During these unprecedented times our hearts and thoughts go out to all of those being affected by the COVID-19 pandemic. The well-being of our ALFA International member firm attorneys, clients, families, vendors and staff, is of the utmost importance and we encourage everyone to closely follow the guidelines of the CDC and the WHO in order to stay well and prevent the spread of this virus.
ALFA International lawyers and law firms – from every jurisdiction across our country and the world – are responding to the COVID-19 crisis. To that end, ALFA International has set up this page to be a central repository for links to helpful resources for you and your colleagues, including:
COVID-19 QUICK REFERENCE GUIDEs
The Workers' Compensation COVID-19 Quick Reference Guide focuses on questions surrounding the compensability of COVID-19 claims under the Workers’ Compensation Act in different jurisdictions.
The Quick Reference Guides below provide a brief overview and links pertaining to executive orders and useful resources within each state or country as well as information related to how courts are addressing pending litigation.
Click HERE for the International COVID-19 Reference Guide PDF
These documents will be updated with new information as it becomes available so please check back often.
Check back later for upcoming COVID-19 webinars. CLE credit will be available for all webinars.
RECORDINGS OF PAST WEBINARS
Click on a title below to access the recording of the webinar.
MEMBER FIRM ALERTS (UPDATED October 9, 2020)
SBA Issues Guidance Regarding PPP Loans and Changes of Ownership
On October 2, 2020, the U.S. Small Business Administration (the “SBA”) published Procedural Notice 5000-20057 (the “Procedural Notice”), which provides guidance addressing whether SBA approval is required prior to changes of ownership of companies who are borrowers under the Paycheck Protection Program (“PPP”). Up to this point, borrowers, lenders and advisors have grappled with the lack of clear guidance regarding change of ownership rules under the PPP, with many PPP lenders taking the position that, in the absence of clear guidance otherwise, all changes of ownership or material asset sales by PPP borrowers require prior approval from the SBA. Click HERE to read Keating Muething & Klekamp PLL's article which gives an overview of the recently published guidance.
Key FFCRA Regulations Overturned by Federal Court
Furloughed employees may be entitled to paid leave under the Families First Coronavirus Response Act (FFCRA) even if their workplace is shuttered due to the pandemic, according to an August 3, 2020 ruling by a federal court in the Southern District of New York in State of New York v. United States Department of Labor. Click HERE to read Nilan Johnson Lewis' article discussing the ruling and what's next for employers.
COVID-19 Update: Interim Final Rules on PPP Loan Forgiveness Requirements and SBA Loan Review Procedures
On May 22, 2020, the Small Business Administration (SBA) and the Department of Treasury issued two interim final rules related to the Paycheck Protection Program (PPP). The first provides guidance to borrowers and lenders on forgiveness requirements for PPP loans. The second informs borrowers and lenders of SBA’s process for reviewing PPP loans and loan forgiveness applications. Click HERE to read Baylor Evnen's article that provides key takeaways and a step-by-step summary of the loan forgiveness process below.
Getting Back to Business: Are You Ready to Reopen in the New Normal? (NY and NJ)
The upcoming reopening of businesses in New York and New Jersey will prove to be another extraordinarily challenging chapter to the COVID-19 pandemic. While New York and New Jersey indicated early on that the states would coordinate their resumption of business steps and schedules, there have been and will be differences in reopening approaches and requirements as the progress each state is making in reducing the number of new cases and deaths from the virus has varied. Click HERE to read Sills Cummis & Gross' overview of the reopening approaches in both states and some key takeaways.
FMCSA Extends Emergency Declaration of Relief from Motor Carrier Regulations
The Federal Motor Carrier Safety Administration has again extended its March 13, 2020 Emergency Declaration that granted relief to drivers transporting emergency supplies from compliance with certain driver safety regulatory requirements in federal regulations (49 C.F.R. §§ 390-399). The March 13 Declaration, originally set to expire on April 12, which was extended to 11:59 P.M. on May 15, 2020, has now been extended to 11:59 P.M. on June 14, 2020, or when the national emergency declared by President Trump ends, whichever is earlier. Click HERE to read Frantz Ward's brief overview and link to the declaration.
COVID-19 and Force Majeure Clauses Under Delaware Law
Commercial contracts often include a force majeure clause that limits a party’s liability for non-performance in the face of extraordinary events or circumstances beyond that party’s control. As the COVID-19 pandemic continues to impact our economy, litigation will inevitably ensue over the inability to perform under a contract because of limitations resulting from the coronavirus. Delaware case law interpreting force majeure provisions is sparse, but provides some guidance for how courts will apply those provisions in context of failures to perform caused by COVID-19. Click HERE to read Morris James' overview of Delaware case law and key takeaways.
COVID-19: Considerations for Companies Toolkit (UK)
The COVID-19 pandemic is causing disruption to businesses of all sizes across the UK. With an uncertain economic outlook, reviewing how a company can deal with and adapt to the evolving business environment is critical. Understanding the legal rights and responsibilities of the company, and its directors, is also a vital part of this task. Click HERE to read Charles Russell Speechlys' resource that sets out some of the key issues for companies and directors, focusing on supporting employees, protecting company finances and commercial relationships and dealing with real estate issues
Tax Topics for Tough Times (Canada)
Times of economic uncertainty produce both challenges and opportunities for businesses, some of which are more obvious and urgent than others. Click HERE to read Borden Ladner Gervais LLP's paper that identifies the most important issues businesses face under the Income Tax Act (Canada) in the context of a challenging economic environment.
COVID-19 & Employment Law in Japan - Some Key Questions
The sudden onset of the COVID-19 emergency has caused significant disruption across swathes of the Japanese economy and raised novel and urgent questions for employers as they seek to handle the challenges they face, whilst balancing the protection of their business and their obligations to their workers. Click HERE to read Atsumi & Sakai's memorandum that briefly addresses a number of key employment law issues and questions.
COVID-19: Additional, exceptional and temporary measures adopted by the Superintendency of Banks of Panama and the Panama Banking Association
On March 16, 2020, the SBP issued Rule 2-2020, which was subsequently amended by Rule 3-2020 (here in after referred to as “Rule 2-2020″) and “establishes additional, exceptional and temporary measures for compliance with the provisions contained in Rule 4-2013 on credit risk.” Rule 2-2020 creates a new category of credits named “modified credits” and it allows banks, in agreement with their debtors, to modify the conditions originally agreed without this being considered a “restructured credit.” Click HERE to read Morgan & Morgan's overview of the measures adopted by the Superintendency of Banks of Panama and the Panama Banking Association.
Please visit our Publications Page for additional articles related to COVID-19.