies
• Industry specific distress concerns
• Fiduciary duties and transfer and distribution concerns with deepening insolvency

Latest News and Analysis

• PPP Ineligible Business Types: Constantly Changing Guidelines Leave Many Small Businesses Confused
• Paycheck Protection Program Flexibility Act of 2020: Forgiveness Flexibility
• Illinois Further Extends Disaster Declaration and Expounds on Its Exit Strategy
• Chicago’s COVID-19 Actions to Suspend License Expirations and Prevent Employer Retaliations
• Outlook for the Next Phase of Coronavirus Mitigation Legislation
• Department of Education Delivers More Than $6 Billion in Emergency Grants
• President Trump Signs Historic CARES Act

Legal Issues Impacting Our Clients

• Federal appropriations
• Small business administration
• State legislative and executive lobbying
• Local government advocacy
• Higher education policy, operations, and regulatory compliance
• Collegiate athletics
• Environment and natural resources policy and regulatory compliance
• Energy policy and regulatory compliance
• Healthcare legislative and government affairs
• Transportation and infrastructure policy
• Insurance regulatory compliance
• Travel and tourism policy
• Disability policy
• Foreign government advocacy

Latest News and Analysis

• COVID-19 and Possible Silver Bullets: Update on Vaccine Development

• HHS Issues Guidelines to Address Disturbing Trend of Racial Disparities in COVID-19 Testing and Treatment

• DOJ Antitrust Division Grants Green Light for Pharma Companies Sharing COVID-19 Treatment Drug Production Information

• CARES Act Provider Relief Funds – The Requirements are Taxing

• As COVID-19 Spreads, Florida Pharmacists’ Scope of Practice Expands

• California Legislature Responds to COVID-19 Crisis with Legislation that Would Require State Approval of Healthcare Mergers and Acquisitions

• Limited Stark and Anti-Kickback Sanction Waivers Issued for Provider Payments During the Pandemic

• CMS Issues Additional Waivers and Guidance on Telehealth

• Pharmacy Testing Centers: A Prescription for Fighting COVID-19 in Florida

• New FBI Alert to Healthcare Providers – Beware of COVID-19 Phishing Campaigns

• Buyer Beware – FBI Warns of Fraud Involving Procurement of PPE and Other COVID-19 Supplies

• Accepting CARES Act Relief Funds for Health Care Providers? Tell Your Compliance Department

• Dose of Caution Needed When Making Coronavirus Drug Claims

• Prescribing in Florida During the Pandemic: What is Allowed, What are the Gaps, and How Do We Fill Them?
• Summary of Healthcare Provisions in CARES Act
• Some Things Never Change: EMTALA in the Time of COVID-19

• Cybersecurity Attackers Target Hospitals Amidst COVID-19

• It’s More Than PPE – Infection Control in Different Facility Settings

• California Telehealth Updates in Response to COVID-19

• DOJ Antitrust Division Approves COVID-Related Competitor Collaboration Under Expedited Procedures

• Taking Triage to Trial
• North Carolina Telehealth Updates in Response to COVID-19

• The CARES Act Impacts to Employer-Sponsored Health and Welfare Benefit Plans

• Texas Telemedicine Updates
• COVID-19: Florida Executive Order on Elective Healthcare Services
• Florida Telehealth Updates in Response to COVID-19
• COVID-19 Inquiries and Disclosures in the Workplace
• Illinois Telehealth Updates in Response to COVID-19
• Florida Board of Pharmacy Adopts Emergency Rule Excusing Off-Site Consultant Pharmacists from Conducting Monthly Visits During COVID-19
• Breaking Developments for Telehealth and Teleprescribing in Georgia
• Telehealth and COVID-19: Federal Update
• OCR COVID-19 Updates on HIPAA and Anti-Discrimination Laws
• Managing Your Prescription Drugs During the COVID-19 Pandemic
• IRS Issues Helpful Coronavirus-Related Guidance for Employers with High Deductible Health Plans
• Managing the Healthcare Workplace During the COVID-19 Outbreak
• What Privacy and Security Standards Apply Now in Age of Coronavirus?

Legal Issues Impacting Our Clients

• Data privacy and HIPAA issues in the context of a public health crisis
• Public health policies and procedures regarding infectious diseases, pathology, lab testing, and communication with CDC as well as state departments of public health 
• Hospital policies and procedures regarding management of infectious diseases
• Skilled nursing facilities policies/procedures regarding management of infectious diseases, including transfer issues, access issues
• Home health agencies, durable medical equipment providers, and ambulatory surgery centers’ concerns relative to exposure of employees to potentially infected patients
• Appropriate screening questions for patients

Latest News and Analysis

• Additional CARES Act Higher Education Funding and Clarification on Emergency Student Grants
• Higher Education Braces for Class Action Lawsuits for COVID-19-Related Reimbursements
• Department of Education Delivers More Than $6 Billion in Emergency Grants
• COVID-19: Demands for Partial Refunds for Room, Board, Auxiliary Fees, and Tuition
• The CARES ACT and Higher Education Institutions
• COVID-19: Federal Guidance for Higher Education Institutions
• Higher Education Institutions Navigate Coronavirus Uncertainties
• Higher Education Institutions Take Precautions Amid Coronavirus Concern

Latest News and Analysis

• Will the COVID-19 Pandemic Impact Your Ability to Secure an “Incontestable” Trademark?
• Adjustments to Copyright Act Timing Provisions for Applicants Affected by COVID-19
• International Bureau Suspends Transmission of Paper PCT Documents
• Current Status of Patent, Copyright, and Trademark Courts and Agencies

Legal Issues Impacting Our Clients

• Impact on prosecution of patent, trademark, and copyright issues in the United States and throughout the world
• Maximization of intellectual property value
• Licensing, transactions, and due diligence
• Strategic counseling and litigation

Latest News and Analysis

• Cuba Update: COVID-19, Economic Reforms, and Helms-Burton Title III Developments

• Suspending Entry for Temporary Workers: What Employers Need to Know

• Homeland Security Eases Policy on Expired Documents and Extends Remote Verification for Form I-9

• Return to Work: Key Immigration Issues for Employers

• Suspending Entry for Certain Green Card Applicants: How Does it Impact Employers and Foreign National Employees?

• CBP Announces 90-Day Duty Deferral for Importers Meeting Specific COVID-19 Criteria

• Handling Foreign National Healthcare Workers in the Pandemic

• Considering MAE Provisions in M&A Agreements in Light of Coronavirus
• USTR Issues Notices to U.S. Importers Related to U.S.-China Trade War Amid Coronavirus Spread
• Extensions of Non Immigration Visa Status and Tax Residency Due to COVID-19
• CBP to Grant Extensions for Customs-Related Payments Due to COVID-19

Legal Issues Impacting Our Clients

• Immigration planning, compliance, and travel restriction impacts on businesses and individuals
• Tracking and adapting to international and U.S. tax law changes, including deadline extensions
• International trade and customs matters relating to the closure of international borders and other local jurisdictions
• Cross-border due diligence, M&A, joint ventures, and private equity transactions:
  • Coronavirus may trigger material adverse change or material adverse effect provisions in international M&A deals
• International financing, securities offerings, and debt restructuring, including foreign issuers becoming targets of class action litigation due to the collapse of the stock markets
• International litigation and arbitration
• Global anticorruption and compliance

Latest News and Analysis

• Interactive Map: State and Federal Civil Courts News, Accessibility, and Closures
• Enter At Your Own Risk: State Legislation And Waivers To Protect Businesses Against Liability for the Transmission of COVID-19
• Mitigating the Effect of Event Cancellations During the COVID-19 Pandemic
• Service of Process in Florida During COVID-19
• Considerations of Force Majeure Defense in Supply Contracts
• The Reach of Price Gouging Laws: Why Wholesale Distributors Are Not Exempt
• UPDATED: The Coronavirus and Force Majeure Clauses in Contracts
• Keep Calm and Carry On: North Carolina Construction in the Age of Coronavirus Stay at Home Orders
• COVID-19 Impact on Commercial Leases and Implications of Various State Laws
• Price Gouging in the Time of Coronavirus
• South Florida Shutters its Boat Ramps, Launches, and Marinas Amid Covid-19 Concerns
• Florida Allows Remote Oath Administration for Testimony
• COVID-19 Impact on Commercial Leases in New York
• Assessing Potential Insurance Claims and Disputes Stemming from Coronavirus
• COVID-19: Navigating the Heightened Risk of Securities Litigation

Legal Issues Impacting Our Clients

•  Insurance
  • Claims for virus-related losses
  • Complex disputes that center on language used in policies
• General litigation
  • Disputes arising from unpaid debts
  • Contract termination (breach of contract)
  • Supply chain disputes
• Securities and shareholder litigation based on disclosures and market volatility driven by the coronavirus

Latest News and Analysis

• Illinois Provides Additional COVID Protections Against Residential Evictions
• Mind Your T’s and C’s: COVID-19 Terms and Conditions for Hotels
• COVID-19 Related Renovations: Key Terms Owners Should Include in All Construction Contracts
• Illinois Further Extends Disaster Declaration and Expounds on Its Exit Strategy
• Chicago’s COVID-19 Actions to Suspend License Expirations and Prevent Employer Retaliations
• Tools for a Construction Lender’s Toolbox in the COVID-19 Era
• The Impact of COVID-19 on Commercial Real Estate Foreclosures in California
• ‘Clean and Safe’ Certification: The Future for Hotels After COVID-19
• A Closer Look at WHO’s Hotel and Accommodation Provider Guidance
• Extension of Incentive Programs in New York State’s 2021 Budget More Valuable Than Ever Due to COVID-19
• Responding to Contractors’ Notice of Delay Caused by COVID-19
• What to Do When a Guest or Worker in Your Hotel is Diagnosed with COVID-19
• Managing Construction During Coronavirus
• DEP Extends Deadline to Comply with Various Activities Due to COVID-19
• Keep Calm and Carry On: North Carolina Construction in the Age of Coronavirus Stay at Home Orders
• COVID-19 Impact on Commercial Leases and Implications of Various State Laws
• COVID-19 - Timing Relief for Florida Developers Related to Land Use Entitlements and Permits
• Tips for Managing a Construction Project During Coronavirus
• Constructing a Contingency Plan for Coronavirus
• The Coronavirus and Force Majeure Clauses in Contracts

Legal Issues Impacting Our Clients

• Impact on real estate ownership, use and transactions created by:
  • Travel and public gathering restrictions
  • Supply chain disruptions
  • Labor shortages
  • Building or area wide quarantines
  • Restrictions on owner and manager access to their commercial properties
  • Increased due diligence requirements
  • Tenant and borrower defaults caused by loss of revenue
  • Premises liability concerns
  • Potential force majeure extension and termination rights
• Heightened requirements to protect the health of tenants and visitors
• Disruption in availability of equity and debt for transactions
• Implications for real property improvement construction contracts

Latest News and Analysis

• Restaurants and Bars - Best Practices for Minimizing Spread and Liability in the COVID-19 Era
  
• Mind Your T’s and C’s: COVID-19 Terms and Conditions for Hotels
• Unique Challenges and Considerations for Restaurants as They Reopen Their Doors
• ‘Clean and Safe’ Certification: The Future for Hotels After COVID-19
• A Closer Look at WHO’s Hotel and Accommodation Provider Guidance
• What to Do When a Guest or Worker in Your Hotel is Diagnosed with COVID-19
• Hotel Closures Due to COVID-19: What to Consider
• Responding to COVID-19: What to Do with Excess Alcohol Inventory

Latest News and Analysis

• IRS Issues Limited Guidance on Employee Payroll Tax Deferral and Puts Onus on Employers

• Impact of White House Memorandum Deferring Payroll Taxes For Certain Workers

• CARES Act Provider Relief Funds – The Requirements are Taxing

• Updated: IRS Provides Extensive New Guidance on the Employee Retention Credit
  
• IRS Issues Guidance on the NOL Carryback Provisions of the CARES Act
• Updated: A 50-State Guide to State and Local Tax Responses Amid the COVID-19 Pandemic
• Updated: IRS Provides Relief for U.S. and Non-U.S. National Non-Residents with Substantial Presence Due to the Coronavirus
• Does Traditional ERISA Fiduciary Liability Insurance Adequately Protect Retirement Plan Sponsors from COVID-Related Cyber Liability? Not Always
• Updated: Interplay Between Paycheck Protection Program Loans and Payroll Tax Provisions Under FFCRA and the CARES Act 
• IRS Provides Guidance on Refundable and Advance Tax Credits Under CARES and FFCRA Acts

• The CARES ACT - Summary of Key Employee Benefits Provisions

• The CARES ACT - Summary of Key Tax Provisions in Historic $2.2 Trillion Law

• Extensions of Non Immigration Visa Status and Tax Residency Due to COVID-19
• Federal Government Responds to Coronavirus with Tax Measures
• State and Local Taxing Jurisdictions' Response to COVID-19

Legal Issues Impacting Our Clients

• Extension issues for filing deadlines related to businesses and individuals under quarantine or otherwise impacted by virus-related fallout
• Liability and recourse for taxpayers if any extensions granted at the federal, state, and local level are not sufficient
• Tax legislation tracking amid an exceptionally active legislative season/year to assist taxpayers unable to stay abreast of changes

Latest News and Analysis

• Screening for COVID-19? Update Your Protocol!

• Use of Form I-765 Approval Notices for I-9 Verification Due to COVID-19

• Department of Labor Addresses Court Ruling by Issuing New FFCRA Leave Regulations

• Employees Are Responsible for Logging Remote Work Hours

• Labor Day – More than just Barbecues and Parades

• Screening Employees for Symptoms: Perils and Pointers

• Longer Than Expected Layoffs May Trigger Notice Requirements

• Employers: Duty to Provide Safe Workplace Extends Beyond Four Walls

• DOL Guidance on COVID-19 Leave Evolving

• The NLRB’s Division of Advice Has Spoken on COVID-19 in the Workplace, Providing Flexibility to Employers During the Pandemic

• Time to Update (or Implement!) Your COVID-19 Safety Plan

• Employers Take Heed: CDC Modifies Return to Work Guidance

• Restaurants and Bars - Best Practices for Minimizing Spread and Liability in the COVID-19 Era
  
• Summertime: Child Care and Child Labor News
• Navigating the NLRA in the Pandemic and Post-Pandemic Workplace: What Both Union and Nonunion Employers Need to Know

• Suspending Entry for Temporary Workers: What Employers Need to Know

• DOL Changes Rules for Fluctuating Workweek and Retail Establishments
• Homeland Security Eases Policy on Expired Documents and Extends Remote Verification for Form I-9
• Chicago Prohibits Retaliation Against Employees Who Follow Orders Requiring Them to Stay at Home
• Across the Digital Divide: Managing Remote Workers
  
• Avoiding Potential Workplace Claims Arising from Reopening of Businesses
• Leave Sharing Programs – Returning to Work in the Age of COVID-19

• Managing a California Workforce During COVID-19

• Return to Work: Key Immigration Issues for Employers

• New I-9 Form Required but Verification Relaxed for Some Employers

• Re-Opening for Business: Is Your Workplace Ready?

• Suspending Entry for Certain Green Card Applicants: How Does it Impact Employers and Foreign National Employees?

• Buyer Beware – FBI Warns of Fraud Involving Procurement of PPE and Other COVID-19 Supplies

• Handling Foreign National Healthcare Workers in the Pandemic

• About-Face on Face Masks
• DOL Issues Regulations on Emergency Paid Sick Leave and Expanded FMLA Leave
• Paycheck Protection Program Open for Business
• Relief for Employers in the CARES Act

• The CARES Act Impacts to Employer-Sponsored Health and Welfare Benefit Plans

• New Unemployment Obligations for Georgia Employers
• Department of Labor Issues FFCRA Guidance, Poster
• COVID-19 Inquiries and Disclosures in the Workplace
• Notice Requirements When Furloughing or Laying Off Workers in the Pandemic
• Paid Sick Time and FMLA Expansion Law Passes
• New Sick Leave Entitlements for Quarantined NY Employees and More Coming
• Paid Sick Leave and Other Relief Coming for Employees Affected by COVID-19
• IRS Issues Helpful Coronavirus-Related Guidance for Employers with High Deductible Health Plans
• Declaration of COVID-19 as a Pandemic Changes Rules for Employers
• Employers - Charting a Course in the Midst of Coronavirus

Legal Issues Impacting Our Clients

• Policies and procedures for dealing with infectious diseases
• Communications with employees
• Dealing with sick employees
• Keeping the workplace healthy
• Remote working arrangements
• Leave and pay issues
• Avoiding discrimination claims
• Impact of collective bargaining agreements
• Considerations for places of public accommodations
• Special considerations for health care workplaces