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Showing 6 posts by Mona Z. Hanna.

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PPP Guidance Issued by the SBA and U.S. Treasury at Odds With the CARES Act—Michelman & Robinson Files First-of-Its-Kind Lawsuit Challenging FAQs

Click here to read the lawsuit.

There continues to be significant backlash about the Paycheck Protection Program and loans being taken by not-so-small businesses like Ruth’s Hospitality Group (operator of the Ruth’s Chris Steak House chain), Auto Nation, and even the Los Angeles Lakers, which has put U.S. Treasury Secretary Steven Mnuchin on the defensive. On the heels of his recent comment that PPP borrowers improperly certifying their needs for relief under the CARES Act will suffer “severe consequences,” comes Mnuchin’s statement last week that, “for any loan over $2M, the Small Business Administration will be doing a full review of that loan before there is loan forgiveness.” (Read More)

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An Important Message From Michelman & Robinson About California Governor's Statewide Stay-At-Home Order

The entire state of California has essentially been placed on lockdown as Governor Gavin Newsom has called for a statewide stay-at-home order to combat the spread of the coronavirus, which causes COVID-19. Governor Newsom’s move, which impacts nearly 40M people, comes on the heels of various “shelter in place” and similar orders that have already been issued throughout the state, including the “Safer at Home” emergency order declared in Los Angeles earlier today by Mayor Eric Garcetti. (Read More

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A Message From Michelman & Robinson About "Shelter in Place" Orders

With several counties in California’s Bay Area ordering residents to “shelter in place” for at least three weeks to keep coronavirus from spreading across the region, and Orange County (California) now following suit and preventing private or public gatherings, it seems quite possible that other jurisdictions may take these drastic measures as well. Whether you are located in an area now subject to a “shelter in place” order, or are somewhere that has yet to restrict movement, it is helpful to understand the scope of these new mandates, especially as they relate to your business.

(Read More)

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M&R Deciphers the Families First Coronavirus Response Act Just Passed by the Senate and Signed Into Law by the President

Today, in an effort to ward off economic calamity, the U.S. Senate passed its second economic relief bill this month in response to the coronavirus pandemic—the Families First Coronavirus Response Act ("Act"). The Act, which passed by an overwhelming 90-8 vote and was then quickly signed into law by President Trump, expands emergency paid sick and family leave for certain workers, expands unemployment insurance assistance, includes nutrition assistance, and guarantees free diagnostic testing for the coronavirus. Michelman & Robinson addresses common questions about the Act in this alert, which supersedes our discussion of the bill that passed the U.S. House of Representatives last week. Note that our analysis is based on the bill’s language as of March 18.

(Read More)

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Class Action: Supreme Court Rules That Federal Plaintiffs Must Show a “Concrete” Injury

Some may view it as a blow to consumer class actions, while others might characterize it as an example of a high court “punting” on a key issue, but regardless of one’s characterization, the United States Supreme Court’s 6-2 decision in Spokeo Inc. v. Robins is reverberating throughout the legal community. In a long awaited opinion, the Supreme Court vacated a Ninth Circuit ruling that had deemed so-called technical violations of the Fair Credit Reporting Act (“FCRA”) sufficient to establish an injury-in-fact for purposes of satisfying the standing requirements to bring a lawsuit under federal jurisdiction. According to the Supreme Court, the Ninth Circuit’s standing analysis was not complete because it failed to consider whether the alleged injury was “concrete.” The Supreme Court has remanded the case to the Ninth Circuit to re-consider the standing issues in light of the Court’s guidance. While the Court may have refused to decide the underlying issue of standing, it did make a significant, and potentially momentous, finding that could curtail the spread of consumer class action lawsuits in which lead plaintiffs identify no actual harm from the violation of a statute. (Read More)

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What Music Rights Holders Need to Know About the Impending NMPA / Spotify Settlement

Not much is known yet about the impending settlement between the National Music Publishers Association (NMPA) and Spotify. Songwriters and other music rights holders will surely have questions regarding the potential impact of this settlement, including how it may affect the ongoing $150 class action suit against Spotify. The below FAQ sheet addresses these questions, and others, in an effort to clarify the potential ramifications of the purported NMPA / Spotify settlement. (Read More)