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Paul Zimmerman

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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)

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Federal Anti-Discrimination Law Extends to LGBTQ Employees

The U.S. Supreme Court has delivered great news to the LGBTQ community nationwide. In this week’s landmark decision captioned Bostock v. Clayton County, the high court ruled that federal law—namely, Title VII of the Civil Rights Act of 1964—prohibits employment discrimination against LGBTQ workers. To that point, Justice Neil Gorsuch, writing for the 6-3 majority, stated, “An employer who fires an individual merely for being gay or transgender violates [the law].” (Read More)

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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of claim contemplated in any given matter, as a rule, if it “runs out” prior to the filing of a complaint, the case is no longer valid.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)

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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)

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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)