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Paul Zimmerman
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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)

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Hotels in California May Be Days Away From Reopening: What Hoteliers Need to Know

Good news for hotels from the California Department of Public Health: beginning this coming Friday (June 12), they (along with restaurants and bars, gyms, film studios, and a host of other establishments) have been given the green light to reopen for business. But before jumping for joy, hoteliers must understand that the final say in terms of reopening belongs to each county within the state. That being said, in anticipation of vacancy signs being illuminated once again, the CDPH and Cal/OSHA released revised COVID-19 Hotel and Lodging Industry Guidance. By way of this alert, Michelman & Robinson shines a light on topics and some specifics from the extensive guidance that must be considered as hotels begin operations in the midst of the coronavirus pandemic. (Read More)

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Senate Passes Paycheck Protection Program Flexibility Act of 2020

As Michelman & Robinson previously reported, the U.S. House of Representatives recently introduced the Paycheck Protection Program Flexibility Act of 2020 (the Flexibility Act). That bill, albeit slightly amended, was passed by the House early last week, and the Senate followed suit yesterday (June 3), passing the Flexibility Act by voice vote. The text of the legislation can be found here.

The major provisions of the bill, as passed, give business owners more flexibility and time to use PPP loan money and still qualify for forgiveness. (Read More)

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House Introduces Pandemic Risk Insurance Act of 2020 in the Wake of COVID-19 Business Interruption Claims

Legislation known as the Pandemic Risk Insurance Act of 2020 (the PRIA), which was introduced in the U.S. House of Representatives this week, aims to create a reinsurance program in response to the growing COVID-19 crisis and in anticipation of future pandemics and their effects on the insurance industry and broader economy. Similar in scope and with language comparable to the Terrorism Risk Insurance Act of 2002 (TRIA) that was passed after 9/11, the PRIA, if signed into law, would cap the total pandemic-related insurance losses that carriers might face going forward. Michelman & Robinson explains. (Read More)

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House Contemplates Revisions to the Paycheck Protection Program

This week, the United States House of Representatives is set to take action on a bipartisan bill coined the Paycheck Protection Program Flexibility Act of 2020 (the Flexibility Act). Introduced by Reps. Dean Phillips (D-MN) and Chip Roy (R-TX) on May 15, the law, if passed, would make certain substantive changes to the PPP, as described below. (Read More)

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Hoteliers Beware: a Return to Business Post-Pandemic Brings With It Potential Legal Liability

Without question, tourism—and by extension, hospitality—has been one of the industries hardest hit by the coronavirus pandemic. This remains the case even as stay-at-home orders begin to be phased out and states gradually reopen for business. Long story short: hotels will continue to feel the economic sting of COVID-19 for the time being as non-essential travel is still discouraged by the Center for Disease Control, if not altogether prohibited in some places by virtue of cross-border restrictions, among other things. (Read More)

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California Insurance Commissioner Extends Order for Insurers to Partially Refund Premiums

This is an update to Michelman & Robinson's previous report about California Insurance Commissioner Ricardo Lara’s bulletin (Bulletin 2020-3) to insurance companies requiring the return of premiums to businesses and consumers in an effort to provide financial relief during the coronavirus crisis. By way of a new bulletin (Bulletin 2020-4issued today (May 15, 2020), Commissioner Lara has extended his prior mandate directed at all admitted and non-admitted property and casualty and workers’ compensation carriers doing business in CaliforniaM&R explains the scope of Commissioner Lara’s updated directive here. (Read More)

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SAFE Banking Act for Cannabis-Related Businesses Included in the HEROES Act

Michelman & Robinson previously reported that federal assistance could be on the horizon for legitimate cannabis-related businesses and their service providers in the wake of the coronavirus pandemic. If Democrats in the U.S. House of Representatives have their way, that help could come sooner rather than later, as legislators have baked provisions into the pending HEROES Act aimed at providing cannabusiness's access to financial services, like banking. (Read More)

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U.S. House Democrats Introduce HEROES Act, a New $3T Stimulus Package

This week, Democrats in the U.S. House of Representatives introduced the HEROES ACT, a new $3T coronavirus stimulus package that, if passed, will grant further economic relief—this time to a wide array of industries and Americans still suffering from the impact of COVID-19. The House official government website has posted the proposed bill, which can be found here. For those who would rather not read the 1,815-page legislation, which is expected to meet with plenty of Republican opposition in the Senate, Michelman & Robinson summarizes the major provisions below. (Read More)

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The Many Questions Surrounding COVID-19-Related Workers’ Compensation Claims

COVID-19 has divided the workforce. There are employees who can work remotely, lowering their exposure to the disease and greatly reducing the chance of workplace injury. And then there are those on the front lines who must continue to work on location, such as first responders and employees in the health care, food service, and delivery industries. In either case, workers can and are becoming sick, and as businesses begin to reopen on-site before widespread testing is available, it is inevitable that even more employees will catch COVID-19. This begs the question: will employees who come down with the illness give rise to a spike in related workers' compensation claims? (Read More)