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Paul Zimmerman

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Facebook, LDU Mode, and the CCPA: What Businesses Need to Know ASAP

At the beginning of July, Facebook quietly implemented a Limited Data Use (LDU) mode for their advertising products (including the PageView pixel). Under this mode—which is enabled by default for the month of July—a business customer can determine whether Facebook is restricted in how it processes user personal information when a user visits its page. Of note, if LDU mode is turned on and Facebook determines that a user is located in California (either because the business affirmatively represents this as true or Facebook’s geolocation tools believe the user to be in the state), Facebook will act like a “service provider” under the California Consumer Privacy Act (CCPA) and only use the data collected for limited purposes. That being said, Facebook provides severely restricted functionality to its business customers when LDU mode is enabled. (Read More)

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Invalidation of EU-US Privacy Shield Leaves Businesses Scrambling

It is déjà vu all over again for companies that transfer personal data on European residents to the United States. This month, the European Court of Justice (ECJ) invalidated the EU-US Privacy Shield framework, leaving businesses with one less option to accomplish EU-US transfers of personal information. That being said, those interested can rest assured that not all is lost. (Read More)

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Michelman & Robinson Announces Launch of COVID-19 Reintegration (Return-to-Work) Task Force

As COVID-19 continues to grip the nation, businesses of all kinds are left to navigate an ever-changing public health and economic landscape. This is no easy task, especially given the loud and clear calls to safely reopen the economy, schools, and life as we (used to) know it amid mixed messaging from our federal, state, and local governmental leaders as to how best to do so. (Read More)

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Paycheck Protection Program Extended to August 8th

Those still wanting to apply for loans under the Paycheck Protection Program now have until August 8 to do so. The PPP, which was set to expire on June 30, has been extended by way of a bill passed by both the U.S. Senate and House of Representatives and signed into law by the President on July 4. (Read More)

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California Looks to Pass Legislation Concerning Business Interruption Coverage Due to COVID-19

The California State Senate has just amended Assembly Bill 1552 to create certain rebuttable presumptions having to do with COVID-19-related business interruption claims and disputes. In its original form, the legislation was written to adopt or revise a model curriculum in Native American studies, which is certainly a far cry from insurance regulation. In any event, Michelman & Robinson explains what it could mean for insurers if this bill, as amended, is passed and signed into law. (Read More)

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PPP Loan Deadline May Be Extended as SBA Issues New Rules Relating to Loan Forgiveness and Eligibility

Last night (June 30), with the deadline to apply for a loan pursuant to the Paycheck Protection Program set to expire—and with that nearly $130B in allocated funds being left untapped and on the table—the U.S. Senate passed an extension of the program to August 8. Whether the extension passes in the U.S. House of Representatives and is then signed into law is likely but remains to be seen; a House vote is pending as of this writing. In the meantime, attention continues to turn to the loan forgiveness process. (Read More)

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Defy State and Local Executive Orders at Your Own Risk

The COVID-19 pandemic has spawned numerous executive orders at both the state and local levels. From stay-at-home mandates to directives requiring face coverings and social distancing, laws are now in place throughout the country, all geared to stem the tide of the coronavirus. That being said, many businesses and individuals are unsure if they can be subject to legal liability for failing to obey executive orders issued by governors and mayors nationwide. As a matter of fact and law, they can. Make no mistake, businesses and individuals that run afoul of executive orders (related to COVID-19 or otherwise) may be held criminally and, in some cases, civilly liable. (Read More)

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CDI Announces New Order Regarding Workers' Compensation Premium Savings for CA Businesses Affected by COVID-19

Last week, the California Department of Insurance issued a press release announcing an order issued by Commissioner Ricardo Lara mandating that premiums for worker’s compensation coverage reflect the reduction in risk attributable to the state’s COVID-19-related stay-at-home mandates. By way of this alert, Michelman & Robinson addresses questions carriers may have about the order. (Read More)

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Nevada Division of Insurance to Disallow Policy Exclusions Related to COVID-19

The Nevada Division of Insurance (“NVDOI”) issued an important notice last week to all property and casualty insurers doing business in the state. Pursuant to the notice, the NVDOI will temporarily disallow the issuance of new business interruption policies—and those providing related coverage—if they contain exclusions specifically mentioning COVID-19, viruses, or pandemics. Michelman & Robinson answers some of the questions insurers and policyholders in Nevada may have about the notice. (Read More)

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PPP Loan Forgiveness Application Forms Updated and Streamlined

The Small Business Administration has released a shortened “EZ” Paycheck Protection Program loan forgiveness application form—Form 3508EZ—that can be found here.Form 3508EZ is a streamlined update to the SBA’s prior loan forgiveness application and meant to be simpler and more efficient to complete. (Read More)