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COVID-19 Legal Resources

Olshan Frome Wolosky LLP is gathering information related to COVID-19 issues and concerns to assist clients in navigating the national and New York states of emergency.

We will continue to prepare updates during this fluid situation. Clients and friends are encouraged to contact us with specific legal or operational questions or issues.

The Paycheck Protection Program Flexibility Act of 2020 (H.R. 7010)

On June 5, 2020 (the Enactment Date), the President signed the Paycheck Protection Program Flexibility Act of 2020 (the Flex Act), after the Senate approved the House bill without change. While the Flex Act makes welcome improvements to the Paycheck Protection Program (PPP), implementing administrative guidance remains necessary. On June 8, the SBA issued a press release clarifying a key Flex Act provision on loan forgiveness and outlining its initial regulatory priorities (the Press Release). Read More ›

New York State Courts

On March 20, Governor Cuomo issued an Executive Order tolling time limits for (among other things) commencement of actions, deadlines for motions, and deadlines for appellate filings.  These deadlines have since been extended to June 6, 2020.  Read More ›

Main Street Loan Facilities

On May 27, 2020, the Federal Reserve released additional guidance on the Main Street Lending Program, completely replacing an earlier set of FAQs (April 30, 2020) with new FAQs and issuing model loan documents.  This post reflects the new guidance. Read More ›

COVID-19-Related Telemarketing Developments

We continue to monitor the effects of the COVID-19 pandemic on telemarketing regulations. The FCC has allowed health care providers to place emergency automated calls and text messages related to COVID-19, but three states have seen new telemarketing restrictions triggered by state-of-emergency declarations. Meanwhile, California is considering changes to its telemarketing statute unrelated to the pandemic. The following summarizes these recent developments: Read More ›

SEC Brings Enforcement Actions Against Companies for Misleading COVID-19 Claims

The U.S. Securities and Exchange Commission (the “SEC”) filed enforcement actions on May 14, 2020, against two unrelated companies, Turbo Global Partners, Inc. (“Turbo”) and Applied BioSciences Corp. (“APPB”). The SEC charged both companies with securities fraud based on alleged materially misleading statements that the companies were offering and shipping products to combat the coronavirus (COVID-19). These actions taken by the SEC are consistent with approaches taken by other regulators, including the Federal Trade Commission and Food and Drug Administration (the “FDA”), with regard to misleading statements made in connection with coronavirus-related products. On the whole, regulators appear to be particularly cognizant of businesses and individuals seeking to take improper advantage of the circumstances created by the global pandemic, and as such are taking action against such companies and individuals. Read More ›

Congresswoman Proposes Federal Pandemic Insurance Plan

As the battle over insurance for COVID-19 losses rages in courts, one congresswoman has proposed a bill aimed at creating protections from the next pandemic. Read More ›

Living with a PPP Loan (Part II)

As the U.S. Small Business Administration and lenders deploy resources from the Paycheck Protection Program ("PPP") businesses owners need to know what they need to do to ensure the loan is forgiven so they are not saddled with unnecessary debt. Stay up to date on recently released guidance and the tools you will need to make sure you properly apply for PPP loan forgiveness.

This PowerPoint presentation will provide an overview of PPP loan forgiveness, documents you will need to prepare, and pitfalls to avoid to ensure your loan is forgiven.  Read More ›

Employee Benefits Update – DOL Guidance

One of the major challenges presented by COVID-19 is complying with time-sensitive deadlines. Following the lead of other agencies, the Department of Labor ("DOL") recently issued a notice (the "Notice") and FAQs providing deadline relief and guidance to employee benefit plans, sponsors, fiduciaries, participants and beneficiaries subject to the Employee Retirement Income Security Act ("ERISA"). This client alert explains the new guidelines and related considerations.  Read More ›

PPP LOAN UPDATE: Extension of Safe Harbor Repayment Date to May 18

Following up on the certification relief announced May 14 in Q&A-46, the SBA issued new Q&A-47, extending the safe harbor repayment date for a PPP loan from May 14 to May 18 for a borrower that determines that it can no longer certify that “[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations.”  While welcome, this extension does not add much on the certification issue, because a borrower can obtain the same protection afforded under the safe harbor (as announced in Q&A-31 and Q&A-43) by taking advantage of the certification relief announced in Q&A-46 (which allows a borrower to repay a PPP loan upon notification from the SBA in the event of a certification failure after SBA loan review). Read More ›

PPP Loan Update – SBA Allows LLCs and Partnerships to Seek PPP Loan Increase

Well after the Paycheck Protection Program (PPP) loan window opened, the Small Business Administration (SBA) unexpectedly changed the treatment of limited liability company members and partners, essentially recharacterizing them as employees (instead of self-employed individuals) for PPP loan purposes.  Because this regulatory change came so late in the game, many partnerships and LLCs did not take into account member/partner compensation on their PPP loan applications, causing these early birds to understate their requested loan amount. Read More ›

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