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Latest from Miller Nash Graham & Dunn LLP

Bank Law Monitor

CARES Act Amends Bankruptcy Code to Address COVID-19 Dislocation

By John Knapp

March 27, 2020

Section 1113 of the CARES Act amends certain provisions of the Bankruptcy Code and will apply to the year following the date on which this new law goes into effect. These changes are primarily designed to benefit small businesses and individuals who need to seek bankruptcy protection (and some who have already sought it). Creditors should be aware that the changes may make it easier for debtors to qualify for the bankruptcy cases of their…

Bank Law Monitor

Federal Banking Agencies Encourage Small-Dollar Lending

By Kalin Bornemann

March 27, 2020

No, your eyes aren’t deceiving you. On Thursday, March 26, 2020, the federal banking agencies (i.e., the FDIC, CFPB, FRB, NCUA, and OCC) issued a joint statement encouraging banks and credit unions to offer responsible small-dollar loans to consumers and small businesses affected by COVID-19. Many of us might remember the days of “Operation Chokepoint” in the 2010s (where small-dollar payday lenders were allegedly targeted), but those days are long gone. At least…

From the Ground Up

CARES Act Provides Relief for Federally Backed Property Loans and Renters

By Kelly Hossaini

March 26, 2020

On March 25, 2020, the Senate passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) to address the COVID-19 emergency. Although the CARES Act is still subject to final approval by the House of Representatives and being signed by President Trump, it is expected that there will be little or no change to what has been approved by the Senate. The CARES Act includes three sections that will be of particular importance to…

Law Trends

Companies Must Evaluate and Respond to Data Security and Privacy Issues Raised by COVID-19

By Leila Javanshir & David Rice

March 26, 2020

Remote work is a mandate for many companies during the coronavirus (“COVID-19”) pandemic. With so many employees working from home, companies face increasing privacy and data security challenges as they conduct business remotely while attempting to protect sensitive data from unauthorized access and use. Organizations must ensure that they are implementing the proper security and privacy measures necessary for secure remote work. Below is guidance on the most pressing data security and privacy issues:…

From the Ground Up

Most Construction Is Non-essential, According to Governor Inslee’s Latest Guidance

By Brian Esler

March 26, 2020

On Wednesday night, Governor Inslee issued specific guidance regarding construction projects in Washington. The guidance states that “commercial and residential construction is not authorized under the Proclamation because construction is not considered to be an essential activity.” But in general, the following categories of construction may continue: a) Construction related to essential activities as described in the order; b) To further a public purpose related to a public entity or governmental function or facility, including…

Bank Law Monitor

Congress CARES: Federal Stimulus Package to Provide Emergency Relief to Borrowers and Financial Institutions

By Steve Miller

March 26, 2020

strategy-of-interest-rate-hike-united-states-of-america-financial-or-picture-id1137346743

On Wednesday, March 25, 2020, the Senate unanimously passed a $2 trillion economic stimulus package. Called the Coronavirus Aid, Relief, and Economic Security (or CARES) Act, this unprecedented bill is expected to be passed by the House this Friday and quickly become law. There is much in the Act for the financial services industry to celebrate, including hundreds of billions of dollars for new loans to pump up the economy and provide credit to businesses.…

Bank Law Monitor

CARES Act Expands Small Business Lending and Provides Potential Loan Forgiveness

By Kellen Hade

March 26, 2020

In its current form, the CARES Act amends the Small Business Administration’s (SBA) Section 7(a) loan program to encourage banks and credit unions to make small business loans under what is known as the “Paycheck Protection Program.” If passed, the Act would appropriate $349 billion for SBA guaranties to protect lenders against the risk of default, while also easing underwriting hurdles to finance small businesses needing additional funding for existing payroll and operating expenses (including…

From the Ground Up

COVID-19 and the Oregon Land Use Process

By Kelly Hossaini

March 25, 2020

As with most things, COVID-19 has disrupted the land use permitting process in Oregon, causing questions and sometimes chaos for applicants and local governments who are in the middle of such processes. At this time, most local government offices in Oregon are closed to the public, although some are accepting the public by appointment only. The majority of the work in processing land use applications, engineering plans, and building permit applications is continuing, but remotely…

From the Ground Up

COVID-19: Delays and Force Majeure in Construction Contracts

By Tina Scott, Tara O'Hanlon & Gary Christensen

March 24, 2020

COVID-19 now controls our day-to-day, but it may not control our existing contracts. To know the extent of its reach on construction projects, it’s important to touch on how delay is handled under contract law and specifically the role of force majeure. What is Force Majeure? An unforeseen, uncontrollable event. Force majeure is an event or effect that can be neither anticipated nor controlled by parties in a contract; an unexpected event, including acts of…

From the Ground Up

Washington’s “Stay Home, Stay Healthy” Proclamation Lacks Guidance On Construction Projects

By Brian Esler

March 24, 2020

Yesterday at 5:30 pm, Governor Inslee issued his “Stay at Home, Stay Healthy” proclamation. The proclamation (much of which takes effect immediately, but which goes into full effect at 5:30 pm on Wednesday, March 25) requires generally that: Every Washingtonian stay at home unless they need to pursue an essential activity. All gatherings for social, spiritual and recreational purposes are prohibited. All businesses except essential businesses must close, unless their business can be conducted remotely.…

Miller Nash Graham & Dunn LLP

Miller Nash Graham & Dunn LLP Blogs

Blog Authors

CARES Act Amends Bankruptcy Code to Address COVID-19 Dislocation

Federal Banking Agencies Encourage Small-Dollar Lending

CARES Act Provides Relief for Federally Backed Property Loans and Renters

Companies Must Evaluate and Respond to Data Security and Privacy Issues Raised by COVID-19

Most Construction Is Non-essential, According to Governor Inslee’s Latest Guidance

Congress CARES: Federal Stimulus Package to Provide Emergency Relief to Borrowers and Financial Institutions

CARES Act Expands Small Business Lending and Provides Potential Loan Forgiveness

COVID-19 and the Oregon Land Use Process

COVID-19: Delays and Force Majeure in Construction Contracts

Washington’s “Stay Home, Stay Healthy” Proclamation Lacks Guidance On Construction Projects

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