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Paul Zimmerman
pzimmerman@mrllp.com
310.299.5500

Showing 111 posts from 2020.

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$900 Billion Coronavirus Relief Package Is Now Law

Last week, Michelman & Robinson, LLP reported on the $900 billion COVID-19-related rescue package passed by Congress. As was explained in some detail here, the legislation is designed to deliver long-awaited financial assistance to small businesses, as well as to the millions of unemployed Americans in need. By its terms, the bill will also provide, among other things, housing assistance, funds for schools and colleges, and money for COVID-19 testing and vaccines, including distribution. (Read More)

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Paycheck Protection Program: The Sequel

The Consolidated Appropriations Act, 2021, passed this week by Congress and, as of this writing, awaiting President Trump’s signature, provides $900 billion in COVID-19-related relief. That includes additional Paycheck Protection Program money—some $280 million in all that some have dubbed “PPP2.”

If and when the 5593-page bill becomes law (Trump has suggested he might veto the legislation if Americans in need do not receive larger direct relief payments), small businesses will be able to avail themselves of another round of potentially forgivable loans. This is true whether or not they previously obtained PPP proceeds. Michelman & Robinson, LLP explains. (Read More)

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Taking the Shot: Can You Require Your Employees to Get Vaccinated Against COVID-19?

As has been headline fodder for days, COVID-19 vaccines have been approved and are on the way to the general public. This is big news for employers. Over the next three or four months, many of your employees and contractors will become eligible to receive vaccinations. And this begs the question: should you—and can you—require your workforce to be vaccinated against the novel coronavirus.

Subject to the exceptions discussed below, Michelman & Robinson, LLP has taken the position that the answer to both queries is a resounding “yes.” We believe that getting vaccinated should become an essential term and condition for all employment—this given the overwhelming public health benefit and business continuity that is sure to come if and when employees nationwide are immunized against COVID-19. (Read More)

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What Employees Need to Know About the $900 Billion COVID-19 Relief Package

The $900 billion COVID pandemic relief package passed as part of the broader Consolidated Appropriations Act, 2021, includes some very important details relevant to employment and the workplace. Michelman & Robinson, LLP highlights what employers need to know. (Read More)

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CAATSA vs. NDAA Unraveled

Earlier this afternoon, the U.S. Department of State and the U.S. Treasury’s Office of Foreign Assets Control (“OFAC”) announced sanctions under the Countering America’s Adversaries Act (“CAATSA”) against Turkey’s Presidency of Defense Industries (“SSB” a/k/a “SSM”) and four Turkish individuals for the acquisition of the S-400 missile defense system from Russia. By design, the individuals have been automatically placed on the Specially Designated Nationals and Blocked Persons (“SDN”) List, while SSB was listed under the newly formed Non-SDN Menu-Based Sanctions List (“NS-MBS List”). (Read More)

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New Cal/OSHA Mandates in Effect That Require Immediate Employer Attention

As employers continue to grapple with the impact of the coronavirus pandemic upon the workplace, California’s Division of Occupational Safety and Health (Cal/OSHA) has adopted emergency temporary standards (ETS) that went into effect on November 30, 2020. The ETS, which will last for at least 180 days and are subject to extension, require most California employers to act immediately on several COVID-19-related fronts, including the implementation of written COVID-19 prevention programs that satisfy specific criteria. (Read More)

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New Statewide Stay-at-Home Orders in Effect as COVID-19 Surges

Nearly nine months since the first stay-at-home and “safer-at home” orders were issued in California, residents in the Golden State are once again subject to government-mandated restrictions in another effort to flatten the curve—this as COVID-19-related infection rates, hospitalizations and deaths throughout the state are at record highs. In response to the winter surge of the novel coronavirus and the resulting shortage of beds in intensive care units from San Diego in the south to the Bay Area in the north, Governor Gavin Newsom has announced new regional stay-at-home orders that will, as of this writing, impact 28 counties that encompass 84% of California’s population (that is more than 33 million people). (Read More)

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Congress Working Toward $908 Billion Coronavirus Relief Package

This month, as COVID-19 infections, hospitalizations and death rates soar, and businesses large and small and out-of-work Americans continue to feel the weight of the ongoing pandemic, lawmakers on both sides of the political aisle have been working on a compromise coronavirus aid package worth somewhere in the neighborhood of $908 billion.

Certainly, a follow-up relief plan would be welcomed by those suffering through the worst economic crisis since the Great Depression. Unfortunately, in the wake of the CARES Act (including the Paycheck Protection Program), there has been no consensus on additional financial aid at the federal level. But now, it appears the impasse may be breaking as Congress faces increasing pressure to do something as the nation stares down a seasonal surge in COVID-19 cases and the resulting economic fallout. (Read More)

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California Insurance Commissioner Issues Bulletin Notifying Insurers of Moratorium on Wildfire-Related Cancellations and Non-Renewals

Early last year, California enacted Senate Bill 824 (codified as section 675.1(b)(1) of the California Insurance Code), which serves to prohibit insurers from canceling or non-renewing policies of residential property insurance placed on homes located in certain ZIP codes for a year after the declaration of a state of emergency related to a California wildfire. The statutory provision also requires the California Insurance Commissioner to issue a bulletin informing insurers of the ZIP codes subject to the moratorium. (Read More)

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Direct Physical Loss and Business Interruption Coverage in the Wake of COVID-19

Just over a week ago, Michelman & Robinson reported on the countless entities nationwide that are being denied the benefits of business interruption coverage their insurance policies provide—this despite the losses they are suffering due to COVID-19-related shutdowns and disruptions to business. While our prior alert focused on the failure of carriers to conduct thorough and proper investigations before denying these claims, here we discuss a recent judicial decision that pertains to a frequent basis for the refusal of coverage: the concepts of “direct physical loss” to property, as well as the “virus” exclusion that many policies contain. (Read More)