Corporate Compliance

April 9, 2020

First Post in a Two-Post Series on Recent FATF Activity Members presumably working from home, the Financial Action Task Force (“FATF”) was active last week, first issuing its 3rd Enhanced Follow-up Report & Technical Compliance Re-Rating of the United States’s Anti-Money Laundering (“AML”) and Counter-Terrorist Financing (“CTF”) (the “United States Report”) measures and, later, a statement from its President on COVID-19 and measures to combat illicit financing (the “Statement”). In this…

Coronavirus (COVID-19): Guidance for Businesses

CDC issues Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19

By Perkins Coie

April 9, 2020

The CDC recently issued interim guidance for safety practices for critical infrastructure workers. The interim guidance provides that “critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.” The interim guidance provides steps regarding what to do regarding critical infrastructure workers should do who have had exposure but remain asymptomatic, including the following: pre-screening prior to…

Coronavirus (COVID-19): Guidance for Businesses

Judicial Council Issues Emergency COVID-19 Rules Regarding Civil Deadlines and Bail

By Perkins Coie

April 9, 2020

By Meredith Jones-McKeown and Torryn Rodgers On April 6, 2020, California’s Judicial Council enacted 11 emergency rule changes in response to the quickly evolving coronavirus (COVID-19) pandemic. The changes follow Governor Gavin Newsom’s March 27 executive order granting the Council extended leeway in setting statewide trial court orders addressing COVID-19 and demonstrate efforts by the Council to balance protection of the public health with basic operations of the judicial system.…

Coronavirus (COVID-19): Guidance for Businesses

The COVID-19 Pandemic and Electronic Discovery Data Collection

By Perkins Coie

April 9, 2020

By John Evans As the coronavirus (COVID-19) pandemic continues to alter our lives and businesses, it is most important to keep the safety of people at the forefront. Social distancing is widely considered to be one of the most important practices to combat the spread of the virus. Many businesses have shifted to a remote work environment so their employees can follow “stay-at-home” guidelines. This new way of conducting business has an effect on data…

Franchise Law Update

A Rough Roll-Out for Payroll Protection Loans

By Natalma M. McKnew & John Gotaskie

April 8, 2020

Need and speed can be a dangerous combination. Just ask Peter “Maverick” Mitchell. That’s a lesson that lenders and borrowers are discovering with CARES Act Payroll Protection Program (PPP) loans. The CARES Act’s PPP provisions promise accessible liquidity support for franchises and small businesses. Indeed, Treasury Secretary Mnuchin said PPP or Emergency Income Disaster Loans and Grants might be paid the day after applying. The early reality is proving to be far more…

Government Contracts Legal Forum

Coronavirus Update: FEMA Allocates Certain Scarce PPE for Domestic Use and Restricts Exports

By Alan W. H. Gourley, Dj Wolff, Jana del-Cerro & Stephanie Crawford

April 8, 2020

The Federal Emergency Management Agency (FEMA), under the Department of Homeland Security, has released a Temporary Final Rule that invokes the Defense Production Act (DPA) to allocate certain Personal Protective Equipment (PPE) for domestic use and prohibit exportation of PPE from the U.S. without express FEMA approval. The mechanics of implementation remain somewhat unclear, but the rule provides for Customs and Border Protection to detain outbound shipments of PPE until FEMA determines whether to return…

Coronavirus (COVID-19): Guidance for Businesses

Additional Guidance on Annual Meeting Issues During COVID-19 Pandemic

By Perkins Coie

April 8, 2020

By Allison Handy In recent days, both Delaware Governor John C. Carney and the SEC’s Division of Corporation Finance (Corp Fin) have provided additional relief for public companies working to hold their annual meetings during the coronavirus (COVID-19) pandemic. Delaware Order. On April 6, 2020, Governor Carney issued a Tenth Modification to his State of Emergency Order for the State of Delaware. The order addresses the concerns of public companies incorporated in Delaware regarding how…

Franchise Law Update

(Some) Good News: SBA Guidance Mostly Exempts Franchises from Affiliation Rules for Paycheck Protection Act Loans

By Elizabeth Sigety & John Gotaskie

April 8, 2020

On April 3, 2020, banks commenced taking applications for the Small Business Administration’s (“SBA”), Paycheck Protection Program (the “PPP”) loans, as provided in the Coronavirus Aid, Relief, and Economic Security Act aka the CARES Act. At the highest level, the PPP allows eligible businesses to borrow up to 2.5x average monthly payroll costs from the last year, subject to a $10 million cap. The SBA issued guidance with respect to the Affiliation Rules …

Coronavirus (COVID-19): Guidance for Businesses

Small Businesses, Independent Contractors, And Sole Proprietors: Take Advantage of Government COVID-19 Relief Before The Money Runs Out

By Perkins Coie

April 7, 2020

Authored by Joe Cutler, Michelle Han, Anna Joy and Will Gillis We have been hearing from community organizations and our pro bono partners that some of our community’s smallest and most vulnerable small businesses either do not know about the resources available to them under federal relief programs or are overwhelmed with information and unsure about how to proceed. Still others mistakenly believe that they do not qualify for state and federal programs,…

The Corporate Compliance and White Collar Advisor

AG Barr: Prosecutors, BOP Should Consider COVID-19 Crisis in Determining Bail, Early Release

By Paul V. Kelly

April 7, 2020

Several current and former federal officials recently sent letters to the President and the Attorney General urging action to protect persons in custody or facing arrest and detention during the COVID-19 crisis. In response, Attorney General Barr has issued separate directives to all U.S. Attorneys and DOJ Department Heads and to the Director of the Bureau of Prisons (BOP). This guidance comes as justice systems across the United States are dealing with an increasing rate…