Goodluz © depositphotos.com

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)

jpainting © depositphotos.com

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)

moleks © depositphotos.com

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)

AndrewLozovyi © depositphotos.com

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)

zimmytws © depositphotos.com

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)

chrupka © depositphotos.com

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)

designer491 © depositphotos.com

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)

dicogm © depositphotos.com

California Modifies the Tolling of Statutes of Limitations in Civil Cases

Most lawsuits must be filed within a prescribed period of time, and the deadline for initiating a civil action is known as the statute of limitations. While the statute of limitations varies depending upon the type of claim contemplated in any given matter, as a rule, if it “runs out” prior to the filing of a complaint, the case is no longer valid. (Read More)

andrewde © depositphotos.com

Note to the SBA: Debtors in Bankruptcy Are Eligible for PPP Loans

As previously reported, Michelman & Robinson filed a first-of-its-kind lawsuit on May 4 against the U.S. Treasury Department, Treasury Secretary Steven Mnuchin, the Small Business Administration, and the SBA’s administrator Jovita Carranza on behalf of three tech companies. Our case—which challenges guidance from the SBA issued in consultation with Treasury as it relates to the necessity of PPP loan requests—is pending, and the defendants have until July 10 to respond. In the meantime, the SBA is facing other PPP-related litigation in U.S. Bankruptcy Courts, and a well-reasoned decision was just handed down by one of them supporting the ability of bankruptcy debtors to obtain PPP loans. The case, and sound logic of the bankruptcy judge presiding, should be of interest to bankruptcy debtors nationwide. (Read More)

CCPA Enforcement Date Fast Approaching Regardless of COVID-19

By virtue of the COVID-19 pandemic and unrest now gripping our nation, the California Consumer Privacy Act (CCPA) may not be top of mind for those doing business in the Golden State. But it should, as the privacy law’s July 1 enforcement deadline is almost upon us.

Earlier this year, several industry groups petitioned California’s Attorney General to move the deadline to January 1, 2021, in light of the coronavirus and its impact upon businesses nationwide. However, in an April press release, the Attorney General’s office refused to do so, stating that online privacy remained a priority, especially with the increases in people working remotely or homeschooling children. As such, there is no indication that enforcement of the CCPA will be delayed. (Read More)