Statute of Limitations Tolled in California Amid Pandemic
8/3/20
By: Matthew Jones In response to the COVID-19 pandemic, California’s Governor Gavin Newsom issued a “state of emergency” for the entire State. In response, the California Judicial Council adopted several Emergency Rules to implement during the pandemic. In particular, Rule 9 states that all statute of limitations for civil causes of action are tolled from April 6,…
Finding Shelter from the Storm: SBA Issues New Guidance on Safe Harbors for PPP Borrowers
5/20/20
By: Anastasia Osbrink The safe harbor period for businesses that received the Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”) loans expired on May 18, 2020 after a 4-day automatic extension. That safe harbor provided that businesses that repaid loans by that date would automatically be deemed to have satisfied the “good faith” requirement of…
5/14/20
By: Janet Barringer, William Gildea and Kevin Kenneally In the wake of alarming reports from other states that nursing homes were forced to accept known COVID-19 positive residents, a policy which may have caused the spike in healthy nursing home residents becoming infected, Massachusetts has proposed sweeping legislation to protect senior citizens and to require…
Massachusetts: Relief Funds For Nursing Home & Other Long-term Care Facilities Fighting COVID-19
4/27/20
By: Janet Barringer and William Gildea Massachusetts Governor Charlie Baker announced on April 27, 2020 the Commonwealth will allocate $130 Million to nursing homes and other long-term care facilities in Massachusetts to assist in the ongoing battle against COVID-19. The COVID-19 Nursing Facility and Accountability Support document states “[n]ursing facilities account for more than half…
Supreme Court to Hear Arguments Remotely, Including TCPA Constitutional Challenge
4/16/20
By: Matthew Foree This week, the United States Supreme Court announced that it would hear oral arguments remotely for the first time in its history. The Court will hear oral arguments by telephone conference on certain dates in May in a limited number of cases that had previously been postponed. The cases are to be…
4/15/20
By: Jill Dunn and Travis Cashbaugh As COVID-19 continues to disrupt financial markets and businesses across the country, now is a good time for borrowers and lenders to review the terms of any loan documents to consider the impact of recent developments on their rights and obligations. FMG’s April 16th, 2020 Webinar, COVID-19’s Cascading Impact…
COVID-19: Bankruptcy and its Impact on Managing Risk
4/7/20
By: Jake Carroll In the wake of COVID-19 and the now-present economic uncertainty, individuals and companies may be considering the impacts of bankruptcy. While bankruptcy can offer certain protections, including delayed payments, discharge of some debts, and a general “fresh-start,” not all debts are dischargeable, and certain obligations could survive after the bankruptcy. The decision…
Zoom Class Action Raises Privacy Concern with Favored Online Meeting Platform
4/2/20
By: Barry Miller A class action filed March 30 alleges that the popular Zoom Video Communications platform is rife with privacy concerns. That story has piqued the interest of the legal community, as Zoom has become the platform of choice among mediators working to resolve disputes during a time when in-person meetings are prohibited or…
Coronavirus and Impact on Landlords and Tenants
4/1/20
By: Michael Bruyere,Ryan Greenspan and Ali Sabzevari Commercial and residential tenants, whether due to operational closures or loss of jobs or income, will face difficulties meeting their rent obligations, and some may even abandon their properties. Landlords may face both a loss of rents, as well as physical closures or abandonment of properties making sites…
FCC Confirms COVID-19 Pandemic Constitutes Emergency Under TCPA
3/23/20
By: Matthew Foree The Federal Communications Commission (“FCC”) has just issued a Declaratory Ruling confirming that the coronavirus pandemic constitutes an emergency under the Telephone Consumer Protection Act (“TCPA”). The Declaratory Ruling can be found here. Consequently, “hospitals, healthcare providers, state and local health officials, and other government officials may lawfully communicate information about the novel…
Business Continuity Plans in the Age of Coronavirus
3/23/20
By: Jennifer Weatherup As the Coronavirus, or COVID-19, has caused unprecedented disruptions, including a precipitous decline in the stock market, it is increasingly important for broker-dealers to prepare plans which will allow them to fulfill their responsibilities to customers and continue operations under difficult circumstances. More specifically, broker-dealers should ensure that their business continuity plans…