In this video, MSK associate Carly Epstein discusses EEOC guidance regarding treatment of employees who the CDC categorizes as at a “higher risk for severe illness” if they get COVID-19, an employer’s obligations to accommodate these “high risk” employees, and workplace accommodations an employer can implement to eliminate or reduce the threat to an at-risk employee returning to the workplace. Continue reading MSK Minute: Carly Epstein Discusses Protecting “High-Risk” Employees When Returning to Work
In this video, MSK immigration attorney Stephen Blaker reviews the various process changes and travel restrictions that have been imposed by the federal immigration agencies in response to COVID-19. What impact could this have on your reopening plans? If you have any questions or would like to discuss further, please contact Stephen at firstname.lastname@example.org. Continue reading MSK Minute: Stephen Blaker Reviews Immigration Considerations for Reopening
In this video, MSK partner Jonathan Turner discusses The California Executive Order that created a rebuttable presumption, for purposes of receiving workers’ compensation benefits, that employees who test positive for COVID-19 contracted the virus while at work. Jonathan addresses whether employers should challenge this presumption, and the unforeseen implications that could potentially arise, including whether an employee’s family member could sue the employer for contracting … Continue reading MSK Minute: Jonathan Turner Discusses COVID-19 & Liability Regarding Employee Family Members
Privacy Protection Acts Introduced in Connection with Contact Tracing
Written by Susan Kohn Ross and Timothy Carter
Across the globe, governments are harnessing surveillance-camera footage, mobile location data, and consumer purchase records to help track the recent movements of coronavirus patients, monitor those potentially exposed, and establish virus transmission chains. In China, for example, the government has installed surveillance cameras outside and inside quarantined individuals’ homes. A few thousand miles away, Israel’s internal security agency is primed to mine a cache of mobile phone location data, initially collected for counterterrorism operations, in order to pinpoint possible COVID-19 exposure among its citizens. Continue reading “Tracing Concerns”
In this video, MSK partner Jeremy Mittman addresses how employers can effectively implement workplace screening and testing as they plan to reopen from COVID-related closures. Continue reading MSK Minute: Jeremy Mittman Covers Workplace Screening
In this video, MSK partner Susan Kohn Ross discusses various policies and recommendations for reopening your business at a time where so many shelter-in-place orders are changing. Continue reading MSK Minute: Su Ross Covers Reopening Considerations
Written by John Durrant
As of May 5, 2020, the COVID-19 pandemic has accompanied a precipitous descent in the domestic securities markets, followed by a surprisingly sharp rebound. Such volatility may well give rise to several different types of potential liability against companies and their officers and directors, including:
- Securities fraud claims under the Exchange Act of 1934 (the “Exchange Act”).
- Claims related to offerings of securities under the Securities Act of 1933 (“Securities Act”).
- Claims under the various state securities claims, i.e., the “Blue Sky” laws.
- Derivative suits arising under state law.
Business leaders may well say, “Wait, we didn’t cause COVID-19; we didn’t shut down the economy; how can we be held liable?” Continue reading “Will COVID-19 Cause Securities Litigation?”
Written by Mark T. Hiraide
In response to the ill effects the coronavirus pandemic is having on business, the Securities and Exchange Commission on May 4, 2020 adopted a temporary final rule to make it easier for existing businesses to raise up to $250,000 through Regulation Crowdfunding.
Under the relaxed rules, which are in effect only until August 31, 2020, a business is excused from complying with the Regulation Crowdfunding requirement to have its financial statements reviewed by an independent public accountant. During this limited period, the SEC is requiring only certain information from the business’ Federal income tax returns certified by the principal executive officer. That represents a significant time and financial savings for companies – especially small businesses – that need a quick infusion of capital during rough times caused by the COVID-19 virus. Continue reading “SEC Offers an Elixir for Small Businesses Feeling the Financial Effects of COVID-19”
Written by Susan Kohn Ross
The CDC has expanded the list of symptoms which may appear 2-14 days after exposure to the COVID-19 virus and may cause mild symptoms to severe illness. As companies plan their eventual return to work, or plan to terminate or decrease telecommuting (pending when their local jurisdictions’ shelter-in-place orders change or cease), they will want to consider this most recent information from the CDC to determine and account for the safety and well-being of their employees. The original and newly added symptoms are listed below. Continue reading “CDC Updates List of COVID-19 Symptoms”
Written by Susan Kohn Ross
In CSMS 42506108 issued on April 27, 2020, CBP updated its Frequently Asked Questions about Personal Protective Equipment exports. In it, CBP makes clear the Document Imaging System (DIS) sends a confirmation of receipt, as does AES. If the shipment is held for any reason and/or further action is needed, notice of that is most likely going to come through the carrier. In short, absent negative information, the export is ready to go.
When it comes to any Letter of Attestation (“Letter”), CBP has made clear these should be submitted through the DIS. The size limit for CBP is up to 10 MB. The email address is email@example.com. There are additional criteria to consider: Continue reading “PPE Exports: Ready to Go?”