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COVID-19 Resource Center

Jeffer Mangels Butler & Mitchell LLP (JMBM) provides strategic and operational counsel to businesses facing the numerous legal, regulatory and commercial issues triggered by the COVID-19 pandemic.

The JMBM Client Alerts and Blogs below address some of these issues. We will continue to update this page with new information.

Please contact your JMBM attorney to discuss your concerns. We are here to help our clients protect their businesses and their people.

Expansion of the Main Street Lending Program to Nonprofit Organizations

July 20, 2020
Corporate
On July 17, the Federal Reserve Bank of Boston announced the expansion of the Main Street Lending Program to extend credit to nonprofit organizations such as hospitals and social service organizations. The expansion includes two new loan options: the Nonprofit Organization New Loan Facility (NONLF) and the Nonprofit Organization Expanded Loan Facility (NOELF). Read more »

COVID-19 UPDATE: Insurance Won’t Cover Business Income Losses? Read the Fine Print.

May 27, 2020
Insurance Recovery
Despite pushback from the insurance industry, businesses should not assume that no coverage exists for business income losses related to the COVID-19 pandemic. Knowing what to look for in your insurance policy can help you determine if you have a claim, and how to pursue it. Read more »

Meet the Money Online: State of the Hospitality Industry

May 26, 2020
Global Hospitality Group®
More than 1,100 people registered the Meet the Money Online webinar, “The State of the Hospitality Industry” on May 20, 2020. If you weren’t one of them and would like to watch the full hour-long webinar, you can find it here. Read more »

California Employers’ Road Map to Reopening the Physical Workplace

May 19, 2020
Labor & Employment
In only two months, California employers have experienced an unprecedented disruption to business and the adoption and implementation of myriad new laws aimed at remedying the economic effects of COVID-19 and limiting its spread. But even now, as California lawmakers from the Governor to local mayors agree that it is time for California to get back to doing business, there is great uncertainty as to when and how this can safely occur. Read more »

Webinar on May 27, 2020: COVID-19 and the Case for Force Majeure in California

May 12, 2020
Patent Litigation
Join us as two California business trial lawyers present “COVID-19 and the Case for Force Majeure in California.” Businesses throughout California are suffering the crippling economic consequences triggered by the COVID-19 pandemic. Looking for relief, many have been stymied by force majeure (so-called “Act of God”) clauses. Our speakers will discuss how to determine if you have a legitimate claim, and explore critical questions about force majeure in California. The webinar will take place on Wednesday, May 27 at 10:00 AM – 11:00 AM Pacific Time.  Learn more and register »

Information Security in the Time of Covid-19 – Moving to the Cloud as a Cost-Cutting Measure Does Not Lessen Compliance Obligations

May 11, 2020
Cybersecurity
The Covid-19 pandemic has created profound challenges for almost every organization. As these challenges mount, companies are dramatically cutting their soft costs, including information security. Many companies are reducing their information security and privacy compliance spending by moving to the cloud. Read more »

Force Majeure in California: Does the COVID-19 Pandemic Qualify?

May 7, 2020
Patent Litigation
The ongoing COVID-19 Pandemic is disrupting day-to-day operations, supply and delivery chains and general contractual obligations around the world and throughout California. In this three part series, the Patent Litigation Group discusses what effect, if any, the COVID-19 Pandemic will have on your, and other parties’, contractual obligations. Part 1 » Part 2 » Part 3 »

Financial Elder Abuse in the COVID-19 Environment 

May 6, 2020
Litigation
In this COVID-19 environment, elders are especially vulnerable to financial abuse due to the inherent nature of the shelter-in-place restrictions imposed by the government and the need to rely on caretakers, family members and acquaintances for daily sustenance. JMBM's Trusts & Estates Litigation Department discusses financial elder abuse claims in the COVID-19 environment. Read more »

Business Interruption Insurance may cover hotel losses from COVID-19 shelter with judicial claims 

April 30, 2020
Global Hospitality Group®
Hotels have seen substantial losses in revenue in the wake of the coronavirus, and face the uncertainty of an economy which may take months or years to recover. For many, insurance payments may assist in keeping their business afloat, but few hotel owners or lenders are making claims. The Global Hospitality Group® explains how some hotels may qualify for Business Interruption insurance coverage for COVID-19. Read more »

Upcoming Webinar: Current Trends in COVID-19 Fraud Enforcement 

April 28, 2020
White Collar Defense & Investigations 
Join us on Tuesday, April 28th for a 1-hour MCLE webinar hosted by the Pasadena Bar Association. The webinar will provide an overview of current trends in COVID-19 anti-fraud enforcement by federal and state law enforcement agencies and explain why companies receiving federal aid should position themselves to demonstrate compliance and manage enforcement and litigation risk. Learn more and register »

Billions in Relief Funding Added via Paycheck Protection Program and Health Care Enhancement Act, While SBA Cautions Economic Necessity Certification Requires Careful Analysis

April 27, 2020
Corporate
On Friday, April 24, 2020, the President signed into law a bill that authorizes several billion dollars in additional funding for the Paycheck Protection Program (PPP) and the SBA’s Economic Injury Disaster Loan (or EIDL) program, as well as providing more funding for hospitals and testing for COVID-19. Read more »

COVID-19 Economic Relief Programs Will Spur Wave of Future Government Investigations and Law Enforcement Actions

April 14, 2020
White Collar Defense & Investigations 
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) has created significant incentives for companies to apply for economic stimulus funding and grants. With around $2 trillion expected to be disbursed, companies and business owners who accept funding should be prepared for future investigations, enforcement, and even litigation. Read more »

COVID-19 Update: Patent lawsuits and PTAB filings continue and cases are proceeding

April 13, 2020
Patent Litigation & PTAB
This JMBM Client Alert summarizes the most relevant changes made by popular patent litigation venues, the Federal Circuit Court of Appeals, and the PTAB as a result of recent restrictions related to COVID-19. Read more »

The Main Street Lending Program: A Potential Financing Option Intended for Small and Mid-Sized Companies

April 10, 2020
Corporate
On Thursday, April 9, 2020, the Treasury and the Federal Reserve announced the details of a Main Street Lending Program authorized by the CARES Act to help small and mid-sized businesses obtain funding of up to $600 billion. JMBM's Corporate Department summarizes the terms of this new program. Read more »

Update on COVID-19 Tax Provisions for Individuals

April 9, 2020
Trusts & Estates
JMBM's Trusts & Estates Group highlights some of the key provisions of recent legislation, including from the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”). Read more »

District Courts Adjust to Cases with No Physical Appearances

April 7, 2020
Patent Law and Litigation
As a result of COVID-19 and the length of time that may be required for continued social distancing, district courts have recognized that telephonic and video appearances will become necessary for many cases. JMBM's Patent Litigation Group discusses how the courts are adjusting to this approach and what new procedures might be put in place. Read more »

13 Tax Provisions in Recent COVID-19 Legislation: Implications for Businesses and Individuals

April 7, 2020
Taxation
This JMBM Client Alert summarizes 13 of the most relevant business and individual tax provisions in recent legislation from the Families First Coronavirus Response Act (the “FFCRA”) and the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”). Many of these provisions reverse or modify amendments made by the 2017 tax act, P.L. 115-97 (the “2017 Tax Act”). Read more »

SBA Guidance Confirms Affiliation Rules Apply Under the Paycheck Protection Program

April 6, 2020
Corporate
Last Friday, the SBA issued an Interim Final Rule and additional guidance on the SBA’s affiliation rules. The additional guidance clarifies that a majority of the affiliation rules typically applicable to business borrowers are also applicable in the context of the SBA’s Paycheck Protection Program (“PPP”). Read more »

Patent and Trademark Deadlines during the COVID-19 Outbreak

April 6, 2020
Intellectual Property
JMBM is continuing to docket and track all USPTO dates and deadlines for our clients according to our normal practices and procedures. In this article, they discuss the most recent deadline extensions following the passage of the CARES Act. Read more »

Client Alert: Further Paycheck Protection Program Update 

April 3, 2020
Corporate
On April 2, 2020, the Treasury Department published several updates to the Paycheck Protection Program (PPP) on its website. Among those listed are the revised guidance for borrowers, an updated Borrower Application Form, and an Interim Final Rule from the Small Business Administration (SBA). Read more »

COVID-19 Emergency Relief Bill: Implications for the Healthcare Industry

April 2, 2020
Health Care
On March 27, 2020 President Trump signed a $2 trillion emergency economic relief bill into law. $150 billion of this bill will be allocated to support healthcare providers and researchers in the fight against COVID-19. JMBM's Healthcare Group summarizes what this means for the industry. Read more »

You Should Be Thinking About Privacy and Security Right Now!

April 2, 2020
Cybersecurity
When things begin to reach a level of normality following the COVID-19 pandemic, businesses will find the world changed. Remote working is likely to become much more common, and companies will need to consider how they can keep their expanding network environments secure.  Read more »

Construction Industry Update: New March 31, 2020 Bay Area Shelter-In-Place Orders Impose Stricter Limits on Construction Activities

April 1, 2020
Natural Resources and Mining
On March 31, 2020 San Francisco and six other Bay Area counties issued strict Shelter-in-Place Orders which limited the scope of some construction-related activities which had previously been exempt under other mandates. JMBM's Natural Resources and Mining Group summarizes the new Orders and their effect in this article. Read more »

Paycheck Protection Program Update

April 1, 2020
Corporate
The Treasury Department has issued additional guidance relating to the Paycheck Protection Program and the new federal/Treasury loan program. In this article, JMBM's Corporate Group identifies the key points of the guidance. Read more »

Governor Newsom's March 19, 2020 Executive Order N-33-20 - Important Updates for Workers in the California Construction and Industrial Materials Industries

March 31, 2020
Natural Resources & Mining
On March 28, 2020, an Advisory Memorandum was issued clarifying Executive Order N-33-20's impact on the industrial materials industry in California. In this article, JMBM's Natural Resources and Mining Group discusses the "stay at home" order and its newly issued updates. Read more »

Frequently Asked Questions: What Employers Need to Know About the FFCRA

March 31, 2020
Labor & Employment
Effective April 1, 2020 and continuing through December 31, 2020, covered employers need to begin complying with the mandates of the Families First Coronavirus Response Act. JMBM's Labor & Employment Group answers some of the most frequently asked questions about the Act. Read more »

COVID-19 Economic Relief Programs Update

March 27, 2020
Corporate
As the impacts of COVID-19 continue to be felt by businesses, several economic relief programs have come into effect. JMBM's Corporate Group summarizes these programs as they apply to employers. Read more »

Privacy in the time of COVID - 19; Nothing's Changed, Everything's Changed

March 24, 2020
Cybersecurity
In this article, JMBM's Cybersecurity Group discusses COVID-19's impact on data privacy and the move to a remote workforce. Read more »

COVID-19 Relief Programs

March 23, 2020
Corporate
Negotiations are underway for an economic stimulus package that will provide relief to businesses impacted by the coronavirus. While the details have yet to be finalized, there is some agreement on the key types of relief the bill will provide. Read more »

Executive Order N-33-20: Important Updates for Workers in the California Construction Materials Industry

March 23, 2020
Natural Resources & Mining
Governor Newsom’s Executive Order N-33-20 asking Californians to remain at home unless they work in critical sectors originally left some ambiguity as to how the order would affect the construction materials industry. Read more about this order and its recently issued updates as it applies to workers in the industry. Read more »

Governor Newsom’s March 19, 2020 Executive Order N-33-20

March 20, 2020
Natural Resources and Mining
On March 19, 2020, Governor Newsom issued an executive order asking all individuals living in California to stay home with the exception of those who worked in essential sectors. JMBM’s Natural Resources and Mining Group summarizes the order as it applies to the construction and industrial materials industries and provides insight on what employers’ can do to comply with the new rules. Read more »

President Trump Signs Family First Coronavirus Response Act

March 19, 2020
Labor & Employment
As businesses continue to be impacted by the Coronavirus Pandemic, it is important for employers to understand their legal rights and obligations. Read more »

COVID-19: Advice for California Employers

March 18, 2020
Labor & Employment
With so many changes to workplace routines being brought about by government mandates and proactive internal decisions, employers are wondering how best to navigate the new rules and ensure the wellbeing of their staff. JMBM’s Labor & Employment Department answers seven of the most frequently asked questions raised by businesses. Read more »

Hotel Lawyer: Hotel and restaurant distress from COVID-19

March 17, 2020
Global Hospitality Group®
Following the issuance of several safer at home mandates, hotels have seen their occupancy rates fall dramatically and restaurants have struggled to stay afloat on takeout and delivery revenue alone. Lenders and borrowers have sought clarity in dealing with looming defaults, layoffs and shutdowns. In this blog, JMBM’s Global Hospitality Group® offers creative strategies for mitigating the financial impact of the coronavirus on the hospitality industry. Read more »

Coronavirus COVID-19 force majeure: Contract provisions and governing law are important

March 5, 2020
Global Hospitality Group®
With hotels facing ongoing disruption in the wake of the coronavirus, many are looking at the legal concept of force majeure as a potential defense to breach of performance obligations. Find out more about the importance of jurisdiction and contract wording when considering force majeure as a defense. Read more »

COVID-19 Coronavirus as Force Majeure Contract Defense - History and Origins

March 3, 2020
Global Hospitality Group®
Force majeure acts a defense to breach of contract as a result of extraordinary and unforeseen circumstances. The coronavirus has had a significant financial impact on the hotel industry, and operators are exploring whether this legal defense may apply when they fail to meet a contractual obligation. Read more »

Coronavirus as Force Majeure Event – What Hotel Owners and Operators Should Consider

February 20, 2020
Global Hospitality Group®
Facing loss of revenue and the potential for travel to be disrupted for months, hotels risk having their management agreements terminated due to shortfalls in their financial statements. This article on the Hotel Law Blog discusses whether the coronavirus constitutes a force majeure event and if it can be used to alter performance obligations. Read more »