The Small Business Administration (“SBA”) issued an update to its “Frequently Asked Questions for Lenders and Borrowers for the Paycheck Protection Program,” adding question #46 and the response, which is recited below. For PPP loans of less than $2 million, the borrower will be “deemed to have made the required certification concerning the necessity of
COVID-19
Louisiana Business Owners Could Receive Premium Reductions by Requesting “Mid-Term Audits” from their Insurers
On March 27, 2020, Louisiana’s Insurance Commissioner, Jim Donelon, issued Emergency Rule 39 in response to the COVID-19 pandemic. Emergency Rule 39 provides all commercial insureds in Louisiana the right to demand a “mid-term self-audit” to determine if their policy premiums should be reduced, as long as the commercial insurance policies are “rated using an…
Workers’ Compensation and COVID-19
The Louisiana Legislature is currently considering proposed legislation which would provide workers’ compensation coverage for essential workers during the COVID-19 pandemic.[1] The proposed law states that every essential worker who is disabled because of the contraction of the COVID-19 disease is entitled to the same compensation as if that essential worker had received personal…
Sellers and Distributors of Disinfectants Beware: The Virus Causing COVID-19 Is a “Pest” Under FIFRA
Under the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), most pesticides must be registered and are subject to product labeling requirements. FIFRA defines a “pesticide” as “any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest.” 7 U.S.C. § 136(u). A “pest” is defined in the statute to mean: “…
UPDATE: Louisiana Court Closures and Updates in Accordance with COVID-19
The coronavirus continues to adversely impact so many, and the court systems across the country are adapting in kind. On April 30, 2020, Louisiana’s Governor in Proclamation JBE 2020-52 extended the suspension of all legal deadlines at least until May 15, 2020. Further, the Louisiana Supreme Court has issued orders over the last several weeks…
CMS Updated Emergency Declaration Blanket Waivers for Healthcare Providers
The Centers for Medicare and Medicaid Services (“CMS”) has issued additional blanket waivers retroactive to March 1, 2020 through the end of the emergency declaration to help healthcare providers contain the spread of COVID-19. The updated waivers were released on April 29, 2020 and are an update from those issued on April 21, 2020. The…
New and Improved Municipal Liquidity Facility
On Monday, the Federal Reserve Board announced significant expansions of the Municipal Liquidity Facility (“MLF”). The MLF was unveiled on April 9, 2020 as part of the federal initiative to provide trillions in loans to shore up those affected by the coronavirus pandemic. In a nutshell, the MLF is designed to provide a liquidity backstop…
Preparing for the squall of post-COVID bankruptcies: Intellectual Property rights in Chapter 11
Intellectual property comprises some of the most valuable assets a business may hold – its brands, patents, know-how, and other intangible rights that make the business unique. The intellectual property assets (IP) throughout the energy sector—upstream, midstream, downstream and service providers along the way—will be affected as more energy companies seek bankruptcy relief in the…
Return to Work, Are You Ready?
Last week, President Trump unveiled his Guidelines for Opening Up America Again. The Guidelines present a three-phase, criteria-based, framework to allow individuals and employers to return to normal activities. The return-to-work envisioned by the White House calls for the easing of current restrictions, not the wholesale abandonment of those restrictions. The guidelines are not statutes…
UPDATE: Louisiana Court Closures and Updates in Accordance with COVID-19
The coronavirus continues to adversely impact so many, and the court systems across the country are adapting in kind. On April 2, 2020, Louisiana’s Governor in Proclamation JBE 2020-41 suspended all legal deadlines at least until April 30, 2020. Further, the Louisiana Supreme Court has issued orders over the last few weeks to help the…