Additional SEC Relief is Revealed

Written by Ignacio Celis-Aguirre

On March 26, 2020, the Securities and Exchange Commission (the “Commission”) announced that it would be providing additional temporary regulatory relief to market participants in response to the effects of the Coronavirus Disease 2019 (“COVID-19”). This relief addresses: (1) temporary relief from the notarization requirement for Form ID for certain filers who cannot secure a notarization because of COVID-19; (2) extending the filing deadline for specified Regulation A and Regulation Crowdfunding reports and forms from certain companies unable to file timely reports and forms because of COVID-19; and (3) extending the filing deadline for submitting annual update filings (“Form MA-A”) to Form MA for certain municipal advisors affected by COVID-19. Continue reading “Additional SEC Relief is Revealed”

COVID-19 Causes Coverage

SEC Grants Additional Time For Filings Impacted By COVID-19

Written by Blake Baron

Earlier this month, the U.S. Securities and Exchange Commission (the “SEC”) provided conditional regulatory relief to those public companies impacted by COVID-19 (novel coronavirus) with a 45-day extension to file certain SEC filings that would have been otherwise due between March 1, 2020 and April 30, 2020. The SEC announced today that it was modifying that prior relief to cover certain filings due on or before July 1, 2020. The SEC acknowledged that many companies’ operations continue to be significantly impacted by the ongoing COVID-19 pandemic, which may result in difficulties for those companies to meet their applicable SEC filing deadlines. Continue reading “COVID-19 Causes Coverage”

Golden State Stays Home

COVID-19: SoCal Shelter in Place Orders

Written by Susan Kohn Ross and Matthew S. Beasley

On March 19, 2020, the City of Los Angeles (“City”), the County of Los Angeles (“County”), and the State of California (“State”) each issued separate “shelter in place” orders in response to the Novel Coronavirus. Each generally requires that residents stay home unless they are engaged in work which the orders define as “essential.” Unfortunately, the orders are not consistent in how “essential” is defined. Moreover, on March 20 the State issued an updated order and expanded its definition of “essential.” For example, the State order now defines the following types of workers as essential: “Workers supporting the entertainment industries, studios, and other related establishments, provided they follow covid-19 public health guidance around social distancing.” The City and County orders, by contrast, do not currently include entertainment workers as “essential,” even though a significant portion of California’s entertainment workers are in Los Angeles. Continue reading “Golden State Stays Home”

Careful With The Remote

Cybersecurity Concerns with Remote Work

Written by Susan Kohn Ross and Timothy Carter

While likely not the first topic that comes to mind amidst a global pandemic, organizations and businesses that now find themselves entirely (or almost entirely) remote would be remiss not to consider the potential data and cybersecurity issues raised by this sudden and unexpected shift to remote work. For much of the country, COVID-19 has resulted in an abrupt shift in the way we work. Even for those businesses that maintained robust work-from-home policies and systems, this shift presents a learning curve. The more traditional data and cybersecurity concerns ever-present in normal business operations are compounded by the difficulties presented by an extensive remote workforce. Preoccupied remote workers can be more susceptible to online threats such as phishing emails or malware and ransomware, thereby “opening the door” and providing unauthorized access to bad actors. The other, often lesser considered concern is accidental disclosure of confidential business information. Continue reading “Careful With The Remote”

Don’t Get Stuck With COVID-19

US Immigration In The Time of the Coronavirus

Written by David S. Rugendorf

Our lives have changed almost overnight, and the unimaginable has become the new normal. We find ourselves, our families and our workplaces in an unprecedented and ever evolving situation, with new government directives and restrictions appearing on an almost daily basis. With that in mind, we have a few general points to share with our clients and friends:

RECONSIDER TRAVEL PLANS – This should be obvious. Government travel restrictions are in place prohibiting entry into the United States of individuals who have recently been present in China and Europe (including the United Kingdom). Exceptions are currently being made for US citizens, permanent residents (“green card” holders) and their immediate families. Entries across our land borders are now severely curtailed. We do not expect the situation to return to normal any time soon – further restrictions may be imposed. Appointments to obtain visas at US embassies and consulates all over the world have been cancelled, or face lengthy postponements. Applicants should monitor their e-mails for notifications regarding cancellations and postponements. US airports have seen delays in immigration processing and crowding which have made social distancing impossible. Continue reading “Don’t Get Stuck With COVID-19”

Big Apple Shrinks

Shelter in Place Order – New York’s Approach

Written by Susan Kohn Ross

On Friday, Governor Cuomo issued New York’s order. While not referring to “shelter in place”, it has the same impact. To be accurate, the full title is “Guidance for Determining Whether A Business Enterprise is Subject To A Workforce Reduction Under Executive Order 202.6.” Building on an existing executive order to reduce the workforce at each business/work location by 75%, the new order defines essential businesses as follows, and requires that other, non-essential businesses “reduce the in-person workforce at each business/work location by 100% from pre-state of emergency declaration employment levels…” Continue reading “Big Apple Shrinks”

Merger Modifications

DOJ and FTC Announce Temporary Modifications to Certain Filing and other Procedures under the Hart, Scott Rodino Act (“HSR Act”) For Pendency of COVID-19 Event

Written By Anthony Adler

On March 13, 2020, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) announced that they have adopted a series of temporary changes to their civil merger investigation processes, which will remain in place during the pendency of the Coronavirus (COVID-19) event.  These changes will ensure that the DOJ and FTC will be able to continue operations as their employees carry out their duties under a mass telework directive in accordance with health guidance from the CDC, WHO, and other health authorities. These temporary measures include the following: Continue reading “Merger Modifications”

COVID-19 Client Communication

As the COVID-19 crisis rapidly evolves, the health and safety of our employees, clients and our communities remain our highest priority. We wanted to share with you what we are doing as a firm. We have instructed attorneys and staff in all of our offices to work remotely (with rare exception for certain critical functions). This is happening seamlessly as part of our business continuity plan. We have been working round-the-clock in counseling clients on today’s mission-critical issues, from employment to immigration to tax, as it relates to the outbreak of COVID-19. Like you, we are constantly monitoring the situation, and we will provide additional updates in the coming days and weeks as appropriate. In the meantime, we want you to know that our thoughts are with you and your families, and we hope that you remain healthy and safe.

In an effort to support you during these uncertain times, we have assembled a firm-wide COVID-19 response team from all of our practice areas. For the coming weeks, and starting today in this alert, we intend to send a consolidated communication alert on a regular basis that touches on breaking news and relevant items that could affect you or your business across a range of topics. If there is anything else that we can do to help you during this challenging time, please do not hesitate in reaching out.

Continue reading “COVID-19 Client Communication”

Novel Coronavirus European Travel Ban (Effective March 13, 2020)

Airport terminal and coronavirus sign
Photo Credit: istock.com/Marta Ortiz

By Frida Glucoft and Benjamin Lau

On March 11, 2020, the White House issued Proclamation 9984 “Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus,” which suspends entry to the United States for immigrants and nonimmigrants who were physically present in the Schengen Area during the 14-day period preceding their arrival to the United States. The Schengen Area includes the following 26 countries:

Austria Hungary Norway
Belgium Iceland Poland
Czech Republic Italy Portugal
Denmark Latvia Slovakia
Estonia Liechtenstein Slovenia
Finland Lithuania Spain
France Luxembourg Sweden
Germany Malta Switzerland
Greece Netherlands

Exceptions: The travel restriction does not apply to US Citizens, legal permanent residents (green card holders), spouses of US Citizens or legal permanent residents, unmarried children under the age of 21 of US Citizens or legal permanent residents, parents or legal guardians of US Citizens or legal permanent residents who are unmarried and under the age of 21, or members of the US Armed Forces and spouses and children of members of the US Armed Forces. Additional less common immigration statuses, such as individuals traveling on diplomatic visas, United Nation visas, or C-1/D crewmember visas, are also excluded from the travel restriction. Continue reading “Novel Coronavirus European Travel Ban (Effective March 13, 2020)”