Insights on Coronavirus

Below are Brownstein's insights on the legal issues and government response related to the coronavirus pandemic. 

Search by topic:

• American Rescue Plan Act
• HEROES Act
• CARES Act
• Small Businesses
• Business Continuity
• Employment and Benefits
• Health Care
• Hospitality, Resort & Recreation
• SEC Obligations and Disclosure
• Loans and Credit
• Construction and Real Estate
• Consumer Protection
• Federal Government Response
• State and Local Government Response
• Environmental

 

American Rescue Plan Act:

• ARPA COBRA Subsidy Model Notices and Guidance Released Today Requires Immediate Action – April 7, 2021
• No Fooling Around: New Six-Month COBRA Subsidy Starts April 1, Requires Immediate Action – March 30, 2021
• Update on Tribal Broadband Funding Opportunities – March 29, 2021
• Struggling Restaurants May Be Eligible for ‘Revitalization’ Grants – March 18, 2021
• House Passes PPP Extension Act of 2021 – March 18, 2021
• American Rescue Plan Act: Summary of Health Provisions – March 16, 2021
• Senate Approves ARPA, Concludes Vote-a-Rama – March 6, 2021
• Senate Unveils American Rescue Plan Ahead of Floor Vote – March 5, 2021
• Health Care Provisions in House Budget Reconciliation Bill – Feb. 16, 2021
• Democrats Unveil COVID-19 Bill Text Ahead of Markup – Feb. 10, 2021

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HEROES Act:

• Overview of Health Care Provisions in the HEROES Act II – Sept. 30, 2020
• House Passes the HEROES Act – May 18, 2020
• Health Care Summary and Analysis of the HEROES Act – May 14, 2020
• Analysis of Economic Provisions in HEROES Act – May 14, 2020

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CARES Act:

• CARES Act Oversight Ramps Up with Opening of New Watchdog Office – Oct. 28, 2020
• The PPP Safe Harbor: What Happens After May 14? – May 7, 2020
• SBA Expands Loan Program to Include Small Gaming Companies – April 24, 2020
• CARES Act Amended: Agricultural Operations Now Eligible for SBA Loans Up to $2 million – April 24, 2020
• Trump Administration Announces Distribution of $100 Billion in Health Care Aid – April 22, 2020
• Opportunities for Small Business in the CARES Act of 2020 – April 13, 2020
• CARES Act Employee Retention Tax Credit Guide for Employers – April 8, 2020
• The Credit Box Conundrum: When Math and Politics Clash – April 6, 2020
• SBA Issues Interim Rules on Eligibility for Paycheck Protection Loans – April 3, 2020
• Someone Call the Plumber: The Economy’s Liquidity Pipes are Clogged – April 2, 2020
• The CARES Act Zero-Sum Game: Intense Competition for Treasury’s $454 Billion – March 31, 2020
• Five Big Things to Watch in CARES Act Implementation – March 28, 2020
• The CARES Act: Title IV Overview on Economic Recovery for Distressed Sectors – March 27, 2020
• American Indian Provisions in the CARES Act – March 26, 2020
• The CARES Act: Health Care Summary and Analysis – March 26, 2020
• Analysis of Senate-Passed CARES Act – March 26, 2020

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Small Businesses:

• PPP Deadline Fast Approaching as SBA and Treasury Announce Enhanced Transparency – June 23, 2020
• Updates to the PPP Following New SBA Guidance – June 15, 2020
• Opportunities for Small Business in the CARES Act of 2020 – April 13, 2020
• SBA Issues Interim Rules on Eligibility for Paycheck Protection Loans – April 3, 2020
• Treasury Releases Small Business Assistance Information – March 31, 2020

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Business Continuity and Reopening:

• IRS Clarifies PPP Loans, Retention Credit Wage Reporting Rules – March 1, 2021
• Have You Thought About … Notice Clauses? – Sept. 16, 2020
• Have You Thought About … Contractual Provisions Impacted by COVID-19? – July 15, 2020
• Five Issues for Businesses to Consider Amid COVID-19 Resurgence – July 9, 2020
• Have You Thought About … How State and Local Income Tax and Employment Laws Apply to Remote Workers During COVID-19? (Part 1) – June 29, 2020
• Have You Thought About … How State and Local Income Tax and Employment Laws Apply to Remote Workers During COVID-19? (Part 2) – June 29, 2020
• Have You Thought About … Does Fiduciary Duty Require a COVID-19 Resurgence Plan? – June 23, 2020
• PPP Deadline Fast Approaching as SBA and Treasury Announce Enhanced Transparency – June 23, 2020
• Have You Thought About … Modifying Your Employment Policies Upon Reopening? – June 19, 2020
• Have You Thought About … Whether You Can Rescind Job Offers? – June 19, 2020
• OSHA Issues New Business Reopening Guidance – June 19, 2020
• Have You Thought About … Limiting Third-Party Liability Resulting from Employee Exposure to COVID-19? – June 17, 2020
• Have You Thought About … Landlord/Tenant Issues Related to Reopening? – June 17, 2020
• Have You Thought About … Privacy in the Age of COVID-19? – June 15, 2020
• Have You Thought About … Water Systems in Dormant Buildings? – June 12, 2020
• Have You Thought About … How to Handle Employees Who Refuse to Return to Work? – June 11, 2020
• Have You Thought About … PPP Requirements Regarding Rejected Offers of Reemployment? – June 11, 2020
• Have You Thought About … Denver Restaurant Reopening Guidance? – June 10, 2020
• Have You Thought About … Who Will Pay for Asymptomatic Carrier Testing? – June 10, 2020
• Have You Thought About … The Foreseeability of a COVID-19 Resurgence for WARN Act Purposes? – June 8, 2020
• Have You Thought About … Potential WARN Act Traps? – June 5, 2020
• Have You Thought About … Documentation Requirements Under The FFCRA to Obtain Payroll Tax Credits? – June 4, 2020
• Have You Thought About … Worker Safety at Customer Sites? – June 1, 2020
• Have You Thought About … How Reopening Affects Your Bonus, Equity-Based and Deferred Compensation Plans? – May 28, 2020
• Have You Thought About … How Hotels May Reopen With a More Contactless Experience? – May 27, 2020
• Have You Thought About … Workers’ Compensation Presumptions Related to Coronavirus? – May 22, 2020
• PODCAST: What’s Next: Reopening Liability Risks – May 22, 2020
• Have You Thought About … Reopening Considerations for Companies Operating in Multiple Jurisdictions? – May 21, 2020
• Have You Thought About … Should Businesses Use UV Technology in Cleaning Protocols? – May 18, 2020
• PODCAST: What’s Next Nevada: Force Majeure Clauses – May 8, 2020
• Key Issues to Consider While Reopening or Partially Reopening – May 7, 2020
• For Whom the Timing Tolls: The COVID-19 Outbreak Period Interrupts Benefit Plan Deadlines – May 6, 2020
• The Main Street Lending Program: Recent Changes, Challenges Ahead – May 5, 2020
• Feds Release Updated Cleaning and Disinfecting Guidance – April 29, 2020
• COVID-19 Response Oversight: What to Expect From the Federal Inspectors General – April 27, 2020
• Do COVID-19 Closures Reset the Clock for Trademark Incontestability? – April 23, 2020
• Changes Ahead for the Federal Reserve’s Main Street Lending Programs – April 23, 2020
• Developing Legal Issues for Business Interruption Insurance and COVID-19 – April 21, 2020
• How Will State and Local Governments Reopen Businesses After COVID-19? – April 16, 2020
• Five Tips for Making Virtual Compliance a Reality – April 14, 2020
• Brand Management During a Pandemic: Preserving Your Trademark Rights While Temporarily Shuttered Due to COVID-19 – April 10, 2020
• Federal Coronavirus Spending and the False Claims Act: A Gathering Storm – April 10, 2020
• USPTO Extends Trademark and Patent Deadlines Amid COVID-19 Pandemic – April 6, 2020
• Treasury Releases Small Business Assistance Information – March 31, 2020
• Contracts in the Age of Coronavirus: Are Businesses in Breach If Forced to Close by Government Order? – March 25, 2020
• Are You Responsible for Reporting Coronavirus Cases? – March 11, 2020
• Do Force Majeure Clauses Cover a Coronavirus Pandemic? – March 5, 2020
• Would Business Interruption Insurance Cover Losses Stemming from a Coronavirus Pandemic? – March 5, 2020

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Employment and Benefits:

• ARPA COBRA Subsidy Model Notices and Guidance Released Today Requires Immediate Action – April 7, 2021
• No Fooling Around: New Six-Month COBRA Subsidy Starts April 1, Requires Immediate Action – March 30, 2021
• Can Employers Mandate COVID-19 Vaccines? Likely Not (Yet), Given Current FDA Emergency Use Authorization Status – March 3, 2021
• Have You Thought About … What the Limited Extension to the FFCRA Means to Employers? – Jan. 8, 2021
• UPDATED: Have You Thought About … Implications of Employee Travel During the Pandemic? – Dec. 23, 2020
• Have You Thought About … Requiring Employees to Get a COVID-19 Vaccine? – Dec. 16, 2020
• Strange Times: Employment Implications of a Contentious Election During a Pandemic – Oct. 9, 2020
• Have You Thought About … COVID-19 Implications for Employment Issues in Corporate Transactions? – Sept. 29, 2020
• Have You Thought About … Who Will Pay for COVID-19 Testing for Employees? – Sept. 23, 2020
• PBGC Q&As: Impact of COVID-19 and CARES Act on Single-Employer Pension Plans – July 22, 2020
• Have You Thought About … The Importance of Documenting and Tracking COVID-19-Related Leave? – July 16, 2020
• FAQs Part 43: Guidance on Health Coverage Issues Related to COVID-19 – July 7, 2020
• Have You Thought About … How State and Local Income Tax and Employment Laws Apply to Remote Workers During COVID-19? (Part 1) – June 29, 2020
• Have You Thought About … How State and Local Income Tax and Employment Laws Apply to Remote Workers During COVID-19? (Part 2) – June 29, 2020
• Oh What A Relief It Is (Not): IRS Guidance on Safe Harbor 401(k) Plan Midyear Amendments – June 29, 2020
• FFCRA Leave May Be Used for Summer Camp Cancellations Per New U.S. DOL Guidance – June 26, 2020
• IRS Notice 2020-50: Guidance on Coronavirus Related Distributions and Loans – June 24, 2020
• Have You Thought About … Modifying Your Employment Policies Upon Reopening? – June 19, 2020
• Have You Thought About … Whether You Can Rescind Job Offers? – June 19, 2020
• Have You Thought About … Limiting Third-Party Liability Resulting from Employee Exposure to COVID-19? – June 17, 2020
• Colorado Implements New Paid Sick Leave Requirements Extending Beyond COVID-19 Issues – June 17, 2020
• Have You Thought About … How to Handle Employees Who Refuse to Return to Work? – June 11, 2020
• Have You Thought About … PPP Requirements Regarding Rejected Offers of Reemployment? – June 11, 2020
• Have You Thought About … Who Will Pay for Asymptomatic Carrier Testing? – June 10, 2020
• Have You Thought About … The Foreseeability of a COVID-19 Resurgence for WARN Act Purposes? – June 8, 2020
• Have You Thought About … Potential WARN Act Traps? – June 5, 2020
• Have You Thought About … Documentation Requirements Under The FFCRA to Obtain Payroll Tax Credits? – June 4, 2020
• Three Issues Businesses Should Be Thinking About for Reopening – June 5, 2020
• Have You Thought About … How Reopening Affects Your Bonus, Equity-Based and Deferred Compensation Plans? – May 28, 2020
• Have You Thought About … Workers’ Compensation Presumptions Related to Coronavirus? – May 22, 2020
• Now on the COVID-19 Menu: Temporary Flexibility for Cafeteria Plans – May 15, 2020
• Documentation Requirements for Payroll Tax Credits and Employee Eligibility Under FFCRA – April 7, 2020
• IRS FAQs Allow Taxes Withheld from Employees’ Wages to Fund Leave and Wage Payments – April 3, 2020
• How Employers Can Assist Employees (Current and Former) Right Now – March, 24, 2020
• Maintaining a Safe and Healthy Work Environment During the Coronavirus Pandemic – March 17, 2020
• Restricting Employees’ Work-Related Travel in Light of the Coronavirus Threat – March 13, 2020
• Health Plan Coverage of Coronavirus Testing and Treatment – March 12, 2020
• What Employers Need to Know about HIPAA Compliance during the Coronavirus Outbreak – March 12, 2020

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Health Care:

• American Rescue Plan Act: Summary of Health Provisions – March 16, 2021
• PODCAST: Brownstein Health Care Business Panel 2021: What Comes Next? – Feb. 2, 2021
• Summary of Health Care Provisions in the Consolidated Appropriations Act of 2021 – Dec. 22. 2020
• PODCAST: Summer 2020 Health Care Business Roundtable: Navigating a Brave New World – June 25, 2020
• Trends in Health Care Business: Navigating a Brave New World – June 24, 2020
• The FCC Expands Capacity for Wireless Health Monitoring – May 5, 2020
• OIG Issues Blanket Waivers of Anti-Kickback Statute to Address COVID-19 Pandemic – April 9, 2020
• The FCC Rolls Out Telehealth Funding Programs – April 6, 2020
• CMS Issues Sweeping Regulatory Changes in Response to COVID-19 Patient Surge – April 3, 2020
• HHS Issues Blanket Waivers of Stark Law to Address COVID-19 Pandemic – March 31, 2020
• UPDATE: CMS Expands Coronavirus Telehealth Benefits and OCR Promises Enforcement Discretion – March 18, 2020
• Which Health Care Rules Are Already Waived Under the President’s Emergency Declaration? – March 16, 2020
• Congress Allows HHS to Relax Telehealth Medicare Restrictions in Response to Coronavirus Outbreak – March 9, 2020

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Hospitality, Resort & Recreation:

• Struggling Restaurants May Be Eligible for ‘Revitalization’ Grants – March 18, 2021
• Have You Thought About … How Hotels May Reopen With a More Contactless Experience? – May 27, 2020
• Considerations for Distressed Hotel Acquisitions Resulting from COVID-19 – April 30, 2020
• Downplaying or Concealing Coronavirus Risk Could Result in Consumer Protection Lawsuits – March 13, 2020
• We Don’t Have Coronavirus Here – How to Avoid False Advertising Claims – March 9, 2020

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SEC Obligations and Disclosures:

• More Coronavirus Updates from the SEC – March 31, 2020
• SEC Provides Guidance on Proxy Rules Related to Annual Meetings in Light of Coronavirus – March 16, 2020
• SEC Addresses Impact of Coronavirus Threat on Disclosure Obligation – March 6, 2020

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Loans and Credit:

• Foreign Companies May Lose Access to U.S. Capital Markets Under Just-Passed Senate Legislation – May 21, 2020
• Consumer Credit and Coronavirus – What Lenders and Collectors Need to Know – April 6, 2020
• COVID-19—Evaluating Material Adverse Change Clauses in Loan Agreements – March 24, 2020

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Construction and Real Estate:

• California Statewide Eviction Moratorium Extension for Residential Tenants: To Forgive or Not to Forgive? – Feb. 10, 2021
• Have You Thought About … What Happens When You’re Commercial Tenant Files for Bankruptcy? – Oct. 19, 2020
• Have You Thought About … The Impact of Federal Residential Eviction Moratorium? – Sept. 10, 2020
• PODCAST: Development Following COVID-19: Episode 2 – June 8, 2020
• Have You Thought About … Landlord/Tenant Issues Related to Reopening? – June 17, 2020
• Gov. Newsom Extends California Moratoriums on Residential Tenant Evictions – June 1, 2020
• PODCAST: Development Following COVID-19 – May 6, 2020
• Public Meetings in the Front Range During the Covid-19 Outbreak – April 17, 2020
• Building Inspections in the Denver Metro Area During the COVID-19 Outbreak – April 10, 2020
• COVID-19: Moratorium on Nevada Evictions and Foreclosures – March, 31 2020
• COVID-19: California City and County Moratoriums on Residential Tenant Evictions – March 30, 2020
• Rent Relief for Retail Tenants During the Coronavirus Pandemic: A Checklist for Landlords – March 27, 2020
• Can State and Local Government Seize Your Private Property During a Global Pandemic? – March 26, 2020
• Shifting Realities of Real Estate Purchase and Sale Contracts in the Midst of a Global Pandemic – March 23, 2020
• What Does the Closure of Clerk and Recorder’s Offices Mean for Real Estate Closings and Title Insurance Coverage? – March 23, 2020
• What Are Parties’ Rights Under the AIA Owner-Contractor Agreements in the Event of a Coronavirus Pandemic? – March 6, 2020

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Consumer Protection and Compliance:

• Have You Thought About … Ensuring Pandemic Fatigue Doesn’t Decrease Compliance? – Dec. 7, 2020
• Avoiding Price Gouging Liability During and Post-COVID-19 – April 13, 2020
• State and Federal Agencies Crack Down on Claims for Touted COVID-19 Preventatives, Treatments and Cures – March 23, 2020
• The FCC Exempts COVID-19-Related Health Care “Robocalls” From TCPA Liability – March 23, 2020

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Federal Government Response:

• House to Vote on PPP Extension – March 11, 2021
• Biden Unveils American Rescue Plan – Jan. 15, 2021
• American Rescue Plan Health Provisions – Jan. 15, 2021
• Congress Passes Omnibus, COVID-19 Relief – Dec. 22, 2020
• Summary of Health Care Provisions in the Consolidated Appropriations Act of 2021 – Dec. 22. 2020
• Coronavirus Economic Response Update: Lawmakers Release Competing COVID-19 Relief Packages – Dec. 1, 2020
• PPP Deadline Fast Approaching as SBA and Treasury Announce Enhanced Transparency – June 23, 2020
• Updates to the PPP Following New SBA Guidance – June 15, 2020
• House Passes Paycheck Protection Program Flexibility Act – May 28, 2020
• Summary of Federal Reserve Lending Programs as of April 9, 2020 – April 9, 2020
• Congressional and Administration Responses to the Coronavirus Outbreak – March 21, 2020
• Treasury Department Releases Key Terms for Phase Three Stimulus – March 18, 2020
• Mnuchin Announces Further Administration Steps to Combat Coronavirus – March 17, 2020
• Lawmakers Introduce Technical Corrections to Coronavirus Package – March 16, 2020

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State and Local Government Response:

• PODCAST: Fiscal Impact of Pandemic on State Budgets – Dec. 16, 2020 
• Colorado’s COVID-19 Special Session Ends (Mostly) in Compromise – Dec. 3, 2020
• Gov. Polis Issues Statewide Mask Order for Colorado, Effective Today – July 16, 2020
• Colorado Enacts Expanded COVID-19 Paid Leave and Heightened Whistleblowing and PPE Protections, Effective Immediately – July 15, 2020
• Gov. Newsom Extends California Moratoriums on Residential Tenant Evictions – June 1, 2020
• PODCAST: What’s Next Colorado: Restaurant Reopening and Expansion Into Open Areas – June 3, 2020
• Nevada’s Eviction and Foreclosure Moratorium to be Lifted in Phases – June 26, 2020
• PODCAST: What’s Next Nevada: Leadership Lessons for Reopening – June 8, 2020
• Gov. Newsom Extends California Moratoriums on Residential Tenant Evictions – June 1, 2020
• What Does the COVID-19 Public Health Crisis Mean for Nevada Businesses? – Second Edition – May 8, 2020
• How Will State and Local Governments Reopen Businesses After COVID-19? – April 16, 2020
• Colorado Supreme Court Gives OK to Legislative Work Pause, Session is Officially on Hold – April 3, 2020
• PODCAST: What Does the Government Response to the COVID-19 Crisis Mean for Nevada Businesses? – March 30, 2020
• State and Local Government’s Emergency Powers During COVID-19: Is Your Business Essential? – March 27, 2020
• Questions Abound as Colorado General Assembly Extends Suspension of Legislative Session – March 26, 2020
• What Does the Governor’s Declaration of Emergency Mean for Nevada Businesses? – March 21, 2020
• What Does California's Stay-At-Home Order Mean for My Business? – March 20, 2020
• Is Cannabis an Essential Business During Coronavirus Closures? – March 18, 2020
• Fate of Colorado Legislative Session Unclear in Midst of COVID-19 – March 13, 2020

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Environmental:

• Have You Thought About … Water Systems in Dormant Buildings? – June 12, 2020
• EPA Issues Guidance for Cleanup and Emergency Response Field Work During COVID-19 Pandemic – April 13, 2020
• EPA Issues Enforcement Discretion Policy During COVID-19 – March 31, 2020
• COVID-19 Updates for Water Agencies and Water Users – March 19, 2020

This document is intended to provide you with general information regarding the impact of a potential or actual coronavirus pandemic. The contents of this document are not intended to provide specific legal advice. If you have any questions about the contents of this document