The Coronavirus Aid, Relief, and Economic Security (CARES) Act provided trillions in economic relief in response to the COVID-19 pandemic, including hundreds of billions of dollars in aid for the healthcare industry. Regulators in the healthcare industry have also adjusted regulations and procedures in response to the changing landscape caused by the pandemic. While the
Drastic Changes Coming to U.S. Offices as the CDC Recommends An Office Makeover
By Kevin Smith & Jamie Moelis*
On Wednesday, May 27, 2020, the Centers for Disease Control and Prevention (“CDC”) issued new guidance (available here) detailing how employers can safely reopen offices following months of closure amid the ongoing COVID-19 pandemic. The CDC guidance provides a step-by-step checklist for employers to follow to ensure that their office spaces are physically prepared
…
To Disclose Or Not To Disclose: Responding to Trade Secrets Misappropriation by an Employee?
This article was originally published on IP Watchdog.
An employee comes to you with a recipe for your competitor’s “secret sauce.” You know she worked for your competitor before coming to work for you. How do you respond? It’s an important question, because it may go to the core integrity of your organization and because
…
Judicial Council Amends Tolling Period for Statutes Limitations Impacted by COVID-19
By David Hymer
On April 6, 2020, the California State Judicial Council adopted Emergency Rule 9 in response to the COVID-19 pandemic.[1] As originally approved, the rule tolled the statute of limitations for all civil causes of action from April 6, 2020 until 90 days after the Governor lifts the current State of Emergency Declaration related
…
DOD CMMC Update – Third Party Auditors Gear Up and COTS Providers Get a Pass
A lot has happened since the Department of Defense (“DOD”) released its Cybersecurity Maturity Model Certification (CMMC) v. 1.0 back in February (see our prior discussion here). In addition to developments with the CMMC Accreditation Body (“CMMC AB”), DOD has clarified applicability of the program to Commercially available off-the-shelf (“COTS”) providers and the impact
…
Not So Fast – FDA Retracts Authorization for Some Respirators Made in China
Immunity under the Public Readiness and Emergency Preparedness (“PREP”) Act is a moving target for government contractors and other companies manufacturing or distributing personal protective equipment (PPE) in the COVID-19 public health response. We wrote previously about new liability protections afforded to manufacturers and distributors of certain face masks approved by National Institute for Occupational
…
Overview of Recent Updates for Employers in the Commercial Trucking Industry
The COVID-19 pandemic has highlighted the central role local and long haul trucking companies and drivers play in the overall U.S. economy and specifically our public health infrastructure. Now, as states and businesses around the country gradually reopen and truck deliveries begin to ramp up, employers in the commercial trucking industry should be aware of
…
Using “Prospective Hindsight” To Identify And Mitigate Risks During A Crisis
In 1657, mathematician Blaise Pascal commented in a letter to his church leaders “I have made this longer than usual because I did not have time to make it shorter.” More than 100 years later, another Frenchman, Napoleon Bonaparte, offered a similar remark to his valet as he prepared to head out for battle. “Dress
…
Paycheck Protection Program: Loan Forgiveness Estimator Workbook
Below please find a link to the Sheppard, Mullin, Richter & Hampton LLP (Sheppard Mullin) Paycheck Protection Program (PPP) Loan Forgiveness Estimator Workbook (the Workbook), which was created by and is the property of Sheppard Mullin.
The Workbook is intended to help both PPP loan borrowers and those considering taking
…
Getting Ahead of California’s Post-Pandemic M&A Surge: California Senate Bill 997 Seeks to Expand Attorney General Oversight of Healthcare Acquisitions and Affiliations involving Hospitals, Health Systems, Private Equity Groups, and Hedge Funds
On May 18, 2020, California Senate Bill 977 (“SB-977”) was passed out of the California Senate Health Committee and is now scheduled for its first hearing before the Senate Appropriations Committee on June 1, 2020. SB-977 as written would subject all acquisitions and affiliations on and after January 1, 2021 by larger health systems,
…
3D-Printed Masks, Disinfecting Devices, and Simplified Ventilators – a Sampling of Tech Advances in the Age of COVID-19 from California Universities
The current COVID-19 environment has disrupted standard operations in nearly every industry and created fertile grounds for innovation. This is the first of a series of blog posts that will look at how industries have enabled technologies at lightning speed, in an effort to pay homage to the wonders of science innovation in view of
…
Using “Prospective Hindsight” To Identify And Mitigate Risks During A Crisis
In 1657, mathematician Blaise Pascal commented in a letter to his church leaders “I have made this longer than usual because I did not have time to make it shorter.” More than 100 years later, another Frenchman, Napoleon Bonaparte, offered a similar remark to his valet as he prepared to head out for battle. “Dress
…
Will COVID-19 Prompt “Holdout States” to Reconsider Medicaid Expansion?
In 2012, the U.S. Supreme Court in NFIB v. Sebelius struck down a provision in the Patient Protection and Affordable Care Act (the “ACA”) which, for all intents and purposes, made the expansion of the Medicaid program voluntary for individual states. As a consequence, the Medicaid expansion provided for in the ACA has
…
A Roadmap to Resilience: Debriefing California’s Reopening Plan
By Lauren Blaes & Molly Brooks
On March 19, 2020, California Governor Gavin Newsom issued a Stay At Home Order mandating that all California residents stay home, except as needed to support California’s essential critical infrastructure sectors. This Order has no set end date.
However, as many states across the country begin to slowly reopen their economies, California Governor Gavin…
Paycheck Protection Program: Key Features of the Loan Forgiveness Application
By Bijal Vira & Nirav Bhatt
On May 15, 2020, the U.S. Department of Treasury (Treasury) and U.S. Small Business Administration (SBA) issued the Loan Forgiveness Application for borrowers to complete in order to apply for loan forgiveness under the Paycheck Protection Program Paycheck Protection Program (PPP), as enacted under the Coronavirus Aid, Relief, and
…
COVID-19 Web-Based IP Platform to Facilitate Connections
On May 4, the USPTO made available a new web-based intellectual property (IP) platform, Patents 4 Partnerships, to provide the public with a user-friendly, searchable repository of patents and published patent applications related to the COVID-19 pandemic. To be included in the repository, the patentee or patent applicant must indicate that the patent or
…