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In response to delayed EU shipments of certain COVID-19 vaccines to the European Union, the European Commission (Commission) passed on 29 January 2021 Regulation 2021/111 (Export Authorization Regulation) which is in force from 30 January 2021. The Commission intends for the Export Authorization Regulation to apply until at least 31 March 2021.

Please join us for a two-part webinar series on key legal, employment, and regulatory trends and issues impacting the European life sciences market.

The UK government passed reforms on 21 July 2020 lowering the thresholds to intervene in mergers and acquisitions considered relevant to UK national security in the artificial intelligence, cryptographic authentication, and advanced materials sectors. Longer term the UK government is planning to pass further legislation to obtain additional powers of intervention in mergers impacting UK national security.

As governments around the world work to stem the coronavirus (COVID-19) pandemic, merger control authorities in jurisdictions around the globe are adapting their operations and procedures.

Small businesses are among the hardest hit by the coronavirus (COVID-19) crisis and the shocks to consumer demand and supply resulting from the ensuing government orders to stay at home and close nonessential businesses.

In navigating the coronavirus (COVID-19) pandemic, higher education institutions should be aware of a recent wave of refund class actions, antitrust considerations in communication with other institutions, claims for business interruption insurance, and force majeure provisions in existing contracts.

The European Commission (EC) on May 4 announced the adoption of exceptional derogations from EU competition rules to allow certain types of cooperation in the following sectors: milk and milk products, potatoes, and live plants and flowers, as part of a wider package to support the agri-food industry during the ongoing coronavirus (COVID-19) pandemic.

Following in the footsteps of several state legislatures, the Council of the District of Columbia plans to consider on May 5 draft legislation that would require insurers to provide coverage for business interruption losses resulting directly or indirectly from the coronavirus (COVID-19) public health emergency.

The July 1 enforcement of the California Consumer Privacy Act (CCPA) is one week away. Despite calls by the business community and trade associations to push back the enforcement date to January 2021 due to the coronavirus (COVID-19) pandemic and related disruptions to compliance efforts, the California state attorney general issued a press release on June 2 stating, “Businesses have had since January 1 to comply with the law, and we are committed to enforcing it starting July 1.”

The potential tension between the protection of public health and the fundamental right to personal privacy is being tested on an unprecedented scale in the global coronavirus (COVID-19) pandemic. The European Data Protection Board (EDPB) adopted guidelines on 21 April 2020 on the processing of health data as part of research efforts to respond to the COVID-19 pandemic (Research Guidelines) and on geolocation, and other tracing tools, in the context of the pandemic (Tracing Guidelines).

New York’s Department of Financial Services (DFS) issued guidance on April 13 alerting regulated entities of the significant increase in cybercrime during the coronavirus (COVID-19) pandemic.

The Federal Communications Commission provided narrow relief to certain entities allowing the use of automatic telephone dialing systems to send “informational” communications directly related to the coronavirus (COVID-19) outbreak without violating the Telephone Consumer Protection Act.

As the Code Section 139 relief period is scheduled to end soon along with the end of the COVID-19 national emergency, employers that assisted employees with personal expenses attributable to the COVID-19 pandemic should consider taking certain steps before the period ends.

As the COVID-19 landscape continues to evolve, multinational employers face many questions, challenges, and opportunities when considering how to resume global business travel. To help interested parties plan for Asia-Pacific travel, we’ve outlined current entry bans and vaccination and quarantine requirements in China, Hong Kong, Japan, and Singapore. This guidance is subject to rapid change based on the global and local pandemic situation.

The Centers for Disease Control and Prevention (CDC) announced a new framework on February 25 providing that mask wearing is optional in low- and moderate-risk settings.

The US Departments of Labor, Health & Human Services, and Treasury issued new frequently asked questions on February 4, 2022, regarding coverage of over-the-counter, at-home COVID-19 tests at no cost sharing (i.e., deductibles, copayments, and coinsurance), prior authorization, or other medical management requirements during the public health emergency.

As part of the EPA’s recent efforts to advance its Per- and Polyfluoroalkyl Substances (PFAS) Action Plan (PFAS Action Plan), the EPA announced on February 20 its preliminary determination to regulate perfluoroctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) in drinking water. Following review of the comments submitted by the June 10 deadline, EPA will make a final determination whether to regulate PFOA and PFOS under the Safe Drinking Water Act (SWDA). Meanwhile, many states continue to move ahead with issuing their own regulations governing PFAS.

The US Environmental Protection Agency issued a revised temporary amendment to ensure that pesticide disinfectant products remain available during the coronavirus (COVID-19) pandemic by taking measures to address supply chain disruptions.

Morgan Lewis partner Stephanie Feingold spoke with Bloomberg Law about the US Environmental Protection Agency’s (EPA) decision to reduce or suspend some Superfund site cleanup work in response to the coronavirus (COVID-19) pandemic.

The Coronavirus Air, Relief, and Economic Security (CARES) Act signed into law on March 27 includes an allocation of $200 million to the Federal Communications Commission (FCC) to support telehealth services and $125 million to the US Department of Agriculture’s Rural Utilities Service to expand its existing distance learning, telehealth, and broadband initiative.

A group of hospitality policyholders failed in their attempt to obtain cover under a business interruption policy as it was determined, in an ad hoc arbitration, that the UK central government did not constitute “a competent local authority.”

This LawFlash is the second in a series following the judgment in the FCA’s Business Interruption Test Case. Previously we have discussed the “insured peril” under business interruption (BI) insurance policies, and the interconnected issues of causation and the “Trend Clause.”

The Financial Conduct Authority (FCA) has challenged eight insurers in a business interruption insurance test case in order to seek coverage for insureds. The UK’s financial services industry regulator is taking an adversarial stance in order to determine whether 17 different policy wordings can provide cover for businesses across the country, in the hope this will provide a level of certainty at this difficult time for businesses.

The Internal Revenue Service (IRS) recently released new guidance in IRS Notice 2020-50 and Notice 2020-51 to help owners and beneficiaries of individual retirement accounts and individual retirement annuities (IRAs) and IRA providers navigate the relief provided under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

Please join us for a two-part webinar series on key legal, employment, and regulatory trends and issues impacting the European life sciences market.

The US Patent and Trademark Office (USPTO) on May 8 announced a new COVID-19 Prioritized Examination Pilot Program (Pilot Program), under which eligible small and micro entities will receive prioritized examination without payment of the additional fees for prioritized examination. As such, eligible small and micro entities will save $2,000 and $1,000, respectively, when making a request for prioritized examination under the new Pilot Program.

Partner Megan Bell will moderate a panel, “The “S” Factor in Light of COVID-19: How to Consider “Social” When Making Investment Decisions” at the Managed Funds Association (MFA) ESG 2021 virtual conference on April 6, along with panelists from OECD, Elliott Investment Management, and Kukua.

The US Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) published a Risk Alert on August 12 highlighting compliance considerations created by the coronavirus (COVID-19) pandemic for SEC-registered investment advisers and broker-dealers (Firms). This LawFlash highlights the areas of focus in the Risk Alert and provides a checklist of considerations and actions to assist Firms in addressing COVID-19-related compliance issues.

The European Commission recently launched a consultation on a proposal that would allow investment firms to rebundle payments for research on small- and mid-cap issuers and fixed income instruments, to aid in the recovery from the COVID-19 pandemic and to mitigate the decline in research coverage of those sectors caused by unbundling as observed prior to the pandemic’s onset.

The Internal Revenue Service (IRS) recently released new guidance in IRS Notice 2020-50 and Notice 2020-51 to help owners and beneficiaries of individual retirement accounts and individual retirement annuities (IRAs) and IRA providers navigate the relief provided under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

The Centers for Disease Control and Prevention (CDC) on September 1 issued an order under Section 361 of the Public Health Service Act to temporarily—at least through the end of 2020—halt residential rental evictions for Americans struggling to pay rent due to the coronavirus (COVID-19) pandemic.

The Singapore government on 5 June passed the COVID-19 (Temporary Measures) (Amendment) Bill, which aims to provide eligible small- and medium-sized enterprises with rental relief. The bill is premised on a fair sharing of obligations between the government, landlords, and tenants.

New York State began on May 15 to implement the state’s phased, regional plan for reopening businesses following the statewide closure of all nonessential businesses due to the coronavirus (COVID-19) public health emergency, a process known as “New York Forward.” Pursuant to New York Forward, certain industries in qualifying regions of New York can begin in-person operations, provided they affirm compliance with industry-specific health and safety guidance promulgated by the state and develop and post a compliant safety plan. This LawFlash discusses the nature and scope of the New York Forward reopening process, and key provisions from health and safety guidance issued to date.

The US Department of Education is now accepting applications from qualifying postsecondary institutions for emergency grants from funds that have been allocated under the CARES Act. The Department has issued instructions about how to apply for the grants, as well as guidance aimed at assisting institutions in realizing the benefits of the CARES Act.

Morgan Lewis partners Jennifer Feldsher and Julia Frost-Davies were quoted in a Law360 article which took a close look at the bankruptcy and restructuring environment so far in 2020.

The Small Business Administration on April 24 issued an update to an interim final rule, crystalizing its view that applicants that have sought protection under the US Bankruptcy Code are not qualified borrowers under the Paycheck Protection Program.

Please join us for a special edition of Morgan Lewis Automotive Hour focused on bankruptcy and debt restructuring as it relates to the automotive industry in the wake of COVID-19.

While the full extent of COVID-19’s impact on the economy remains to be seen, it will likely create significant restructuring activity for companies already experiencing financial distress and otherwise healthy companies distressed by the pandemic. We have already seen an increase in chapter 11 filings, and more will follow.

Public companies should consider recent guidance from the US Securities and Exchange Commission, increased examination and enforcement activity at both federal and state levels, and possible shareholder activism, among other effects of the coronavirus (COVID-19) pandemic.

Temporary relief provided by the US Securities and Exchange Commission focuses on financial statements and timing and cancellation requirements with regard to Regulation Crowdfunding, and is expected to make it easier and faster for small businesses to complete offerings.

Please join our investment management and securities enforcement attorneys, including Jeff Boujoukos, former Regional Director of the SEC’s Philadelphia Office, for a discussion about the SEC’s regulatory relief and the current focus of its broker-dealers and investment adviser examination and enforcement programs in today’s unprecedented business environment.

The UK government has announced two new schemes for funding to innovative companies and startups, launching in May 2020.

A new act in the United Kingdom provides power to HMRC to claw back coronavirus (COVID-19) support payments and issue penalties for deliberate and inadvertent misuse of such schemes.

An injunction blocking enforcement of an emergency prohibition on debt collection phone calls and lawsuits during the coronavirus (COVID-19) crisis was granted on May 6, 2020 on grounds that it violates the First Amendment rights of collection agencies without adding meaningful protections for consumers.

Medicare providers that receive grant money under the CARES Act Relief Fund must pay close attention to the terms and conditions of the assistance and rigorously document how the funds are used to avoid potential future False Claims Act allegations.

Recent announcements from the US Securities and Exchange Commission make it clear that, although it will not be business as usual, the agency will ably navigate the coronavirus (COVID-19) crisis and its work will move forward. However, over the next several months, the SEC and its staff will be confronted with choices about where and how to deploy the Commission’s limited enforcement and examination resources, and those decisions will have a profound effect on regulated entities.

Partners Matthew Mock and Cosimo Zavaglia and associate Colleen Redden authored a Tax Notes article about the potential implications of remote workers displaced by the COVID-19 pandemic on state corporate taxes. In the piece, they explain the income tax nexus in relation to remote work, guidance released by select states, and options for corporations seeking to protect themselves from nexus assertion.

The Internal Revenue Service (IRS) issued Notice 2021-10 on January 19, which extends relief to Qualified Opportunity Funds (QOFs) and their investors as a response to continued challenges brought on by the COVID-19 pandemic.

Morgan Lewis partner Cosimo Zavaglia was quoted in Law360 Tax Authority in an article about state tax provisions stemming from the latest COVID-19 relief act, which allowed Paycheck Protection Program payments to be deductible on federal income tax.

A new coronavirus (COVID-19) relief bill—the Consolidated Appropriations Act, 2021, which includes the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (the Act)—was signed into law on December 27. The Act not only contains tax provisions to provide direct relief to individuals, but also includes tax benefits for various industries, including the “green” energy and technology industries.

Associate Jake Harper spoke with Xtelligent Healthcare Media about key pieces of telehealth legislation moving through Congress in 2022 and the factors that could potentially stop their passage, as well as the additional regulations needed to advance telehealth usage.

On January 7, the US Supreme Court debated a range of complex issues in a pair of oral arguments over challenges to two federal regulations requiring workplace COVID-19 precautions. Although it is unlikely the Court will issue definitive opinions for several days or weeks, the Court could quickly issue a temporary “administrative” stay while it deliberates, or an unreasoned order with opinions to follow.

As employers continue to deal with the ongoing impacts of the pandemic heading into 2022, partners Michael Jones and Siobhan Mee and associate Alana Genderson shared some related legal trends to watch in the new year.

The Cal/OSHA Standards Board on December 16 voted to approve the second readoption of the California COVID-19 Prevention Emergency Temporary Standards (ETS) during its monthly public meeting. The revised ETS will not adopt the federal OSHA ETS or include a mandatory vaccination requirement for employers, but will include stricter requirements for employers than the current version.

Directors have significant ongoing duties towards the company they lead, including taking the changing factual landscape into account. This should include learning lessons from the recent disruption of global supply chains.

In Law360, partners Steven Johnson, Jonathan Zimmerman, and Handy Hevener, along with associates Anna Pomykala and Jacob Oksman, outlined key components of the Coronavirus Aid Relief and Economic Security (CARES) Act’s complex repayment rules for employer-share Social Security tax deferrals.

Associate Daniel Kadish spoke with Forbes about best practices employers can employ when asking employees about their vaccination status.

A group of hospitality policyholders failed in their attempt to obtain cover under a business interruption policy as it was determined, in an ad hoc arbitration, that the UK central government did not constitute “a competent local authority.”

National Labor Relations Board General Counsel Jennifer A. Abruzzo issued a memorandum explaining her view of employers’ bargaining obligations in response to the US Department of Labor Occupational Safety and Health Administration’s Emergency Temporary Standard to Protect Workers from Coronavirus. According to Abruzzo, any issue involving employer discretion is subject to decision bargaining. The Emergency Temporary Standard may also trigger effects bargaining obligations for non-discretionary issues.

The Fifth Circuit temporarily stayed the Occupational Health and Safety Administration’s Emergency Temporary Standard on COVID-19, placing it in legal limbo. In addition, state governments continue to take actions related to employer vaccine mandates that merit attention. In the past month, state legislatures in Alabama, Arkansas, Tennessee, West Virginia, and Iowa passed bills purporting to limit the ability of employers to mandate COVID-19 vaccination, and Florida will consider similar measures in a special session starting November 15. Illinois, in contrast, passed an amendment limiting the effect of a statute used by plaintiffs to challenge vaccine mandates.

Associate Alana Genderson spoke with HR Dive about the Occupational Safety and Health Administration’s (OSHA’s) emergency temporary standard (ETS) requiring some employers to implement COVID-19 vaccine mandates or testing requirements by January 4.

Under a newly signed executive order in New Jersey, all state contractors and subcontractors entering agreements with the state must include a clause that requires all covered workers to either provide adequate proof to the contractor that they are fully vaccinated or submit to at least weekly COVID-19 testing.

As the availability and variety of digital health tools continue to increase, evidence is also being presented that those tools are having a meaningful impact on health outcomes. In a recent blog post, members of our technology, outsourcing, and commercial transactions team dove into the findings of two reports, Digital Health Trends 2021: Innovation, Evidence, Regulation, and Adoption, offered by the IQVIA Institute for Human Data Science; and a report from the University of Michigan’s Institute for Healthcare Policy and Innovation’s Telehealth Research Incubator.

US Immigration and Customs Enforcement (ICE) has extended a policy permitting acceptance of remote employment eligibility verification in limited circumstances through December 31, 2021.

The UK Home Office has announced that the temporary COVID-19 adjusted right-to-work checks have been extended to 5 April 2022 following the positive feedback on remote checks.

The Occupational Safety and Health Administration (OSHA) recently updated its nonbinding COVID-19 guidance applicable to all industries not otherwise covered by its Emergency Temporary Standard (ETS).

Partner Daryl Landy spoke with HR Magazine about a new statewide regulation that requires California state employees, healthcare workers and others in high-risk workplaces to either show proof of vaccination or complete regular testing.

Partner Sharon Masling spoke with Bloomberg Law about the debate over mandatory vaccines for school-aged children.

The UK government has waived quarantine requirements for visitors from Europe and the United States who have been fully vaccinated—and who have not been in France or a Red List country in the 10 days prior to arriving in the United Kingdom—as part of a range of new measures designed to continue reopening international travel.

The Centers for Disease Control and Prevention (CDC) has released updated guidance recommending that fully vaccinated persons in areas with substantial or high rates of COVID-19 transmission resume wearing masks in public indoor settings. The guidance also encourages all fully vaccinated persons who are exposed to COVID-19 to take a COVID-19 test three to five days after exposure, and to wear masks in public indoor settings for 14 days or until receiving a negative COVID-19 test. The guidance also recommends universal indoor masking for all teachers, staff, students, and visitors to schools, regardless of their vaccination status.

Members of our emerging business and technology team recently hosted a webinar on seed financing structures for digital health companies. The program, led by partner Benjamin David Novak and associate Jessica Lee, discussed the market trends in digital health company financings as well as the various deal structures frequently used in seed financings.

The UK government, in line with its roadmap out of lockdown, has announced that travelers who have been vaccinated with an NHS-administered vaccine in the United Kingdom (plus 14 days), or are on a formally approved UK vaccine clinical trial, will no longer need to quarantine on their return to the United Kingdom from an amber list country.

Partners Daryl Landy and Jason Mills and associate Nicholas Armer co-authored an article for the Daily Journal regarding Cal/OSHA’s changing approach to the Emergency Temporary Standards (ETS) it has issued over the last year. The article highlights the inconsistency in the standards, which has created a “skeptical employer audience when it comes to future emergency standards.”<

Santa Clara County, California issued a health officer order on June 21, 2021, to phase out its May 18 health officer order, which required businesses to ascertain the vaccination status of all personnel working in the county and to follow up every two weeks with those who had not yet indicated they were fully vaccinated. The county also lifted its other COVID-19-related requirements for businesses, replacing them with recommendations that businesses are encouraged to follow.

Associate Alana Genderson was quoted in a Law360 article regarding the Occupational Safety and Health Administration’s (OSHA’s) most recent COVID-19 workplace safety emergency temporary standards (ETS).

Partner Sharon Masling was quoted in a Bloomberg Law article about guidance from the US Equal Employment Opportunity Commission on incentives that could be offered to encourage employees to receive COVID-19 vaccinations.

In another reversal, on June 9 the California Division of Occupational Safety and Health (Cal/OSHA) Standards Board unanimously voted to withdraw the “Readopted” Emergency Temporary Standards that it had approved just six days earlier, while the California Department of Public Health (DPH) previewed new face mask guidance that aligns with the Centers for Disease Control and Prevention’s (CDC’s) face mask guidance and will take effect June 15. In addition, the health department from Los Angeles County—the county with the largest population and with the highest number of COVID-19 cases and deaths in the state since the pandemic began—announced that it will adopt the state DPH guidance except that employers must adhere to Cal/OSHA standards.

Morgan Lewis partners Jason Mills and Daryl Landy spoke with The Recorder after California state regulators rescinded COVID-19 workplace safety rules.

At a Standards Board meeting on June 3, 2021, the California Division of Occupational Safety and Health (Cal/OSHA) “readopted” its COVID-19 Prevention Emergency Temporary Standards with revisions as published on May 28.

Morgan Lewis partner Louise Skinner was interviewed by Eddie Mair on LBC Radio about the prospect of making COVID-19 vaccinations compulsory for care home staff.

The US Equal Employment Opportunity Commission (EEOC) released a long-awaited update to its technical assistance guidance on COVID-19 and the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other federal equal employment opportunity (EEO) laws on May 28, 2021. The document addresses frequent employer questions related to requiring vaccines for employees and providing incentives to employees to encourage vaccinations under the ADA, Title VII, and the Genetic Information Nondiscrimination Act (GINA).

New guidance will allow employees in New Jersey, Oregon, and Washington to go maskless and stop social distancing if they provide their employers proof of vaccination against COVID-19.

Massachusetts Governor Charlie Baker announced on May 17 that Massachusetts will rapidly accelerate the commonwealth’s reopening process by adopting the Centers for Disease Control and Prevention’s (CDC’s) Interim Public Health Recommendations for Fully Vaccinated People. Effective May 29, all businesses can open at 100% capacity, with very limited exceptions. The governor also announced that the 14-month state of emergency will end on June 15, 2021.

California will keep its existing mask guidance in place until June 15, 2021, when it aims to “fully reopen the economy.” Thereafter, California will align its mask guidance with the Centers for Disease Control and Prevention’s mask guidelines for fully vaccinated individuals.

Partners Louise Skinner and Lee Harding authored an article for International Employment Lawyer that outlined strategies for maintaining a healthy workplace culture.

Members of our labor and employment team recently published a LawFlash discussing and analyzing the New York Health and Essential Rights Act (the HERO Act), which was signed into law on May 5, 2021 by New York Governor Andrew Cuomo. The HERO Act requires the New York State Department of Labor and New York State Department of Health to create industry-specific airborne infectious disease standards that must be used by all employers doing business within the State of New York.

The Biden-Harris administration announced on May 5 its intent to support a waiver on intellectual property protections on COVID-19 vaccines. The scope of any potential waiver is subject to further negotiation at the World Trade Organization (WTO). Any decision made at the WTO level requires a consensus among all of its 164 members.

Morgan Lewis associate Alanda Genderson spoke to Axios about the possibility of schools in the US requiring students to receive COVID-19 vaccines as they are approved for younger people.

New York Governor Andrew Cuomo signed the New York Health and Essential Rights Act (the HERO Act) into law on May 5, 2021, requiring the New York State Department of Labor and New York State Department of Health to create industry-specific airborne infectious disease standards that must be used by all employers doing business within the State of New York.

New York Gov. Andrew Cuomo, New Jersey Gov. Phil Murphy, and Connecticut Gov. Ned Lamont jointly announced on May 3 a significant easing of the remaining capacity restrictions on business operations related to the COVID-19 pandemic.

Partner Daryl Landy spoke with HR Today about California’s paid sick leave mandates amid the COVID-19 pandemic. In the article, Daryl discussed the expansion of the benefits under SB 95, the latest regulation.

Given the significant push to vaccinate the public since the start of 2021, the increasing availability of vaccines, and the need to recruit additional personnel to administer vaccinations, the secretary of the US Department of Health and Human Services (HHS) has again amended its declaration under the Public Readiness and Emergency Preparedness Act (PREP Act) to accommodate some workforce barriers that had not been previously contemplated.

Philadelphia enacted a new version of its Public Health Emergency Leave (PHEL) Ordinance on March 29. The new ordinance amends the emergency regulations the city enacted in November 2020 to expand paid sick leave access for workers during the COVID-19 pandemic. Under the new ordinance, which will remain in effect for the duration of the pandemic, covered employers must immediately provide up to 80 hours of paid sick leave to qualifying employees for certain COVID-19-related reasons.

It’s now been over a year since the COVID-19 pandemic was declared a public health emergency, ushering in monumental changes for telehealth regulation. If you’ve been following Health Law Scan, we hope our updates have provided some clarity to the everchanging regulatory healthcare framework and the legal issues that can vary across payers, across states, and even across countries.

Partner Sharon Masling was interviewed by NJ Spotlight News about a new state law that opens the door to employer-mandated vaccinations before allowing employees to return to work.

Our immigration team has been actively publishing resources as the Biden administration continues to make changes to existing immigration framework. These topics may be of importance to Health Law Scan readers, and we encourage you to access these publications below.

Morgan Lewis partner Jonathan Zimmerman spoke with Law360 about the new COBRA subsidies introduced by the American Rescue Plan Act (ARPA). The passage of ARPA means that eligible employees who were laid off or had a reduction in hours as a result of COVID-19 can stay on their workplaces health plans for free within the extended 18 months of coverage from COBRA.

Partners Matthew Mock and Cosimo Zavaglia and associate Colleen Redden authored a Tax Notes article about the potential implications of remote workers displaced by the COVID-19 pandemic on state corporate taxes. In the piece, they explain the income tax nexus in relation to remote work, guidance released by select states, and options for corporations seeking to protect themselves from nexus assertion.

In a Law360 feature, Morgan Lewis partner Dennis Gucciardo and associate Jacob Harper highlighted some of the defining moments for the healthcare and life sciences industries in the year since the US government declared the COVID-19 pandemic of sufficient severity and magnitude to warrant an emergency declaration.

On 3 March 2021, the UK government confirmed the continuation of the Coronavirus Job Retention Scheme (CJRS) through the end of September 2021. The CJRS was due to end on 30 April 2021 and has, so far, supported more than 11.2 million employees since its inception in March 2020.

As businesses continue to grapple with the effects of the pandemic in the spring of 2021, the Equality and Human Rights Commission (EHRC) has granted companies a six-month extension to report their gender pay figures. Employers should aim to report by 4 April 2021 wherever possible, but the EHRC will not take any enforcement action until 5 October 2021 in order to “strike the balance” between supporting businesses and the Regulations (as defined below). The annual April deadline introduced in 2017 was suspended entirely in 2020 due to COVID-19.

The US Department of Health and Human Services Office of Inspector General (OIG), the Department of Justice (DOJ), and other federal regulators have grown increasingly concerned about the use of telehealth technologies by perpetrators of various fraud schemes. While this is in part due to the meteoric rise in use of telehealth services during the past year and the need to quickly formalize permanent policy around the technology, the federal government’s concern extends well before the COVID-19 public health emergency (PHE).

Morgan Lewis partner John Lavelle discusses the pro bono efforts of Morgan Lewis in coordination with Community Legal Services (CLS) to represent Pennsylvanians denied emergency food assistance during the COVID-19 pandemic in this column written for the Philadelphia Bar Reporter.

As part of President Joe Biden’s efforts to address the continuing impact of the COVID-19 pandemic on American families, on February 16, the US Department of Housing and Urban Development, US Department of Veterans Affairs, and US Department of Agriculture (together, the agencies) announced a coordinated extension and expansion of forbearance and foreclosure relief programs. This announcement extends and expands the agencies’ forbearance and foreclosure relief programs through June 30, 2021. The programs were due to expire in March.

Morgan Lewis partners Louise Skinner and Lee Harding authored an article for Employee Benefits about the UK government’s spending review. The spending review, which is due to come into force in April 2021, gained particular attention this year due to the financial impact of the pandemic. In the article, Louise and Lee detail the financial measures that have been put in place to help support long-term unemployed people, and explain what public service spending will look like after April.

Cybersecurity has earned its place at the top of organizations’ risk concerns during the COVID-19 pandemic. Remote working, an array of communication solutions and hardware being used by organizations, and the accelerated leveraging of cloud-based outsourcing solutions have increased the chain of potential vulnerabilities to cyberattacks.

Morgan Lewis partner Giovanna Cinelli noted in a Global Investigations Review article that the flexibility demonstrated by the Justice Department’s National Security Division, the Commerce Departments’ Bureau of Industry and Security, and the State Department’s Directorate of Defense Controls amid the COVID-19 pandemic has allowed companies under investigation more time to respond to demands for information.

The Japanese government announced on February 2 that it will continue to make 10 prefectures (except for Tochigi) subject to the Second Declaration of a State of Emergency until March 7, 2021, considering the overwhelming pressure on the medical system due to the COVID-19 pandemic.

Despite a strict prohibition on gatherings of more than two persons in any public place in Hong Kong through at least February 17, there is an exemption for shareholders’ meetings of companies listed on the Stock Exchange of Hong Kong, with certain conditions.

With telehealth surging around the globe due to the COVID-19 pandemic, the UK National Health Service has released guidance that provides a set of good practice principles for third-party partners to follow.

HM Treasury in the United Kingdom released its sixth direction concerning the Coronavirus Job Retention Scheme on 26 January 2021. Many of the central features of the furlough scheme have not changed, including the level of the government’s contribution to employees’ wages. However, certain dates have been amended and the direction addresses issues that employees on variable pay would have faced under the scheme had the latest changes not been made. Employers will also be interested to know that HM Revenue & Customs has started to publish details of companies that have made claims through the scheme since December 2020.

Among other features, the new guidance recommends that employers implement a COVID-19 prevention program and identifies key measures for limiting the spread of COVID-19.

As the United States races to deliver safe and effective coronavirus (COVID-19) vaccines under the Biden administration, employers, healthcare providers, and many others are assessing what it means for their industries and organizations.

Last year brought turbulence and uncertainty across the healthcare industry. As we look to the future of healthcare transactions, there are a number of market trends to consider. Please join us for our next Fast Break webinar, where we will discuss healthcare M&A hot topics, including COVID-19’s impact on the healthcare M&A market.

The Internal Revenue Service (IRS) issued Notice 2021-10 on January 19, which extends relief to Qualified Opportunity Funds (QOFs) and their investors as a response to continued challenges brought on by the COVID-19 pandemic.

Immediately following his inauguration on January 20, US President Joseph R. Biden, Jr. began taking executive action to enact many of his administration’s initial priorities, which included a number of executive orders, memoranda, and directives to cabinet agencies to address policies he detailed during his campaign, including the COVID-19 pandemic, climate change, equality, and the global economy. To help clients navigate potential changes from these actions, Morgan Lewis has provided a quick analysis of many of these orders and their impact. We will release more detailed pieces as the president unveils additional specifics of his First 100 Days plan.

The Internal Revenue Service (IRS) issued Revenue Procedure 2021-12 on January 14, extending the safe harbors in Revenue Procedures 2020-26 and 2020-34 to September 30, 2021. This LawFlash discusses the portion of Revenue Procedure 2021-12 relating to Revenue Procedure 2020-26. The safe harbors were previously set to expire and would not apply to forbearances and related modifications entered into after December 31, 2020. As the coronavirus (COVID-19) emergency persists, the extension in Revenue Procedure 2021-12 provides welcome relief to the securitization industry, which faced uncertainties over the tax consequences that such an expiration could have on securitization vehicles such as real estate mortgage investment conduits (REMICs) and investment trusts.

Following the announcement of its third national lockdown on 5 January 2021, the UK government has updated its guidance on the Coronavirus Job Retention Scheme, stating that employers may furlough employees in circumstances where an employee’s health has been adversely affected by COVID-19 or where the employee is prevented from working or required to work reduced hours due to COVID-19 or care responsibilities as a result of lockdown.

The US Centers for Disease Control and Prevention issued an order on January 12 stating that all air travel passengers over the age of 2 (including US citizens and green card holders) are required to obtain a negative COVID-19 test prior to departing any foreign country or to produce evidence of their recovery from COVID-19.

Morgan Lewis associate Daniel Kadish was quoted in an HR Magazine article about best practices for employers amid the COVID-19 vaccine rollout. In the piece, Daniel noted that an employer must provide "reasonable accommodations" to workers who decide not to get the COVID-19 vaccine because of religious or disability concerns.

Our finance, corporate and business transactions, litigation, and tax teams recently published a LawFlash discussing the new coronavirus (COVID-19) relief stimulus package that is part of the Consolidated Appropriations Act, 2021 (CAA), highlighting key provisions and guidance for small businesses seeking to participate in the revived Paycheck Protection Program (PPP).

Partners Sharon Perley Masling, Carrie Gonell, and Cosimo Zavaglia and associate Daniel Kadish authored a Bloomberg Law article about the legal issues concerning employees who are working remotely from other states and jurisdictions to which they relocated for the long term because of COVID-19.

A new coronavirus (COVID-19) relief bill—the Consolidated Appropriations Act, 2021, which includes the Taxpayer Certainty and Disaster Tax Relief Act of 2020 (the Act)—was signed into law on December 27. The Act not only contains tax provisions to provide direct relief to individuals, but also includes tax benefits for various industries, including the “green” energy and technology industries.

Morgan Lewis partner Sharon Perley Masling spoke with Bloomberg Law about the legal questions for employers around mandating the COVID-19 vaccine. “Whether to mandate the vaccine is obviously an industry-by-industry and employer-by-employer decision,” said Sharon. “In most cases, however, our clients are deciding to strongly encourage their employees to get the vaccine rather than require them to do so while the vaccine is under an EUA.”

Partner Sharon Perley Masling was quoted in a Boston Globe article about best practices for employers seeking for their workforce to get the COVID-19 vaccine.

The United Kingdom on 2 December became the first country to approve the Pfizer-BioNTech vaccine for coronavirus (COVID-19), with approximately 500,000 people receiving the vaccine in the first two weeks of the largest vaccination programme in British history.

Morgan Lewis partner Jonathan Zimmerman spoke with Law360 for an article about the impact the COVID-19 pandemic has had on employee benefits. In the article, he discussed the approaches employers are taking in regard to unused paid vacation time including 401 (k) contributions.

Morgan Lewis partner Sharon Masling spoke with CBS News about the Equal Employment Opportunity Commission’s recently released guidance that employers can mandate employees be vaccinated for COVID-19 in certain circumstances.

Morgan Lewis is a sponsor of the Bar Association of San Francisco’s Barristers 2020 Diversity Conference, which aims to deepen the awareness and engagement of diversity, equity and inclusion efforts in the legal industry.

Morgan Lewis partner Sharon Perley Masling spoke with the HuffPost about the potential for employers to require employees to get a COVID-19 vaccine. “Most clients right now are leaning toward encouraging rather than requiring the vaccine, just because there are still so many unanswered questions,” said Sharon in the article. “I think it is wise for employers to start planning, but those plans are going to be revised as we get more information.

Associate Jacob Harper spoke with Modern Healthcare about the need for congressional action as the coronavirus (COVID-19) pandemic continues to increase the use of telehealth services.

Partner Jonathan Snare and associate Alana Genderson spoke with HR Magazine for an article about what employers may expect regarding enforcement by the Occupational Safety and Health Administration (OSHA) under a Biden administration.

Morgan Lewis partners Susan Harthill, Jennifer Breen, and Kenneth Polite authored a Law360 article about the pace of personnel changes that could result in federal agencies under a Biden administration.

As the number of coronavirus (COVID-19) cases continue to rise throughout the country and the impact of the pandemic on employers continues unabated, many employers and employees are exploring not only how to work remotely, but whether and where to work remotely. Remote work continues to be required or strongly encouraged in some areas, and remote work may also appeal to employers as they respond to employee concerns about in-person work and consider potential cost savings. However, businesses that either ask or permit employees to work remotely on a long-term basis should be cognizant of the numerous potential legal implications, as well as business concerns that these arrangements can create.

Morgan Lewis of counsel Kimberley Lunetta and associates Alana Genderson and Daniel Kadish’s BOMA New York presentation, “Minimizing General & Employment Law Liability,” was featured in a recent Real Estate Weekly article.

The Centers for Disease Control and Prevention (CDC) issued new interim guidance on November 16, revising the approach businesses should take when determining whether critical infrastructure workers who have been exposed to persons with suspected or confirmed coronavirus (COVID-19) may continue to work in person.

The Small Business Administration recently announced new questionnaires for purposes of gathering information from borrowers related to the economic necessity certification under the Paycheck Protection Program.

MedTech Dive featured comments from Morgan Lewis partner Dennis Gucciardo in an article about the US Department of Health and Human Services directive to the US Food and Drug Administration to review requests for emergency use authorization for COVID-19 laboratory developed tests "in a timely manner.”

Morgan Lewis partner and co-leader of the firm’s education industry team Ami Wynne spoke with Boston Business Journal about the firm’s efforts to support clients in the higher education sector amid the coronavirus (COVID-19) pandemic, and shared her observations on new trends of resource sharing between universities and taxing endowments.

2020 continues to be a stress-test year for privacy regulations worldwide. Join us as we discuss the global context and trends for 2021 with a focus on Russian privacy law.

Healthcare systems have been on the front lines of the coronavirus (COVID-19) pandemic and may have several questions about how to manage workforce challenges as we look toward the upcoming months.

With the US Food and Drug Administration’s first issuance of an Emergency Use Authorization for a COVID-19 vaccine, employers should consider the implications a new vaccine will have on their workplaces. Although much remains speculative, employers can look to the regulation of current vaccines as the basis for their preliminary planning. Those who begin to plan now will be better positioned to navigate the various risks and issues involved.

Morgan Lewis partner Louise Skinner was quoted by Personnel Today in an article about the extension of the UK’s Job Retention Scheme, which has caused challenges for many employers.

To alleviate plan sponsor financial burdens during the height of the coronavirus (COVID-19) pandemic, Section 3608 of the CARES Act delayed the due date for required minimum contributions for defined benefit pension plans otherwise due in 2020.

The UK Financial Conduct Authority recently published Policy Statement 20/12, which sets out the final rules on the extension of the Senior Managers and Certification Regime implementation deadlines for the certification regime and conduct rules.

Effective immediately, Michigan will require employers to make coronavirus (COVID-19) workplace exposure determinations for all job tasks and procedures, prepare written preparedness and response plans, and implement a series of workplace protections.

Morgan Lewis partner Anne Marie Estevez was quoted by Law360 in an article about the effect of COVID-19 on the retail sector, especially heading into what was traditionally a busy holiday season.

Morgan Lewis partner Louise Skinner authored an article for CityWorks that provides guidance for employers about how to best support parents during the pandemic.

Under the assumption that the coronavirus (COVID-19) public health emergency (PHE) will continue into 2021, the US Nuclear Regulatory Commission (NRC) Staff hosted a public meeting via teleconference on October 15 to discuss future requests for relief from regulatory requirements.

Information Services Group (ISG) reported that the global outsourcing industry is slowly recovering from the industry’s dip in performance during the second quarter of 2020 due to the coronavirus (COVID-19). Data measuring commercial outsourcing contracts with annual contract values (ACV) of $5 million or more show that third-quarter ACV for the global market rose 3% to $14.6 billion.

Following an increase in documented coronavirus (COVID-19) cases, New York Governor Andrew Cuomo issued an executive order permitting the state Department of Health to identify geographic areas that require enhanced public health restrictions based on clusters of COVID-19 cases. The permitted restrictions include mandatory business closures, and are to be based on risk-level categorizations (red, orange, or yellow risk zones) with corresponding levels of constraint meant to mitigate COVID-19 transmissions in those areas.

Please join us for a two-part webinar series on key legal, employment, and regulatory trends and issues impacting the European life sciences market.

The primary focus of many retailers in the near term will likely be on staying afloat and addressing their liquidity needs, the health and safety of their employees and customers, the overall health of their businesses, and how best to pivot their business models to adapt to shifting consumer preferences and expectations in the wake of the ongoing coronavirus (COVID-19) pandemic.

Please join us for a two-part webinar series on key legal, employment, and regulatory trends and issues impacting the European life sciences market.

Chancellor Rishi Sunak outlined a new sixth-month Job Support Scheme (JSS) on 24 September to replace the coronavirus Job Retention Scheme (JRS) that is due to end on 31 October 2020.

Morgan Lewis partners Matthew Schernecke and Kristen Campana authored a Bloomberg Law article about the concessions lenders have made in exchange for additional credit support, capital contributed, and/or additional covenants amid the coronavirus (COVID-19) pandemic.

California Governor Gavin Newsom signed into law Assembly Bill 1867 on September 9, requiring private employers with 500 or more employees nationwide to provide California employees with paid sick leave for coronavirus (COVID-19)-related absences.

The eagerly anticipated judgment of Lord Justice Flaux and Mr. Justice Butcher in the Financial Conduct Authority’s (FCA’s) test case in relation to cover afforded under various business interruption wordings has now been handed down and the ramifications of the judgment will begin.

Morgan Lewis partner Sharon Masling spoke with SHRM for an article about best practices for employers seeking to resolve co-worker conflict arising from the coronavirus (COVID-19) pandemic. Sharon stressed the importance of strong prevention protocols, regular communication, consistent application of COVID-19 polices, and need for transparency.

The US Internal Revenue Service (IRS) issued news release IR-2020-194 on August 28, approving the temporary use of digital signatures for certain IRS forms that must be filed with the IRS manually.

Morgan Lewis partner Andrew Budreika was quoted in a Washington Business Journal article about the hurdles the Small Business Administration's (SBA’s) Paycheck Protection Program present companies that are seeking to buy or sell.

The US Department of Health and Human Services (HHS) on August 19 published a sweeping announcement, Rescission of Guidances and Other Informal Issuances Concerning Premarket Review of Laboratory Developed Tests, in which it stated that the Food and Drug Administration (FDA) would not require premarket review of laboratory developed tests (LDTs) without notice-and-comment rulemaking.

While retailers in China have been permitted to reopen, required steps to do so include health and sanitation measures. Some local governments are also considering extending the weekend in order to stimulate consumption and promote economic recovery.

As state revenue agencies train their auditors in traditional IRC §482 transfer-pricing methodologies or outsource transfer-pricing audits to third-party specialists, a recent initiative by the Indiana Department of Revenue follows another, alternative federal transfer-pricing compliance tool: advance pricing agreements (APAs).

As we discussed in a prior LawFlash, US President Donald Trump signed four executive actions that purportedly extend various aid measures for individuals impacted by the coronavirus (COVID-19) pandemic on August 8.

The French government has announced that the wearing of masks in enclosed and shared spaces within private and public companies will be mandatory as of September 1, 2020. The implementation of barrier gestures and the practice of teleworking is still strongly recommended.

Morgan Lewis partner Roger Joseph spoke with Fund Directions for an article about virtual board meetings amid the coronavirus (COVID-19) pandemic.

The coronavirus (COVID-19) pandemic has caused upheaval in the global economy. This massive disruption has led to a wave of class action lawsuits relating, directly or indirectly, to COVID-19. This White Paper reviews the various categories of such class actions, the most commonly asserted theories of liability, and possible defenses to such actions, both as to the merits and against class certification.

Morgan Lewis partner Christine Lombardo was quoted in an article by Financial Advisor after the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a Risk Alert to advisors and brokers about practices that may not comply with the agency’s rules.

Morgan Lewis associate Jacob Harper spoke with Bloomberg Law for an article about the current state of the telehealth industry amid the COVID-19 pandemic and what the future may hold for telehealth once the virus subsides. In the piece, Jake discussed some of the biggest barriers to telehealth access, such as location rules.

Morgan Lewis partner Dennis Gucciardo spoke with MedTech Dive for an article about the COVID-19 pandemic’s impact on the US Food and Drug Administration’s enforcement efforts. In the piece, he discussed the potential for virtual inspections.

This alert provides a summary of the announcement (Announcement) issued by the Kanto Local Finance Bureau (KLFB) at the beginning of August 2020. Responding to the Japanese government’s “Report concerning Promotion of Regulatory Reform,” the Financial Services Agency (FSA) announced on July 17, 2020 the FSA’s temporary treatment for applications or notifications given the circumstances of the continuing coronavirus (COVID-19) pandemic.

Now that remote working may become more permanent (at least for the second half of 2020) states have released guidance on how the presence of remote workers in the state impacts an employer’s nexus in the state. In this Lawflash, we address two of the latest pronouncements from Massachusetts and Oregon.

With the world in various states of lockdown, your organization’s online presence is more important than ever…even more so with official enforcement of CCPA beginning last month. It may be a good time to spend an afternoon reviewing and updating the legal boilerplate on your organization’s website. Here is what we recommend for a basic three-part review to get you started:

A new act in the United Kingdom provides power to HMRC to claw back coronavirus (COVID-19) support payments and issue penalties for deliberate and inadvertent misuse of such schemes.

Colleges and universities have been particularly impacted by the coronavirus (COVID-19) pandemic, from closing campuses and transitioning to online learning to cancelling events, athletic seasons, and construction projects, among many other effects.

A federal court on July 29 temporarily halted the public charge rule during the coronavirus (COVID-19) pandemic, while the US Citizenship and Immigration Services (USCIS) on July 31 released a new proposed schedule with increased filing fees.

The coronavirus (COVID-19) pandemic has created unforeseen and unavoidable circumstances within the healthcare industry that may provoke further crisis for hospitals, nursing homes, physicians, and other frontline healthcare providers in the form of potential liability claims for noncompliance with COVID-19 protocols or other standards.

With the coronavirus (COVID-19) pandemic showing no signs of abating, many digital health developers have refocused their technical expertise to develop products for use in the pandemic, including software apps for COVID-19 screening and risk assessments, digital therapeutics, and remote patient monitoring systems.

Morgan Lewis FDA lawyers authored a LawFlash on June 29 summarizing FDA’s drug and biologic coronavirus (COVID-19) guidances to date.

As summarized in a July 17 LawFlash, FDA has resumed inspections of regulated domestic facilities using a new risk assessment rating system that takes into account the reopening phase of the applicable state, and county level COVID-19 statistics.

The UK government passed reforms on 21 July 2020 lowering the thresholds to intervene in mergers and acquisitions considered relevant to UK national security in the artificial intelligence, cryptographic authentication, and advanced materials sectors. Longer term the UK government is planning to pass further legislation to obtain additional powers of intervention in mergers impacting UK national security.

The Internal Revenue Service (IRS) recently released new guidance in IRS Notice 2020-50 and Notice 2020-51 to help owners and beneficiaries of individual retirement accounts and individual retirement annuities (IRAs) and IRA providers navigate the relief provided under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

The US Food and Drug Administration’s recent policy, issued in part due to the coronavirus (COVID-19) pandemic, also suspends enforcement of Direct Marking requirements for certain Class I, Class II, Class III, and life-supporting/life-sustaining devices.

The Centers for Medicare and Medicaid Services (CMS) recently announced that it intends to resume both prepayment and postpayment medical reviews conducted by the Medicare Administrative Contractors, Supplemental Medical Review Contractors, and Recovery Audit Contractors, including those under the Targeted Probe and Educate program, on August 3, 2020.

Charged with administering new payroll tax relief programs created by the FFCRA and CARES Act, the IRS recently released a redesigned version of Form 941 (Employer Quarterly Tax Return) through which employers can now claim entitlement to FFCRA qualified sick/family leave tax credits, CARES employee retention credits, and CARES payroll tax deferrals.

In response to the rising number of coronavirus (COVID-19) cases in California, effective immediately, Governor Gavin Newsom on July 13 ordered all counties in California to close all indoor and outdoor bars, brewpubs, breweries, and pubs. The order also includes restaurants’ indoor operations, wineries and tasting rooms, movie theaters, family entertainment centers, bowling alleys, zoos and museums, and cardrooms statewide. The order allows these businesses, except for bars, to operate outdoors if possible.

Morgan Lewis partner Jennifer Breen spoke with Modern Healthcare about the possibility that healthcare providers will be taxed on relief grants related to the COVID-19 pandemic.

Morgan Lewis partner Russell Franklin authored a series of Bloomberg Law articles that discussed the state of diversity in the legal industry. Throughout the columns, Russell discussed what it takes to navigate to the top of Big Law and the added challenges the coronavirus (COVID-19) pandemic has presented diverse lawyers. He also addressed what firms can do to continue the conversation around diversity and inclusion amid the pandemic.

Morgan Lewis managing partners Bill Nash and Ayman Klaleq were interviewed by LexisNexis for a special edition of the Lexis Middle East Law Alert magazine, which gives a round-up of legal, finance, and tax developments across the Middle East.

If a proposed bill by the California Senate is passed, parties to certain post-pandemic healthcare transactions involving private equity groups, hedge funds, healthcare systems, facilities, and provider groups would need to plan for and obtain regulatory approval from the California attorney general.

From 4 July, pubs, restaurants, hairdressers, hotels and other outdoor activities in the United Kingdom reopened but are required to comply with new guidance announced 23 June. To facilitate their opening, the well-established two-metre social distancing rule will change to “one metre plus.” This further easing of lockdown restrictions will affect employers and employees alike.

Much to the relief of the healthcare provider community, US Department of Health and Human Services (HHS) spokesperson Michael Caputo tweeted on Monday that HHS intended to extend the public health emergency that was declared earlier this year.

On July 1, California Governor Gavin Newsom announced closures of indoor dining and entertainment venues, as well as all bars, in 19 counties. California immediately issued Guidance describing these closures. Gov. Newsom also announced coordinated enforcement efforts, including the creation of Enforcement Strike Teams between state agencies and local counties and cities. Businesses are advised to regularly review the rules that remain in constant flux.

Under IRS Notice 2020-50, employers sponsoring nonqualified deferred compensation plans (NQCD plans) may now allow employees to suspend their deferral elections without having to determine whether the employee has had an unforeseeable emergency for purposes of Section 409A or otherwise qualifies for a hardship under Section 401(k) if the employee received a coronavirus-related distribution from an eligible retirement plan.

The Internal Revenue Service recently published additional guidance on the coronavirus-related distributions and loans provisions of Section 2202 of the CARES Act. Notice 2020-50 is intended to assist employers and plan administrators, trustees and custodians, and qualified individuals in applying Section 2202 to take advantage of greater access to plan distributions and plan loans.

The Consumer Financial Protection Bureau (CFPB or Bureau) issued an interim final rule (IFR) on June 23, 2020 that temporarily permits mortgage servicers to offer to borrowers impacted by the coronavirus (COVID-19) pandemic certain loss mitigation options based on the evaluation of an incomplete loss mitigation application.

To keep you abreast of these changes, our tax lawyers have produced a chart, updated regularly, detailing state and local responses to COVID-19.

This panel will offer a retrospective on legislation and law from the HIV/AIDS era, discuss ways in which COVID-19 is currently affecting LGBTQ+ individuals, and draw lessons from the past to the present.

With the issuance of Notice 2020-39 (the Notice), the Internal Revenue Service (IRS) has provided relief for Qualified Opportunity Zone Funds (QOFs) and for investors in QOFs. While the relief provided in the Notice does not solve every challenge for QOFs and investors during the pandemic, investors and sponsors alike should warmly receive the specific relief.

Elearning company Skillsoft provided two expedited alternatives to bankruptcy in its first-day filings in the Bankruptcy Court for the District of Delaware.

Join us for a webinar as we discuss the distressed asset sale process and critical legal issues and risks associated with distressed M&A transactions in the wake of the coronavirus (COVID-19) pandemic.

The Multi-Ministry Taskforce has announced plans for a progressive reopening of Singapore’s economy and society as it emerges from the coronavirus (COVID-19) crisis. The taskforce has also been reviewing the border measures put in place to manage the risks of importation, and will likewise be implementing progressive changes as the borders reopen to international travel.

Financial assistance and other relief provided to employers under the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) will have a short- and long-term impact on employee benefit plans in mergers and acquisitions. The chart below highlights some considerations buyers and sellers should consider in addressing potential “pop-up” liabilities and/or other issues relating to the CARES Act in transactions.

Morgan Lewis partners and co-directors of the firm’s Workplace Culture Consulting group Sharon Masling and Chai Feldblum authored a Law360 article about the Equal Opportunity Employment Commission's latest guidance regarding the coronavirus (COVID-19) pandemic and best practices for employers.

Congressional stimulus packages appropriated $175 billion in relief funds under the CARES Act and the Paycheck Protection Program and Health Care Enhancement Acts for the benefit of hospitals and other healthcare providers in response to losses incurred due to the coronavirus (COVID-19) pandemic.

Small businesses are among the hardest hit by the coronavirus (COVID-19) crisis and the shocks to consumer demand and supply resulting from the ensuing government orders to stay at home and close nonessential businesses.

Following the declaration of a global pandemic due to the widespread transmission of the coronavirus (COVID-19), the issuance of shutdown and/or stay-at-home directives cascaded from commercial enterprises and state and local governments across the United States. During this period of extreme disruption to daily routine, the continuity and integrity of energy operations were necessary to ensure that the massive shift to home-based life could exist with minimal business disruption.

As Latin America continues to manage the adverse economic effects resulting from the coronavirus (COVID-19) pandemic and prepares for what lies ahead, there are certain post-shutdown processes and regulatory requirements to keep in mind before the restart of operations in the region.

Please join us for a special edition of Morgan Lewis Automotive Hour focused on bankruptcy and debt restructuring as it relates to the automotive industry in the wake of COVID-19.

In case you missed it, the Morgan Lewis COVID-19 Legal Issue Compendium provides an overview of our firm’s key publications covering the legal and regulatory landscape relating to the coronavirus (COVID-19) pandemic.

Please join the Morgan Lewis labor management team for the final installment of our webinar series on labor management relations in the time of a pandemic where they will discuss the potential impact of walkouts as companies reopen their doors and employees return to work.

The US Department of Labor’s chief administrative law judge (ALJ) issued an administrative order and notice on June 1, indefinitely suspending all in-person hearings before the Office of Administrative Law Judges (OALJ).

New York State has continued to issue the state’s phased, regional plan for reopening businesses following the statewide closure of all nonessential businesses due to the coronavirus (COVID-19) public health emergency, a process known as “New York Forward.”

As Russian regions are lifting pandemic-related workplace restrictions, employers must start considering how best to cope with a vast array of issues, including restarting operations, reintegrating remote-working employees, implementing new and existing requirements, and protecting the safety of employees and customers. Employers who proactively plan for these challenges will be best positioned to adapt to the “new normal.”

The US Commodity Futures Trading Commission has approved an interim final rule extending the Phase 5 initial margin compliance deadline for uncleared swaps by one year.

Morgan Lewis associate Jacob Harper was quoted in a Becker’s Hospital Review article about the impact of the COVID-19 pandemic on the telehealth industry. “With the COVID-19 pandemic, we’ve seen an overnight switch from in-person to telehealth services, and I think this is a dress rehearsal for telehealth as a mainstream modality of providing healthcare,” said Jake.

The Coronavirus Aid, Relief and Economic Security (CARES) Act provides two measures of relief to taxpayers, but taxpayers amending federal income tax returns should be aware these benefits may not reach their state income tax returns.

Through the High Court test case, the UK Financial Conduct authority hopes to obtain legal clarity on business interruption insurance during the coronavirus (COVID-19) pandemic.

With the July 1 enforcement of the California Consumer Privacy Act (CCPA) less than a month away, the state attorney general has finally submitted the final text of the proposed CCPA regulations to the California Office of Administrative Law. This article discusses the current landscape and provides practical steps that companies can take before enforcement begins.

An International Centre for Settlement of Investment Disputes (ICSID) tribunal has recently dismissed the jurisdictional challenges of the Republic of Cyprus and is pushing ahead with a multiparty arbitration commenced by former depositors and bondholders of Laiki Bank and the Bank of Cyprus.

Please join us to discuss the new Main Street Lending Program Forms and updated FAQs released on Wednesday, May 27 by the Federal Reserve Bank of Boston in anticipation of program launch.

New formal guidance from the Internal Revenue Service (IRS) extends the deadline for providers of individual retirement accounts and individual retirement annuities (IRAs) to file Form 5498 in response to the coronavirus (COVID-19) pandemic.

Join us during the Morgan Lewis Technology May-rathon as we discuss the current state of telehealth laws and rules in the United States from both a federal and a state perspective, especially as impacted by the coronavirus (COVID-19) pandemic.

The UK government on 29 May published updated guidance on the Coronavirus Job Retention Scheme, which has been extended to the end of October 2020 but for which employers will need to contribute to furloughed employee costs from August 2020. Additionally, staff who were furloughed by 12 June can be flexibly furloughed. This LawFlash covers the new guidance and considers employers’ options as the scheme winds down, including redundancies during or following furlough.

With the easing of circuit-breaker measures in Singapore, employers gearing up for reopening must implement safe management measures to provide a safe working environment for employees. Here is a brief guide for employers in Singapore on things to take note when planning for these measures.

The Occupational Safety and Health Administration (OSHA) issued an Updated Interim Enforcement Response Plan on May 19 for enforcing OSHA’s requirements with respect to coronavirus (COVID-19) and a Revised Enforcement Guidance for Recording Cases of COVID-19, walking back positions that the agency expressed just one month ago in its first interim response plan and recordkeeping enforcement guidance for COVID-19.

Two key amendments to the German competition law entered into effect on May 29, 2020, temporarily extending merger control review periods and temporarily suspending interest payments for antitrust fines, further to a bill adopted by the German Parliament to mitigate the consequences of the coronavirus (COVID-19) pandemic on trade.

Please join us for a webinar on Wednesday, June 3 at 3:00 pm ET to discuss the issues associated with the pursuit of funds under business interruption insurance coverage and FEMA public assistance and how they may intersect with the acceptance of terms and conditions associated with the CARES Act provider relief funds.

Life science companies should consider offering FDA creative solutions for submissions that require pre-approval inspections.

Join us for a webinar covering practical employee benefits and compensation advice for companies operating in the current coronavirus (COVID-19) economy.

Owing to the coronavirus (COVID-19) crisis, the UK government has announced a number of immigration changes, including visa extension and switching measures as well as a mandatory self-quarantine period for those entering the United Kingdom from June 8, 2020. Other announcements include changes to the guidance for EEA nationals applying for nationality and a Statement of Changes affecting the Startup, Innovator, EU Settlement Scheme, Tier 4, and Global Talent visa categories.

The coronavirus (COVID-19) pandemic provides unique challenges to supply chain issues and the changing landscape of national security.

While the full extent of COVID-19’s impact on the economy remains to be seen, it will likely create significant restructuring activity for companies already experiencing financial distress and otherwise healthy companies distressed by the pandemic. We have already seen an increase in chapter 11 filings, and more will follow.

As the economic effects of the coronavirus (COVID-19) pandemic continue to be felt, Germany’s protective shield proceeding under Section 270b of the Insolvency Code is a way for companies to restructure under the direction of management.

Workforce retrenchment in Singapore is expected to hit record numbers as a result of economic disruption from the coronavirus (COVID-19) pandemic. Here is a brief guide for employers in Singapore as they consider retrenchment as an option.

NEW YORK, May 22, 2020: Morgan Lewis is representing Calvert Impact Capital and Local Initiatives Support Corp. (LISC) in the agreement for an $100+ million credit facility to support the New York Forward Loan Fund.

The UK government has introduced proposed legislation that will give companies flexibility to hold their annual general meetings where lockdowns due to the coronavirus (COVID-19) pandemic would prevent such meetings in person.

With just days left until provider attestations are due related to acceptance of CARES Act Provider Relief Funds, the US Department of Health and Human Services (HHS) has recently been updating its FAQs, providing some additional clarity, and potentially confusion, surrounding the acceptance of Relief Funds from its initial tranche $30 billion of General Distribution payments. Attestations for the first tranche of payments on April 10 are due May 25, and HHS continues to furnish guidance regarding the details of the General Distribution Relief Fund.

The UK Future Fund is aimed at supporting continued growth and innovation for UK-based companies in a variety of sectors amid the coronavirus (COVID-19) pandemic.

The Federal Energy Regulatory Commission (FERC) issued a notice on May 20 that it will convene a Commissioner-led technical conference to consider the ongoing, serious impacts that the emergency conditions caused by the coronavirus (COVID-19) pandemic are having on the energy industry. The conference will be free, open to the public, and held remotely on Wednesday and Thursday, July 8-9, 2020.

In navigating the coronavirus (COVID-19) pandemic, higher education institutions should be aware of a recent wave of refund class actions, antitrust considerations in communication with other institutions, claims for business interruption insurance, and force majeure provisions in existing contracts.

The NRC’s Office of Enforcement (OE) recently issued Attachment 2 to Enforcement Guidance Memorandum (EGM) 20-002, providing guidance to NRC inspection staff for exercising enforcement discretion for certain byproduct material licensees that suspended their use of licensed material and are maintaining the licensed material in safe storage because of the coronavirus (COVID-19) public health emergency (PHE).

Russia has adopted rules allowing to renegotiate real estate leases and postpone lease payments in certain cases. These rules affect both landlords and tenants. In this LawFlash we address the basics of these rules as adopted on the federal level. The rules may differ depending upon where the real estate in question (buildings, premises, or land plots) is located as some Russian regions have adopted their own regulations on this subject matter.

As local and national governments begin easing pandemic-related restrictions on in-person activities, businesses must weigh how best to proceed with reopening, including restarting or expanding operations, reintegrating remote-working or furloughed employees, implementing new state and local orders, and protecting the safety of employees and customers. Here are a few key considerations. For more information, please see our Retail Reopens Guide.

While artificial intelligence promises to be useful in responding to the coronavirus (COVID-19) pandemic, companies should be aware of potential copyright considerations.

As businesses across America begin to reopen in the wake of the coronavirus (COVID-19) pandemic, many will likely implement new social distancing and sanitization procedures.

Temporary relief provided by the US Securities and Exchange Commission focuses on financial statements and timing and cancellation requirements with regard to Regulation Crowdfunding, and is expected to make it easier and faster for small businesses to complete offerings.

New York State began on May 15 to implement the state’s phased, regional plan for reopening businesses following the statewide closure of all nonessential businesses due to the coronavirus (COVID-19) public health emergency, a process known as “New York Forward.” Pursuant to New York Forward, certain industries in qualifying regions of New York can begin in-person operations, provided they affirm compliance with industry-specific health and safety guidance promulgated by the state and develop and post a compliant safety plan. This LawFlash discusses the nature and scope of the New York Forward reopening process, and key provisions from health and safety guidance issued to date.

Class action lawsuits seeking tuition refunds are being filed nationwide against colleges and universities, which are already dealing with revenue loss from closing down their campuses during the coronavirus (COVID-19) pandemic. Here is an overview of the current litigation landscape, and what colleges and universities should know in terms of potential defenses and minimizing litigation risk.

The Internal Revenue Service (IRS) recently released two pieces of guidance relating to Internal Revenue Code Section 125 plans (cafeteria plans), health reimbursement arrangements (HRAs), and health savings account (HSA) eligibility.

New Jersey Governor Phil Murphy has signed Executive Order 142, which cues the early stages of reopening. New Jersey residents can now hold small in-person gatherings, as well as attend vehicular gatherings or events. Starting May 18, nonessential retail businesses can open, but only for curbside pickup and provided they require infection control practices inside the store. Nonessential construction projects can also resume on May 18.

In recognition of growing concerns regarding the impact of the coronavirus (COVID-19) on the UK economy and the profound social impact of lockdown measures, the government has this week unveiled its strategy for exiting the lockdown alongside detailed sector-specific guidance on how to work safely during the pandemic.

Morgan Lewis partner John Park is speaking at VC Taskforce’s next CVC Roundtable COVID19's Impact on VC/CVC Investment 2020: Insights From The Experts.

Morgan Lewis director of employee well-being Krista Larson spoke with Law360 about the efforts the firm is making to support wellness during the COVID-19 pandemic.

This LawFlash supplements the Latin America Regulatory Landscape Analysis issued on May 5, 2020, and summarizes the legal landscape concerning reductions in force in selected jurisdictions in the region.

As the public health emergency caused by the coronavirus (COVID-19) continuously evolves, the US Department of Agriculture Food Safety Inspection Service (FSIS) and the Food and Drug Administration (FDA) are actively releasing new, and updating existing, policy statements and temporary guidance providing flexibility on certain regulatory requirements during the pendency of the COVID-19 pandemic.

Federal and state regulators and Congress continue to release new guidance and requirements to assist mortgage borrowers facing economic hardships resulting from the coronavirus (COVID-19) pandemic. Due to the high volume of borrower requests, the associated burden on servicers, and the unknown duration of the COVID-19 pandemic, it is critical for servicers to be in compliance with all forbearance-related requirements and to be responsive to borrower communications and inquiries.

Morgan Lewis partners Scott Milner, Stephanie Sweitzer, Brian Herman, and Carrie Gonell and of counsel Jennifer Williams authored a Law360 article about the adaptions businesses are making regarding remote work in response to the coronavirus (COVID-19) pandemic.

The widespread economic disruption precipitated by the coronavirus (COVID-19) global pandemic and oil price volatility has caused debt portfolios to come under scrutiny and fund sponsors and investors to consider opportunities in the marketplace. Many asset managers are forming funds focused on liquid credit opportunities, secondary portfolio purchases and, as with the expansion of nonbank lending after the 2008 global financial crisis, providing customized solutions to distressed and other borrowers that are either unable or unwilling to borrow from traditional banks. In addition, certain existing funds are extending their offering periods and modifying their investment strategies to capture the opportunity.

The Centers for Medicare & Medicaid Services released a second, sweeping interim final rule in response to the coronavirus (COVID-19) pandemic on April 30, 2020. Building on the agency’s unprecedented March 31, 2020 regulation, which prioritized distancing patients from their care teams in response to the public health emergency, this second round of policy changes emphasized easing COVID-19 testing restrictions and expanding health system capacity for a phased reopening of the country.

In response to the coronavirus (COVID-19) pandemic, Russia has changed its bankruptcy laws to provide for a moratorium on bankruptcies and a freeze on certain transactions. While the situation is dynamic, these amendments are relevant for ongoing or potential transactions in Russia, as well as a party’s ability to enforce pledges and other types of security interests or to seek other remedies against Russian companies.

An injunction blocking enforcement of an emergency prohibition on debt collection phone calls and lawsuits during the coronavirus (COVID-19) crisis was granted on May 6, 2020 on grounds that it violates the First Amendment rights of collection agencies without adding meaningful protections for consumers.

The Centers for Medicare & Medicaid Services released guidance on April 19 updating its previous recommendation to delay all elective surgeries and procedures during the coronavirus (COVID-19) pandemic. In response, state and local officials are issuing updated orders easing or removing restrictions previously placed on elective, nonurgent surgeries and procedures.

US companies trying to close international deals or set up new branches in foreign countries are struggling to secure apostilles to certify documents due to quarantine mandates and office closures resulting from the coronavirus (COVID-19) pandemic.

For-profit medical care providers that receive CARES Act grants to provide funds for healthcare-related expenses or lost revenues attributable to the coronavirus (COVID-19) may be taxed for those receipts. Because Congress did not otherwise exclude or address the tax treatment of these grant payments, taxability would be determined based upon applicable tax law and guidance, which require that such funds be reported as taxable income. For-profit healthcare providers that received these grants should consider this issue and its resulting tax implications.

The severity of COVID-19 puts multiple industries at risk. As joint US attorney and state attorneys general anti-fraud task forces proliferate, it is crucial for businesses to prepare for, and to try to prevent, the possibility of a state attorney general investigation.

The US Department of Labor’s Employee Benefits Security Administration (DOL) and the Internal Revenue Service (IRS) issued guidance last week providing deadline and other relief affecting welfare plans and their sponsors and administrators under the Employee Retirement Income Security Act of 1974, as amended (ERISA) and the Internal Revenue Code of 1986, as amended (Code).

Companies with substantial business interruption losses related to the coronavirus (COVID-19) pandemic must take immediate, concrete steps now to preserve their ability to pursue recoveries from insurance and/or financial relief from future governmental programs.

CMS recently issued Frequently Asked Questions (FAQs) clarifying requirements and considerations for hospitals and other providers related to the Emergency Medical Treatment and Labor Act (EMTALA) during the coronavirus (COVID-19) pandemic.

While most companies in France (with the exception of cafés and restaurants, sports halls, theatres, museums, and companies whose activities allow teleworking) will be able to resume their activity from 11 May, employers must now take health and safety measures to ensure the protection of their employees and limit the risks of litigation and criminal proceedings.

The NRC issued a draft letter to holders of licensees (other than operating power reactor licensees) to possess Category 1 or 2 quantities of radioactive material (RAM) as defined in Appendix A to 10 CFR Part 37.

Please join us for part two of our five part webinar series focusing on labor management relations in the time of a pandemic.

In what is likely the first of several CARES Act–related pieces of retirement plan guidance, the Internal Revenue Service recently posted a set of Q&As addressing certain issues and questions related to distributions and loans related to the coronavirus (COVID-19) pandemic under the CARES Act.

Following in the footsteps of several state legislatures, the Council of the District of Columbia plans to consider on May 5 draft legislation that would require insurers to provide coverage for business interruption losses resulting directly or indirectly from the coronavirus (COVID-19) public health emergency.

The US Department of Education is now accepting applications from qualifying postsecondary institutions for emergency grants from funds that have been allocated under the CARES Act. The Department has issued instructions about how to apply for the grants, as well as guidance aimed at assisting institutions in realizing the benefits of the CARES Act.

Morgan Lewis partner Andrew Gallo and of counsel David Lawton authored a Bloomberg Law article about the procedures US bankruptcy courts have implemented to allow ongoing—albeit virtual—administration of bankruptcy cases.

During the coronavirus (COVID-19) pandemic, it is important for policyholders to remember that key insurance principles, including the principle of aggregation in the United Kingdom, could make a significant difference to any claim on their policies.

The European Commission published its first comfort letter in nearly 20 years on April 29, in an effort to foster cooperation among businesses during the coronavirus (COVID-19) pandemic. Here is what companies should know about the specific practices permitted under the comfort letter, as well as the specific conditions and safeguards for cooperation.

This LawFlash discusses awarding equity grants to newly hired employees as “inducement grants” outside the shareholder approved plan and the pros and cons of making inducement grants.

The Coronavirus Aid, Relief, and Economic Security (CARES) Act that was signed into law on March 27 contains several emergency measures affecting retirement plans. The CARES Act gives plan sponsors the option of making available to participants, effective immediately, penalty-free coronavirus-related distributions as well as plan loans increased beyond the amount otherwise permitted under Internal Revenue Code (IRC) 72(p).

Key issues that UK employers should begin considering now to minimize difficulties as they reopen or expand their operations include reintegrating staff, assessing internal policies in light of the pandemic, testing for the coronavirus (COVID-19), and more.

The NRC issued temporary Staff guidance intended to help Staff review and process requests for regulatory relief from fuel facilities on April 21. Although intended for NRC Staff, the guidance provides insights into the process licensees should follow when submitting requests for relief and the information they should anticipate including.

The US Nuclear Regulatory Commission (NRC) issued a letter on April 27 to the Nuclear Energy Institute and the National Organization of Test, Research, and Training Reactors, and others, clarifying and expanding the guidance on respiratory protection requirements that it previously provided to stakeholders during an April 15 teleconference.

Morgan Lewis partners Andrew Budreika and Jennifer Breen spoke with Accounting Today about the CARES Act’s Paycheck Protection Program (PPP). In the article, they discussed key considerations for PPP borrowers eligible for loan forgiveness.

Morgan Lewis partner Sheri Dillon was quoted in a Tax Notes article about the US Internal Revenue Service’s (IRS’s) decision to extended Tax Court filing deadlines to July 15 or the court’s reopening.

The US Nuclear Regulatory Commission (NRC) Staff hosted a public meeting via teleconference on April 22 to discuss available regulatory relief pathways for medical licensees during the coronavirus (COVID-19) public health emergency (PHE).

As prevention measures against the coronavirus (COVID-19) pandemic bump into the principles and guidelines of the EU General Data Protection Regulations (GDPR), the French Data Protection Authority has reinforced essential rules and good practices for companies to ensure employee personal data protection.

When the UK government’s job retention portal, where UK employers can seek to recover wages of furloughed employees, went live, it received 67,000 claims within 30 minutes. The challenges employers are facing during the coronavirus (COVID-19) pandemic are clear. Amid an evolving situation, we have seen seven iterations of government guidance—sometimes contradictory—on the Job Retention Scheme and additional information from both HM Treasury and Advisory, Conciliation and Arbitration Service.

Following Los Angeles’s lead, San Francisco and San Jose have enacted ordinances requiring certain businesses to provide additional paid leave benefits to employees for coronavirus (COVID-19)-related reasons.

Morgan Lewis partners Sharon Masling and Sarah Bouchard and associate Daniel Kadish authored a Bloomberg Law article about key considerations for employers planning to reopen as jurisdictions ease restrictions regarding the coronavirus (COVID-19) pandemic.

This is our first edition of Morgan Lewis Spark, a quarterly update highlighting new and amended Russian legislation of importance to companies operating in the Russian energy and mining sectors.

Travel restrictions, work from home, furloughs, wage reductions, layoffs, and other consequences of the current emergency can have obvious and unintended consequences for H-1B, L-1, O-1, TN, and other foreign national workers and their employers.

Morgan Lewis partner Alexander Reid and associate Chelsea Rubin were quoted in an EO Tax Journal article about the US Internal Revenue Service’s proposed regulations regarding Section 512(a)(6) and the CARES Act.

The New York Stock Exchange LLC (NYSE) has temporarily suspended its continued listing standards requiring (i) a market capitalization and stockholders’ equity of at least $50 million each, and (ii) a $1 minimum trading price for listed issuers. This relief, effective immediately through June 30, 2020, provides issuers with additional time to regain compliance with these requirements, and supplements the temporary suspension of the $15 million minimum market capitalization requirement.

The Kazakhstan government has adopted a resolution that establishes the so-called “adjustment coefficient” zero to salary-related taxes and payments in an effort to stabilize the economy during the coronavirus (COVID-19) pandemic.

As the coronavirus (COVID-19) pandemic disrupts everyday life throughout the world, boards of directors of corporations working around the clock to understand, address, and mitigate its effects on business operations must direct attention to their fiduciary duties. Boards must act affirmatively, and with an eye on the future, to assure that duties to corporations and stockholders continue to be met.

Please join us for a 75-minute webinar during which we will address key issues for hedge funds investing in global markets.

This article summarizes a recent webinar presented by Morgan Lewis partners Andrew Budreika and Raechel Kummer and associate Ben Stango in conjunction with the American Bakers Association.

The Internal Revenue Service (IRS) and the US Department of the Treasury released two Revenue Procedures and a new FAQ on April 21 to provide relief to US residents and alien individuals affected by travel disruptions due to the coronavirus (COVID-19) emergency.

In response to coronavirus (COVID-19) pandemic, the US Securities and Exchange Commission’s Corporation Finance Division and Investment Management Division have issued guidance to assist companies in making changes to the format of its shareholder meetings, the way in which companies accept shareholder proposals, and the timing of Form 10-K corporate governance and compensation disclosures that are all adaptive to the changing times. Additionally, various states have loosened the restrictions around annual shareholder meetings. This LawFlash gives an overview of this guidance and relief.

New guidance from the UK Competition and Markets Authority warns that it will not relax its substantive or evidentiary standards for merger investigations during the coronavirus (COVID-19) pandemic. Statutory deadlines will not be altered, although aspects of investigations may be subject to delay, and the authority will continue to impose interim measures. The authority also set out its position on mergers involving “failing firms,” indicating some flexibility in its interpretation of the counterfactual test.

The Federal Housing Finance Agency (FHFA) announced on April 21 that servicers’ obligation to advance scheduled monthly payments for Fannie Mae and Freddie Mac (the Enterprises) backed single-family mortgage loans in forbearance will be limited to four months.

Compensation Committees are addressing whether compensation should be adjusted to reflect the effect of the coronavirus (COVID-19) pandemic on companies’ businesses and how to correlate executive compensation with changing company priorities. Here is how compensation committees can approach this challenge in the coming months.

In this recorded webinar, we discuss the 10 most pressing employment law and human resources questions on managing employees during and after the COVID-19 lockdown.

Morgan Lewis partners and directors of Workplace Culture Consulting Chai Feldblum and Sharon Masling were quoted in a Law360 article about the Equal Employment Opportunity Commission’s (EEOC’s) latest guidance regarding testing employees for the coronavirus (COVID-19).

President Donald Trump signed a proclamation on April 22 suspending entry into the United States of certain groups of immigrants who would otherwise be eligible to enter the United States as permanent residents. There are a number of significant exceptions to this new policy, including for temporary workers and individuals currently in the United States. Here is what the restrictions mean for employers.

Russian courts introduced certain measures to prevent the coronavirus (COVID-19) spread. Affected parties should take these measures into consideration when developing their litigation strategies.

Morgan Lewis partner Mary “Handy” Hevener was quoted in a Wall Street Journal article about the CARES Act’s Paycheck Protection Program (PPP). In the article, she discusses the program and the need for the US Internal Revenue Service to provide clearer guidance on it.

Recent updates from Singapore amid the coronavirus (COVID-19) pandemic include elevated restrictions on what businesses are considered essential, a new facility for more affordable loans for small and medium-sized enterprises, and new research and development work.

The nationwide lockdown in India in response to the coronavirus (COVID-19) pandemic has been extended until May 3. The Indian government has permitted the operation of certain additional business activities from April 20 onwards.

Governor Charlie Baker signed emergency legislation on April 20 limiting evictions for residential and small business properties, and limiting foreclosures and requiring forbearance for residential properties. This legislation follows a number of actions by Governor Baker and the City of Boston to protect renters, homeowners, and small businesses during the coronavirus (COVID-19) pandemic.

In response to the coronavirus (COVID-19) pandemic, US bankruptcy courts have granted extraordinary equitable relief in some cases. As government orders enforcing stay-at-home measures have forced many businesses to shutter indefinitely, bankruptcy courts have implemented procedures to allow the ongoing—albeit virtual—administration of bankruptcy cases.

Recent announcements from the US Securities and Exchange Commission make it clear that, although it will not be business as usual, the agency will ably navigate the coronavirus (COVID-19) crisis and its work will move forward. However, over the next several months, the SEC and its staff will be confronted with choices about where and how to deploy the Commission’s limited enforcement and examination resources, and those decisions will have a profound effect on regulated entities.

Internal Revenue Service (IRS) regulations require that spousal consent to the waiver of a qualified joint and survivor annuity (QJSA) that is necessary to elect an optional retirement payment form must be signed in the “physical presence” of a plan representative or notary—a requirement that is difficult to satisfy in a time of social distancing due to the coronavirus (COVID 19) pandemic.

By the second week of March, the National Basketball Association, National Hockey League, Major League Soccer, and Major League Baseball had suspended games due to the coronavirus (COVID-19) pandemic. The good news for those missing the rush from watching a competitive game is that not all sports are suffering from the same challenges. Esports, the now mainstream billion-dollar industry, is on its way to being the most resilient sport during these devastating times.

The US Department of Labor’s chief administrative law judge (ALJ) issued a supplemental administrative order on April 10, extending the suspension of in-person hearings before the Office of Administrative Law Judges (OALJ).

As the coronavirus (COVID-19) pandemic evolves, governmental executive and legislative authorities are taking actions in the form of emergency declarations and proposed legislation that could improve a company’s ability to mitigate business income losses by maximizing its insurance recovery. Keeping an eye on these developments and documenting your losses accordingly could make all the difference.

The CARES Act provided economic relief to organizations facing financial challenges as a result of the pandemic. Claiming many of these benefits, however, requires organizations to navigate a complex web of eligibility requirements and select among mutually exclusive options. This recorded webinar provides an overview of these aid requirements for nonprofits, charitable organizations, and tax-exempt organizations.

The Nasdaq Stock Market has temporarily suspended the continued listing bid price and market value of publicly held shares listing requirements for its issuers through June 30, 2020. This relief, effective immediately, provides issuers with additional time to regain compliance with the bid price and/or market value of publicly held share requirements.

US Nuclear Regulatory Commission (NRC) regulations at 10 CFR 20.1703(c)(5)(iii) and 10 CFR 20.1703(c)(6) require licensees to maintain a respiratory protection program that requires (1) a periodic—often annual—determination by a physician that the user is medically fit to use respiratory protection, and (2) annual “fit testing” to ensure that the licensee’s respiratory protection seals tightly to the licensee’s face.

The UK government issued a Direction to HMRC on 15 April and published updated guidance on the Coronavirus Job Retention Scheme on 17 April. Most notable was the amended date that employees must have been on their employer’s payroll to qualify for the scheme, which has been brought forward from 28 February 2020 to 19 March 2020, allowing a larger number of employees to benefit. The Chancellor has also extended the scheme until the end of June 2020 (previously due to terminate on 31 May).

The US Securities and Exchange Commission, the Financial Industry Regulatory Authority, and state securities regulators recognize the significant impact of the coronavirus (COVID-19) pandemic on broker-dealers, investors, and other stakeholders, and have provided important guidance and relief to broker-dealers on how to meet some of these challenges.

Morgan Lewis partners Scott Fischer and Jay Konkel spoke with Law360 about proposed federal reinsurance program for coronavirus (COVID-19) pandemic risks.

This Insight authored by Morgan Lewis lawyers and published by Bloomberg Law poses 100 questions related to the COVID-19 payroll tax and fringe benefits provisions, which we have been explained in our LawFlashes.

The NRC’s Office of Enforcement (OE) recently issued Enforcement Guidance Memorandum (EGM) 20-002, providing guidance to NRC inspection staff for exercising enforcement discretion for licensees impacted by the coronavirus (COVID-19) pandemic.

The Internal Revenue Service and Pension Benefit Guaranty Corporation have extended the due dates for certain federal returns and payments. Affected filings will now be due on July 15, 2020. Interest, penalties, or additional taxes will not begin accruing until July 16, 2020.

Insurance regulators across the country have enacted emergency regulations, issued administrative guidance, and requested carriers to take certain actions to try to address the financial impact of the coronavirus (COVID-19) pandemic on individuals and businesses. Requirements imposed on or requested of health insurers to expand access to telehealth and eliminate or limit prior authorization or concurrent review have been widely reported, but there have been numerous other industry-wide actions. And, some state legislators have introduced bills to expand the scope of coverage to ameliorate the impact of the pandemic on insureds.

Morgan Lewis partner Reece Hirsch and associate Brian London authored a Law360 article about private investment funds and the California Consumer Privacy Act.

During this webinar, our lawyers will discuss tax changes brought by the Families First Coronavirus Response Act; the Coronavirus Aid, Relief and Economic Security (CARES) Act; and recent federal and state guidance intended to improve or preserve liquidity for taxpayers and their businesses during the COVID-19 pandemic.

In response to the current coronavirus (COVID-19) pandemic, federal, state, and local governments have taken various actions to limit or prohibit foreclosures and evictions during the public health emergency. Some of these actions also require forbearance in the enforcement of mortgage loans and leases.

The $100,000 limit on coronavirus related distributions (CVRD) under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) is both an individual limit and a plan limit. Tracking and enforcing the $100,000 limit has the potential to create special compliance issues for employers and controlled group affiliates that sponsor more than one retirement plan and have individuals with an account balance under more than one of those plans.

Governor Phil Murphy signed a suite of new laws on April 14 in response to the coronavirus (COVID-19) pandemic, including an amendment to New Jersey’s WARN Act providing relief to employers that conduct mass layoffs as a result of the current crisis. This law takes effect immediately and is retroactive to March 9, 2020.

Read the practical guidance provided by our labor and employment lawyers, highlighting key considerations employers should begin analyzing regarding how to reopen or expand operations. The focus is on what can be done now with the understanding that guidance on when and how workplaces can reopen or expand will rely in large part on jurisdiction-specific local orders and guidance.

As jurisdictions contemplate lifting pandemic-related workplace restrictions, employers must start considering how best to cope with a vast array of issues, including restarting or expanding operations, reintegrating remote-working or furloughed employees, implementing new state and local orders/requirements, and protecting the safety of employees and customers. Employers who proactively plan for these challenges will be best positioned to adapt to the “new normal.”

Not to be confused with the $100 billion in Provider Relief Funds established as grants to healthcare providers through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Congress also broadened the access to the Medicare Accelerated/Advanced Payment Program (AAPP) as a tool to address financial concerns associated with reduced cash flow during the pandemic.

As the coronavirus (COVID-19) pandemic rapidly evolves, global companies are looking for resources to protect their people and their businesses. Morgan Lewis lawyers are providing regular guidance as part of our CARES Act Webinar Series.

Morgan Lewis is staying informed on all of the developments surrounding the coronavirus (COVID-19) pandemic. Our healthcare team continues to follow developments, producing a number of publications and webinars to help keep our healthcare industry readers informed.

The US Nuclear Regulatory Commission (NRC) Office of Nuclear Reactor Regulation (NRR) issued a letter on April 14 to provide guidance on reactor operator licensing requirements during the coronavirus (COVID-19) pandemic.

The Singapore Ministry of Law has issued an order summarizing alternative arrangements during the coronavirus (COVID-19) global pandemic for convening, holding, conducting, or deferring general meetings pursuant to certain provisions of written law or legal instruments, while the Singapore Exchange Regulation Pte. Ltd. has introduced measures to support listed companies by suspending entry onto the Financial Watch-List and enhancing the share issue limit for companies listed on the Mainboard.

Our COVID-19 Healthcare Provider Update Webinar Series will address the evolving, unprecedented legal issues that arise from the coronavirus (COVID-19) pandemic.

The US Department of the Treasury on April 10 released updated criteria outlining which businesses are eligible to apply for CARES Act loans out of the $17 billion allocated for businesses “critical to maintaining national security.”

The joint statement recognizes that while the COVID-19 pandemic offers businesses an opportunity for procompetitive collaboration and benefits, it also increases significant risk of anticompetitive conduct in the labor market. Here are some issues and factors that businesses should consider to mitigate antitrust risk as the Antitrust Division and Federal Trade Commission continue to consider enforcement actions for antitrust violations.

In response to the coronavirus (COVID-19) pandemic, Russia has introduced non-work days through 30 April 2020 to keep people at home. The non-work days are mandatory for all employers with limited exemptions. On 2 April, President Vladimir Putin authorized the heads of subjects of the Russian Federation (Russia’s constituencies) to provide further exemptions or stricter rules depending on the epidemiological situation in a particular territory. In this alert we address the most recent restrictions introduced by the Mayor of Moscow, including the introduction of digital passes.

The US Department of Health and Human Services recently announced the use of blanket waivers for healthcare providers under the Stark Law, and its Office of Inspector General noted it will exercise enforcement discretion in imposing administrative sanctions related to such blanket waivers under the Anti-Kickback Statute.

The US Environmental Protection Agency (EPA) has released additional interim guidance for field work decisions at cleanup sites under EPA authority, emphasizing its commitment to ensuring the health and safety of the public, its staff, and others performing work at the sites. In its guidance, the EPA provides principles to consider when evaluating whether to proceed with or pause field work related to Superfund (CERCLA) cleanups, Resource Conservation and Recovery Act (RCRA) corrective actions, Toxic Substance and Control Act PCB cleanups, Oil Pollution Act spill responses, and Underground Storage Tank Program actions.

This discussion provides an overview of the Federal Reserve programs, including Main Street and other federal COVID-19 relief programs, and the loan programs under the CARES Act. The presentation highlights key aspects of the Main Street Lending Program broadly, with a focus on primary and secondary corporate credit facilities, the Paycheck Protection Program term financing, and the municipal liquidity facility.

Morgan Lewis partner Eric Namrow spoke with Bloomberg Law about the coronavirus (COVID-19) pandemic’s impact on US International Trade Commission (ITC) hearing cases. In the article, he discussed the limited flexibility in the ITC’s schedule and the possibility of virtual hearings.

Businesses that avail themselves of financial assistance under Section 4003 or 4116 of the CARES Act must limit compensation and severance paid to certain officers and employees.

In continued efforts to help taxpayers address the challenges brought on by the coronavirus (COVID-19) pandemic, the Internal Revenue Service announced further relief on April 9, including automatically extending deadlines for various filing and payment obligations and allowing tentative carryback refunds for net operating losses.

The US Department of Energy’s National Nuclear Security Administration (NNSA) recently posted guidelines on its continued operations during the coronavirus (COVID-19) pandemic. While NNSA personnel are mostly working remotely, the agency is otherwise operating business-as-usual.

Due to the economic and financial upheaval caused by the coronavirus (COVID-19) pandemic, many employees are asking their employers if they are able to cancel their deferral elections and/or receive accelerated payments from their nonqualified deferred compensation plan accounts to help offset financial difficulties they may be facing.

In response to the coronavirus (COVID-19) pandemic and the resulting economic fallout, the government of Kazakhstan has introduced several emergency measures to stabilize the country’s economy and help businesses. This LawFlash discusses some of those measures, including tax incentives and extended grace periods for loans, among others.

The European Commission has provided antitrust guidance to companies cooperating in response to urgent coronavirus (COVID-19) related matters, particularly in the health sector for critical hospital medicines and medical equipment, and has also exceptionally issued a “comfort letter” on a cooperation project in the generic pharmaceuticals sector aimed at ensuring the supply of critical hospital medicines. Other ad hoc “comfort letters” may follow at the EU Commission’s discretion.

The US Nuclear Regulatory Commission (NRC) issued a letter on April 9 to provide guidance on reporting requirements under 10 CFR 50.55a, “Codes and Standards,” in light of the coronavirus (COVID-19) pandemic. The guidance is applicable to nuclear reactors licensed under 10 CFR Part 50.

Loans for US small businesses to keep employees on payroll during business slowdowns resulting from the coronavirus (COVID-19) pandemic became available April 3 under the Paycheck Protection Program. Loan forgiveness may be available if businesses meet certain requirements.

In light of the coronavirus (COVID-19) pandemic, the Monetary Authority of Singapore, Accounting and Corporate Regulatory Authority, and Singapore Exchange Regulation on 7 April announced that they will automatically extend by 60 days the deadline for all companies to hold their annual general meetings.

The UK government published updated guidance on the Coronavirus Job Retention Scheme on 4 and 9 April, providing clarity on such issues as which employees can be furloughed, what activities are permissible during furlough leave, and how to calculate furlough payments. However, the government has yet to clarify formally how annual leave will operate with respect to furloughed employees.

Our COVID-19 Healthcare Provider Update Webinar Series will address the evolving, unprecedented legal issues that arise from the coronavirus (COVID-19) pandemic.

The US Nuclear Regulatory Commission (NRC) issued a letter including frequently asked questions (FAQs) on April 7 to all agreement and non-agreement states to address the NRC’s regulation of nuclear materials—and its policies and recent activities related thereto—in light of the coronavirus (COVID-19) pandemic. The NRC posted a copy of the FAQs to its password-protected Materials Security Toolbox and intends to update that site “as additional information becomes available.”

The threat of coronavirus (COVID-19) has caused a sudden, unprecedented disruption to many areas of our lives. The decision to suspend the English Premier League (PL) is far from the most important or immediate concern, but it does factor as one of the many social, cultural, and financial fallouts of the crisis. We explore some of the legal issues arising out of the current suspension of the 2019/20 season and the legal challenges the PL and its key stakeholders will be considering in relation to the prospect of a total cancellation.

To help address market participants in the face of the coronavirus (COVID-19) crisis, the Basel Committee on Banking Supervision and the International Organization of Securities Commissions have provided a one-year extension to the fifth and sixth phases of the implementation schedule of the rules requiring margin for uncleared swaps.

Guidance issued by New York state on April 8 clarifies that the state COVID-19 law did not create any new entitlement for employees of large employers to use Paid Family Leave during coronavirus (COVID-19) quarantines.

Morgan Lewis partner Matt Miner spoke with Global Investigations Review about the potential impact of the coronavirus (COVID-19) pandemic on the US government’s corporate enforcement efforts.

Please join us for a 90-minute webinar as we address key issues for hedge funds.

Morgan Lewis partner Andrew Budreika was quoted in an Advertising Specialty Institute article about the latest developments in the CARES Act’s Paycheck Protection Program (PPP).

The Coronavirus Aid, Relief, and Economic Security (CARES) Act offers broad-based economic support for companies contending with the disruptions caused by the coronavirus (COVID-19) pandemic. This LawFlash provides a comprehensive overview of the aid that is available to or directly affects banks and related companies.

The US Nuclear Regulatory Commission (NRC) issued a letter on April 7 to all NRC licensees authorized to possess byproduct, source, and special nuclear material – excluding operating power reactor and research test reactor licensees – outlining how those licensees might seek relief from certain regulatory requirements as a result of the coronavirus (COVID-19) pandemic.

As the outbreak of the coronavirus (COVID-19) continues, the Hong Kong Monetary Authority has introduced a number of initiatives to further support small-medium enterprises. These initiatives include enhancements to standby liquidity facilities, including that banks may temporarily operate with a lower liquidity ratio and defer the implementation of certain aspects of Basel III.

Increased measures to preempt the spread of coronavirus (COVID-19) in Singapore may cause disruption to commercial contracts, as parties unable to perform their obligations could invoke force majeure.

In light of the coronavirus (COVID-19) crisis, the Government of the Hong Kong Special Administrative Region of the People’s Republic of China (HKSAR) introduced a new Prevention and Control of Disease (Prohibition on Group Gathering) Regulation (the Group Gathering Regulation), which became effective on March 29.

The Families First Coronavirus Response Act imposes a mandate on all employers with fewer than 500 employees, and on all federal and state employers, to provide emergency paid sick leave and emergency paid FMLA leave to employees who need leave for reasons connected to the coronavirus (COVID-19) public health emergency. Employers (other than federal and state employers) will receive a tax credit equal to 100% of the money they spend on the paid leave mandated under the law. The law is in effect from April 1, 2020 until December 31, 2020.

Russia’s state support for Russian businesses amid the unprecedented consequences of the coronavirus (COVID-19) pandemic has been so far focused primarily on small and mid-sized businesses. This LawFlash examines the measures Russia is taking or considering to support larger businesses coping with COVID-19.

With effect from 6 April, the UK government has increased the “prescribed part”—a portion of floating charge realisations that is set aside for unsecured creditors on a company’s insolvency—from £600,000 to £800,000.

Both borrowers and lenders need to be aware of issues arising from a new US government loan program for small businesses relative to existing capital structures, although some guidance also is not yet available. Both borrowers and lenders may also request negotiations of various terms.

Japanese government officials have issued a broad travel ban, expanded to include major trading partners such as the United States, all of China, and Great Britain. With no state of emergency or stay-at-home orders currently in effect, there are ways multinational companies can continue their business and transactions in Japan during the coronavirus (COVID-19) pandemic.

On March 30, 2020, the Centers for Medicare & Medicaid Services released a stunning and far-reaching interim final rule to address the coronavirus (COVID-19) crisis. The rule is a comprehensive set of policy changes designed to—almost overnight—shift the provision of healthcare services to Medicare beneficiaries from face-to-face care to remote care through telehealth. Healthcare providers must quickly understand what the rule entails to ensure that they can continue to treat their needy patient populations while maintaining compliance with Medicare billing and benefit rules.

Given the number of employees and independent contractors working remotely, it is a good time for companies to reassess their trade secret policies and remind all personnel of their obligations to maintain and protect the confidentiality of company information.

As we recently reported, the US Nuclear Regulatory Commission (NRC) is prepared to grant exemptions to the work-hour controls in 10 CFR 26.205(d)(1)-(7) if the coronavirus (COVID-19) public health emergency affects a licensee’s staffing for workers who fall within the scope of Part 26.

The designation of the food industry as critical infrastructure in the context of the coronavirus (COVID-19) pandemic has led to necessary and sensible efforts to realign the federal regulatory landscape to facilitate this essential activity, without compromising the public interest.

The Center for Medicare and Medicaid Services (CMS) released a far-reaching interim final rule (IFR) to address the coronavirus (COVID-19) pandemic on March 30. The IFR represents a comprehensive set of policy changes designed to shift the provision of Medicare services from face-to-face care to remote care through telehealth, in order to mitigate the risks of exposure to COVID-19 for patients and healthcare providers. Above all else, the IFR prioritizes physically distancing patients from their care teams and other patients.

Texas Governor Greg Abbott issued Executive Order GA-14 on March 31, directing every person in Texas to minimize social gatherings and in-person contact with people who do not live in the same household except where necessary to provide or obtain essential services.

Join us for a special Fast Break session on April 2 as we discuss the legal ramification of these changes and how they are being implemented by the healthcare industry.

Our COVID-19 Healthcare Provider Update Webinar Series will address the evolving, unprecedented legal issues that arise from the coronavirus (COVID-19) pandemic. We will host updates on Tuesdays and Thursdays at 12:00 pm ET. Visit our Healthcare Provider Update page for additional information and a full list of upcoming sessions.

The court held in an April 1 ruling that an employer’s purported nonaccrual, “unlimited” paid vacation policy violated California Law, but left many questions unsettled. Employers with “unlimited” vacation policies should promptly review their policies to ensure compliance, and should also assess how their policies interact with other types of leave, such as those granted by Congress recently in response to the coronavirus (COVID-19) crisis.

Firms will need to separately engage with the US Securities and Exchange Commission on delays related to the coronavirus (COVID-19) pandemic.

The Morgan Lewis healthcare team continues to monitor the developments surrounding the coronavirus (COVID-19) pandemic. We are acutely aware of what the healthcare service provider community is currently facing and are here to help.

Morgan Lewis Automotive Hour is a series of automotive and mobility industry–focused webinars led by members of the Morgan Lewis global automotive team.

With broad bipartisan support, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or Act), signed into law by the president on March 27, provides a $2 trillion economic stimulus and contains numerous and significant retirement plan, health plan, and payroll tax and fringe benefit changes to help businesses and individuals.

In light of the coronavirus (COVID-19) outbreak, the US Food and Drug Administration (FDA) recently issued a guidance on adverse event (AE) report for drugs, biologics, medical devices, dietary supplements, and other products during pandemics, Postmarketing Adverse Event Reporting for Medical Products and Dietary Supplements During a Pandemic (the Guidance).

In response to the coronavirus (COVID-19) pandemic, on April 1, US Citizenship and Immigration Services confirmed that its offices would remain closed to the public until at least May 3.

The Singapore Ministry of Health (MOH) imposed tighter safe-distancing measures on 24 March to minimize further spread of the coronavirus (COVID-19). Because of the fluid and unpredictable nature of COVID-19, companies and shareholders must maintain flexibility throughout this emergency and implement alternative means to ensure compliance with MOH directives.

The Hong Kong Securities and Futures Commission has released a number of circulars relating to COVID-19, including March 31 guidance on licensing and ongoing compliance matters. This LawFlash provides an overview of the guidance and its implications for licensed corporations.

The Coronavirus Air, Relief, and Economic Security (CARES) Act includes provisions to assist small business customer payroll and payment of telephone and internet bills and, in addition to other recently passed acts, aims to expand access to telehealth.

Morgan Lewis partner Harry I. Johnson, III will be speaking at the upcoming webinar, “Labor-Management Relations in the Midst of a Pandemic: Conflict or Accommodation?”, hosted by Cornell University and The Center on Innovative Hospitality Labor and Employment Relations (CIHLER).

US Citizenship and Immigration Services (USCIS) issued a statement on March 13, 2020, clarifying that receipt of any treatment or preventive services related to the coronavirus (COVID-19) will not negatively affect an individual as part of a future Public Charge Rule analysis. This alert answers several frequently asked questions on how the receipt of COVID-19-related services will be considered under the new rule.

As the coronavirus (COVID-19) pandemic continues to evolve, regulatory and legislative authorities are taking actions, in the form of directives and orders, that could directly impact companies’ business interruption coverage. Careful review of insurance policies and insurers’ responses in light of these actions, as well as monitoring of regulatory and legislative developments, will be critical in preserving companies’ rights to coverage for COVID-19 losses.

In response to the coronavirus (COVID-19) pandemic, New Jersey Governor Phil Murphy has announced an initiative whereby participating financial institutions will provide mortgage forbearance and financial protections for New Jersey residents facing economic hardship as a result of COVID-19.

The UK Home Office on 30 March temporarily relaxed the right to work check requirements for employers due to the coronavirus (COVID-19) outbreak.

The $2 trillion economic stimulus package laid out in the Coronavirus Aid, Relief, and Economic Security (CARES) Act includes $11 billion in appropriations for vaccines, therapeutics, and other medical needs, and $34.9 billion supporting agriculture, rural development, the US Food and Drug Administration, and related industries. This LawFlash addresses the act’s drug, device, and food product provisions, and outlines the impact of those provisions on manufacturers and other affected parties.

The Coronavirus Aid, Relief, and Economic Security Act establishes mechanisms for relief that healthcare providers are anxious to access. This alert outlines those mechanisms.

President Donald Trump signed the $2.2 trillion Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act) into law on March 27. The CARES Act aims to offer economic relief to companies and their employees due to the coronavirus (COVID-19) pandemic in the United States. Although the Act does not expressly provide relief for energy companies, many of its provisions impact energy sector companies.

In updated guidance to the Coronavirus Job Retention Scheme announced March 20, the UK government gives employers much needed clarity about how the scheme will work in practice, as well as details on the permitted carryover of annual leave.

A new law in Germany aims to benefit consumers and microenterprises by protecting the loss of essential services in the form of temporary deferrals of contractual obligations and loans during the coronavirus (COVID-19) pandemic.

A number of updates to the arrangements in the English and Welsh Courts have been made since our last update on 26 March, including the expanded use of video and audio conferencing.

As the coronavirus (COVID-19) continues to spread around the world, this remains an unprecedented time for global industry. The same is true for outsourcing and managed services arrangements: both service providers and customers find themselves under unique pressures and in unchartered circumstances testing the parameters and strengths of their solutions and business continuity plans.

As we reported on Health Law Scan, the Centers for Medicare and Medicaid Services (CMS) issued an Open Payments COVID-19 Announcement on March 25, citing its plans to exercise enforcement discretion regarding the late or incomplete submission of Program Year 2019 data in some cases.

Please join Morgan Lewis corporate partner and shareholder activism defense practice leader Keith E. Gottfried and corporate partner Sean M. Donahue for the webinar, "Shareholder Activism Defense: Impact of COVID-19 on Shareholder Activism.”

The US Environmental Protection Agency announced a temporary policy regarding its enforcement of certain environmental legal obligations in an effort to protect workers and the public from exposure to the coronavirus (COVID-19).

The US Department of Labor (DOL) issued additional frequently asked questions on March 27 to explain how the recently enacted Emergency Paid Sick Leave Act and the Emergency Family Medical Leave Expansion Act (Emergency FMLA) will work in various situations during the coronavirus (COVID-19) crisis.

In response to the coronavirus (COVID-19) pandemic, US Citizenship and Immigration Services (USCIS) on March 25, 2020, extended suspension of routine in-person services until at least April 7, 2020. USCIS had previously announced it would temporarily close its domestic field offices and asylum offices to the public from March 18 until April 1.

Due to Coronavirus (COVID-19) pandemic, US Citizenship and Immigration Services (USCIS) announced today that applicants and petitioners who receive a Request of Evidence (RFE) or Notice of Intent to Deny (NOID) dated between March 1, 2020, and May 1, 2020, will receive an additional 60 calendar days after the response deadline set forth in the RFE or NOID notice to submit a response before any action is taken.

This is the first in a series of alerts from Morgan Lewis’s investment management team in Tokyo that summarize how the coronavirus (COVID-19) global pandemic impacts investment fund-related businesses in Japan. This first alert summarizes how the pandemic impacts annual business report filing requirements, particularly for financial instruments business operators and business operators conducting permitted businesses for qualified institutional investors under Article 63 of the Financial Instruments and Exchange Act.

As the effects of the coronavirus (COVID-19) pandemic hit the United States, downsizings and shutdowns are spreading indiscriminately throughout the economy.

The ultimate impact of the coronavirus (COVID-19) pandemic on shareholder activism remains largely uncertain and comparisons with the surge in activism that followed the 2008 global financial crisis are tempting, but suspect as it remains questionable whether activists can still rely on the same forces that have been driving activism.

Join us for an upcoming webinar on medical waivers. Our COVID-19 Healthcare Provider Update Webinar Series will address the evolving, unprecedented legal issues that arise from the coronavirus (COVID-19) pandemic. We will host half hour updates on Tuesdays and Thursdays, from 12:00 to 12:30 pm ET. Visit our Healthcare Provider Update page for additional information and a full list of upcoming sessions.

Join us for a 90-minute webinar where we will discuss issues surrounding employment contracts and policies. We will also begin the webinar by covering the broader employment law and HR challenges for businesses arising out of the current viral outbreak.

In light of the hand sanitizer shortage during the coronavirus (COVID-19) pandemic, many manufacturers are seeking alternative sources of alcohol for incorporation into their hand sanitizer products.

While offering guidance on which financial services workers could be considered essential, the UK Financial Conduct Authority says that firms themselves are best placed to make those decisions.

New guidance from UK Competition and Markets Authority allows coordination between businesses in certain circumstances, such as to avoid shortages, protect the public interest, and safeguard health, amid the coronavirus (COVID-19) pandemic. However, the guidance also underscores that the UK authority will not tolerate coordination between businesses or unilateral conduct by a business with significant market power that seeks to exploit the crisis.

Companies complying with orders under the Defense Production Act should be aware, and prepared to manage, potential False Claims Act liability that arises with government funding.

During the coronavirus (COVID-19) outbreak, FDA guidance allows healthcare providers to prescribe drugs subject to Risk Evaluation and Mitigation Strategies without conducting the required laboratory tests or imaging studies. Providers should communicate their medical judgments and the risks to their patients, and manufacturers should document and summarize steps taken to accommodate patient access to such drugs in their next REMS assessment report to FDA.

During the economic upheaval caused by coronavirus (COVID-19), defined contribution plan participants (i.e., participants in 401(k) plans, 403(b) plans, etc.) may look to their plan account balances to alleviate financial challenges.

Join us for a webinar as we share practical perspectives to help guide legal departments, business leaders, and boards through the broad scope of corporate, M&A, and capital markets issues brought on by this public health challenge.

The US Securities and Exchange Commission announced on the morning of March 25 the extension of filing periods covered by previously enacted conditional reporting relief for certain public company filing obligations, and provided current views regarding disclosure considerations and other securities law matters related to the coronavirus (COVID-19) crisis.

The US Securities and Exchange Commission is providing increased flexibility to certain open-end funds and insurance company separate accounts, plus no-action relief to money market funds and their affiliates amid the coronavirus (COVID-19) pandemic.

In response to the coronavirus (COVID-19) crisis, New York Governor Andrew Cuomo has issued two executive orders that place temporary restraints on the ability of banks, residential mortgage servicers, and landlords to exercise remedies under certain agreements, mortgages, and leases.

This LawFlash addresses the potential impact of anti-price-gouging efforts by government enforcement officials on anticipated civil litigation, particularly class actions premised on state unfair and deceptive practices acts. Many parties in the supply chain for food, emergency, and medical supplies, as well as consumer goods, are potentially subject to price-gouging investigations by government officials and each therefore face risk from consumer actions based on the same alleged underlying conduct.

In response to the coronavirus pandemic, the UK government announced “£330 billion of guarantees,” which is divided into two schemes: the Covid Corporate Financing Facility and the Coronavirus Business Interruption Loan Scheme.

The Internal Revenue Service on March 24 published a first set of answers to frequently asked questions regarding the federal income tax return filing and payment relief provided in Notice 2020-18. This LawFlash discusses the clarifications provided by the FAQs, and where questions remain.

The California attorney general on March 12 released additional modified regulations (Second Set of Modifications) proposing further refinements to the California Consumer Privacy Act. This latest set are mostly minor adjustments, introducing fewer significant new concepts than the previous iterations on October 11, 2019 and February 7 and 10, 2020. Against this backdrop, businesses responding to the coronavirus (COVID-19) outbreak seek enforcement delays as the regulations approach final form.

Join us for a webinar addressing frequently asked benefits questions, top-of-mind workplace concerns, and guidance for companies navigating the rapidly changing situation across the globe.

The UK government recently announced a series of further initiatives to support British businesses in the face of the coronavirus (COVID-19) pandemic, including a VAT deferral and business rate holidays.

Employers with self-insured health plans may be thinking about making coronavirus (COVID 19)-related changes, such as waiving the patient responsibility portion of the charge for a hospital stay that is related to COVID-19. If there is stop loss insurance, it is important to consider the implications of a plan design change.

This LawFlash covers the regulatory relief that has been granted thus far, and where government enforcement and program integrity fits against that backdrop.

In light of the coronavirus (COVID-19) pandemic, here are some questions for employers to consider with regard to Form I-9 compliance.

Join us for a webinar covering the legal and practical considerations associated with potential workforce change as a result of COVID-19.

Aided by ingenuity and growing regulatory flexibility, retail pharmacies across the country are finding ways to serve their customers while reducing face-to-face contact. Protocols may vary by state.

The Federal Communications Commission is easing gift rules for participants in the RHC and E-Rate programs so that broadband providers can help support these critical institutions responding to the coronavirus.

The Federal Communications Commission provided narrow relief to certain entities allowing the use of automatic telephone dialing systems to send “informational” communications directly related to the coronavirus (COVID-19) outbreak without violating the Telephone Consumer Protection Act.

This edition of Morgan Lewis Retail Did You Know? examines the impact of anti–price-gouging efforts by government enforcement officials in the time of the coronavirus (COVID-19) pandemic.

Morgan Lewis partners Jennifer Breen and Steven Johnson’s letter to the US Internal Revenue Service (IRS) regarding the coronavirus (COVID-19) outbreak was cited in a Tax Notes article about close-of-tax year issues.

Our employee benefits and executive compensation practice is available to help employers evaluate and troubleshoot potential issues arising from the changing work environment and economic situation caused by the COVID-19 pandemic.

New Jersey Governor Phil Murphy on March 21 signed Executive Orders 107 and 108, which took effect at 9:00 pm the same day. Executive Order 107 mandates that all residents remain home unless performing certain delineated activities; orders the closure of brick-and-mortar retail locations of all non-essential businesses; and instructs all businesses and nonprofits—even those deemed essential—to implement telework or work-from-home options for employees, to the extent practicable.

In light of the hand sanitizer shortage during the coronavirus (COVID-19) emergency, many companies have been trying to find alternative sources of product, especially employers in healthcare and essential service sectors where employees are still present or interacting with consumers. In response, the US Food and Drug Administration (FDA) issued guidance on March 20 for the manufacture of hand sanitizers by companies not previously registered to make over-the-counter (OTC) drugs.

The White House is reportedly in discussions with US auto companies to aid in the COVID-19 relief effort by producing ventilators, and some US distilleries have already switched manufacturing operations to make hand sanitizer.

Two days after extending by 90 days the deadline for payment of certain federal income taxes, on March 20, US Secretary of the Treasury Steven Mnuchin announced that the Internal Revenue Service will also extend the deadline for filing federal income tax returns to July 15, 2020. The IRS confirmed Secretary Mnuchin’s announcement by releasing Notice 2020-18, which supersedes Notice 2020-17 (discussed in our March 19 LawFlash).

Functioning critical infrastructure is crucial during the response to the coronavirus (COVID-19) emergency for public health and safety reasons. And as noted in the Coronavirus Guidelines for America issued on March 16, US President Donald Trump has recommended that workers in critical infrastructure industries have a “special responsibility” to maintain normal work schedules. The Cybersecurity and Infrastructure Security Agency (CISA) on March 19 issued guidance on defining the Essential Critical Infrastructure Workforce. That guidance explicitly discusses workers in the nuclear and electric industries.

Functioning critical infrastructure is crucial during the response to the coronavirus (COVID-19) emergency for public health and safety reasons. And as noted in the Coronavirus Guidelines for America issued on March 16, US President Donald Trump has recommended that workers in critical infrastructure industries have a “special responsibility” to maintain normal work schedules. The Cybersecurity and Infrastructure Security Agency (CISA) on March 19 issued guidance on defining the Essential Critical Infrastructure Workforce. That guidance explicitly discusses workers in the nuclear and electric industries.

The Families First Coronavirus Response Act (Act), signed into law Wednesday, requires group health plans to provide coverage for coronavirus (COVID-19) diagnostic testing, including the cost of healthcare provider visits (as well as telehealth visits), urgent care center visits, and emergency room visits in order to receive testing. Coverage must be provided at no cost-sharing to participants.

The spread of the coronavirus (COVID-19) continues to impact global financial markets and private funds. Private investment fund managers should consider—in addition to the potential economic exposure from unsteady financial markets—numerous risks to their businesses and the funds they manage from operational and other disruptions that may occur as a result of the global pandemic.

As we noted in our previous Health Law Scan blog CMS Issues Program Instructions for Medicare Telehealth Waiver, CMS issued program instructions on March 17 to implement the Medicare telehealth waiver in response to the coronavirus (COVID-19) crisis.

The coronavirus (COVID-19) pandemic is historic, fast-moving, and constantly evolving. While the most immediate concerns involve the public health and restoring business operations to normalcy, certain steps may be necessary in the near term to protect your insurance assets, which may help mitigate financial losses.

The Federal Housing Finance Agency (FHFA) and the US Department of Housing and Urban Development (HUD) announced on March 18 that they have directed Fannie Mae and Freddie Mac, the government sponsored enterprises (GSEs), to suspend foreclosures and evictions for at least 60 days due to the coronavirus (COVID-19) national emergency.

FERC and NERC issued a joint notice on Wednesday providing compliance flexibility on certain key reliability standard requirements during the ongoing coronavirus (COVID-19) pandemic. Although this guidance can allow utilities to avoid findings of noncompliance for certain requirements where timely compliance activities could be difficult due to personnel shortages and other limitations, this is not a blanket waiver. Instead, utilities must provide written notices of their intent to use this guidance. The content of those notices must be drafted carefully as they will be necessary to demonstrate compliance in future reviews.

The coronavirus (COVID-19) outbreak has urged the Russian authorities to take immediate steps to respond to the pandemic. The rules apply to every employer in Russia, whether a governmental agency or a company, or a branch or representative office of a company, including foreign companies. We summarize some of them below.

In addition to the federal government action to provide paid leave to workers impacted by the coronavirus (COVID-19) outbreak, numerous states and local governments have proposed, and in a few cases enacted, additional leave laws that would also benefit impacted workers.

The New Jersey Department of Labor & Workforce Development (NJDOL) has issued guidance for employees on navigating coronavirus (COVID-19) issues using benefits already available statewide, which the NJDOL touts as “among the most comprehensive… in the country, [and] which cover all employees.”

In the face of the coronavirus (COVID-19) pandemic, the US president’s National Emergency Declaration, issued on March 13, set in motion several actions required of other agencies to provide the regulatory relief needed to ensure that healthcare providers have flexibility in responding quickly to the growing need in the United States.

Consular sections of US embassies around the world, as well as US Citizenship and Immigration Services, are beginning to announce cancellations of certain in-person services, including routine nonimmigrant and immigrant visa appointments, in response to the coronavirus (COVID-19) pandemic.

As countries grapple with the spread of the coronavirus (COVID-19) pandemic, recent international travel restrictions have been put in place around the world, including in Europe, Canada, India, and Australia. This LawFlash covers the latest travel impacts in those areas and discusses visa and other considerations for international travelers, employers, and employees.

In responding to the coronavirus (COVID-19) pandemic, the mantra of “working together” is heard often. But as businesses confront sudden and extensive demand and supply disruptions—and a range of sometimes conflicting information and guidance from the public sector about the health crisis—questions inevitably arise about the extent to which the private sector can coordinate its responses consistent with the antitrust laws.

The US Securities and Exchange Commission on March 13 announced temporary regulatory relief for registered investment advisers and exempt reporting advisers as well as for registered funds, registered unit investment trusts, and business development companies whose operations may be affected by the coronavirus (COVID-19). Most notably, the relief provides up to an additional 45 days for eligible advisers and funds to satisfy relevant filing and delivery requirements, and exempts eligible funds from in-person voting requirements.

Following President Donald Trump’s national emergency declaration on March 13, the US Department of Health and Human Services has finalized licensure waivers that would permit physicians participating in Federal health care programs to receive payment for telemedicine services in states where they do not hold a license during the coronavirus (COVID-19) emergency. The waivers were published on March 15, with a retroactive effect back to March 1.

With significant business disruptions occurring as a result of coronavirus (COVID-19), companies should consider how insurance coverage, including business interruption, supply chain, and event cancellation coverage, can help mitigate losses.

As the coronavirus (COVID-19) continues to spread in the United Kingdom, employers must ensure that they remain compliant with current employment and data protection laws in dealing with the myriad of issues that may arise, and keep up to date with UK government information and recommendations as the situation changes daily.

The US Environmental Protection Agency (EPA) recently released a new list of disinfectants that can be used against the virus that causes the coronavirus (COVID-19) disease.

The EU watchdog, The European Securities and Markets Authority (ESMA), which coordinates securities market supervision across the 27 countries of the European Union, announced on March 11 that it was prepared to use its powers to ensure the orderly functioning of markets, financial stability, and investor protection, and issued the following recommendations to financial market participants (FMPs) in the European Union.

Morgan Lewis partner Jennifer Breen spoke with Law360 about the US Internal Revenue Service’s response to Coronavirus COVID-19.

The pharmaceutical and biotech industries are assessing how the coronavirus (COVID-19) pandemic may impact business operations. Presently, most countries have confirmed cases of COVID-19 and thousands of people have had confirmed diagnoses. Given the global impact of this virus, the global nature of the pharmaceutical and biotech industry, and the rapidly changing infection landscape, key operational areas will be impacted, and understanding the regulatory and legal implications of these effects and steps to mitigate them are critical.

Tax Notes featured a March 12 letter to the IRS authored by Morgan Lewis partners Jennifer Breen and Steven Johnson. The letter outlines recommendations on how the agency can best address the myriad of questions and compliance issues resulting from the growing reach of COVID19.

An Insight article authored by Morgan Lewis partner Tess Blair, senior attorney Vincent Catanzaro, special legal consultant Axel Spies, and of counsel Jennifer Williams was cited in a Straits Times article about navigating privacy compliance during the 2019 Novel Coronavirus (COVID-19) outbreak.

The US Food and Drug Administration is working to facilitate emergency use authorization for coronavirus (COVID-19) medical devices, including diagnostic tests and respirators, while also working with the Federal Trade Commission to crack down on unapproved products.

In this LawFlash, Morgan Lewis healthcare industry partner Susan Feigin Harris analyzes recent CMS guidance on Emergency Medical Treatment and Labor Act (EMTALA) requirements and implications related to the coronavirus (COVID-19).

The IRS issued guidance on March 11 that clears the way for employers to offer employees covered by a high-deductible health plan (HDHP) testing and treatment for the 2019 Novel Coronavirus (COVID-19) with no deductible or at a lower deductible.

The Centers for Medicare & Medicaid Services (CMS) issued a statement on March 9 related to actions the agency is taking to protect the health and safety of patients and providers. CMS urges providers to stay abreast of CDC guidance on the 2019 Novel Coronavirus (COVID-19).

As part of emergency funding to combat the threat of the 2019 Novel Coronavirus (COVID-19), last week Congress waived many of the telehealth restrictions for Medicare services in certain situations. This monumental change could—depending on how it is implemented—radically alter how telehealth is performed in connection with the government’s most ubiquitous healthcare program.

Recent guidance from the Office for Civil Rights and the Centers for Medicare and Medicaid Services reiterates that existing privacy laws and emergency preparedness standards provide an effective framework for providers during the 2019 Novel Coronavirus outbreak.

As employers prepare plans to handle possible alternate employee work arrangements in light of the 2019 Novel Coronavirus outbreak, it is important to keep in mind how these plans and policies—including telework policies—may affect foreign national employees working pursuant to US work visas.

The Asset Management Association of China encourages new private equity funds to invest in medical enterprises related to epidemic prevention and control, and has extended certain reporting deadlines.

The 2019 Novel Coronavirus (COVID-19) outbreak has led to travel bans and restrictions, the lockdown of cities, and the quarantine of individuals. These government measures have disrupted businesses and supply chains, and many companies listed on the Singapore stock exchange have announced disruptions to their operations in China, including factory and store closures.

The UK government has published a policy paper detailing its new points-based immigration system, as well as updates on right to work checks for EEA nationals and guidance for individuals unable to return to China from the United Kingdom due to the 2019 Novel Coronavirus outbreak.

With the situation surrounding the 2019 Novel Coronavirus rapidly changing, key practical considerations for financial institutions regulated by the Hong Kong Securities and Futures Commission and Hong Kong Monetary Authority include business continuity planning, contract issues, and notification and filing requirements.

In the changing employment environment surrounding the current outbreak of the 2019 Novel Coronavirus (COVID-19) in the People’s Republic of China (PRC), salary payment standards are governed by local rules and emergency measures. This LawFlash provides a summary of the different standards as of February 3.

This Lawflash provides multinational companies with operations in the People’s Republic of China (PRC) with some guidance on how to handle the challenging employment issues during this time.