COVID-19 Resources As of November 5, 2021 —The growing public, political and economic turmoil arising out of the COVID-19, or “coronavirus,” infectious disease strain is creating a broad range of increasingly serious concerns for businesses and governments around the world and is having an unprecedented short-term impact on consumers and on the debt and equity capital markets. The long-range implications are impossible to predict, but recent market volatility attributable at least in part to the developments seem disproportionate to the events we’ve seen to date. At the same time, the pandemic has proven extremely difficult to contain, and efforts across the United States have shifted to voluntary isolation programs and, in many states widespread closures of businesses, schools and workplaces. Several states, including California, Oregon and Washington, have issued work-from-home or shelter-in-place orders. The impacts of these measures on commerce and industry cannot yet be predicted but are expected to be severe, and federal and state government agencies have announced or are considering a broad range of measures aimed at stemming both the health crisis and the ongoing economic shockwaves. Our clients, like many others, are increasingly concerned about not only the operational risks, but also to risks arising out of the public’s response. Our attorneys are currently advising clients as to the wide-ranging implications and we have decided to publish a bulletin to help our clients and others anticipate and address some of the risks that seem to flow from these circumstances. We will provide regular communications to our clients and friends addressing the many issues and risks as they occur because of COVID-19. In the meantime, we at Buchalter wish health and safety for our clients and friends and their families. COVID-19 Resources by State Executive Orders By State Webcasts/Podcasts Mind the Gap: No Rent Relief for The Gap in New York Business Law Roundtable Podcast: COVID-19 Stimulus Bill Amends Bankruptcy Code To Encourage Payment Deferral Plans Real Estate Shop Talk Podcast: New Changes to the Paycheck Protection Program – Opportunities for Commercial Real Estate Landlords, Tenants and Lenders Real Estate Shop Talk Podcast: A Comparison of California Eviction Moratoriums and Overview of Nationwide Landlord-Tenant COVID Litigation Effective Immediately! California’s Emergency COVID-19 Workplace Regulations Real Estate Shop Talk Podcast: Retail & Restaurant Bankruptcies Due to COVID-19 Real Estate Shop Talk Podcast: COVID-19—A Look at Business Interruption and Commercial General Liability Policies Real Estate Shop Talk Podcast: California Re-Opening Guidance and Protocols for Commercial Office Buildings Real Estate Shop Talk Podcast: Closing Real Estate Transactions During COVID-19 Real Estate Shop Talk Podcast: Passing Through Commercial Lease Operating Expenses During COVID-19 and the State of Evictions in California Lender Options for Workouts, Foreclosures, and Receiverships California Employer Considerations and Best Practices for Returning to Work in the Wake of COVID-19 Protect Your Agency’s Intellectual Property in an Era of Working at Home Under COVID-19 Construction Lending Under Covid-19 Lending In The Shadow Of COVID-19: Modification Agreements, Forbearances And Avoiding NPLs & Litigation Managing Insurance Claims, Policies, and Litigation During COVID 19 Understanding and Not Fearing Covid 19 As It Affects Your Life and Business Alerts Labor & Employment OSHA Issues COVID-19 Vaccination and Testing Emergency Rules COVID-19 Infection May Be an OSHA Recordable Work-Related Illness California’s COVID-19 Supplemental Paid Sick Leave Returns Cal-OSHA Wins First Round in Major Court Challenge to its COVID-19 Emergency Regulation Cal/OSHA Emergency COVID-19 Workplace Safety Standard Takes Effect California Employers Will Soon Have to Take Action upon Notice of Potential Covid-19 Exposure within One Business Day Court Decision Expands Families First Coronavirus Response Act Coverage Cal/OSHA Issues Interim General Guidelines on Protecting Workers from COVID-19 and Guidance Regarding COVID-19 Recording and Reporting Requirements Mitigating Exposure to Employee COVID-19 Illness Claims Considerations for Employers Bringing Employees Back to Work in the Wake of the COVID-19 Pandemic Takeaways from the DOL’s Latest FFCRA FAQs Local COVID-19 Related Emergency Sick Leave Ordinances in California: San Francisco and San Jose Large Employers in the City of Los Angeles Must Provide Supplemental Paid Sick Leave Department of Labor’s New Regulations and Guidance on the Family First Coronavirus Relief Act (“FFCRA) Reminder to Essential Businesses: Ensure You are in Compliance with Federal, State, and Local Safety Orders Employment Legislative Actions in the Works Following the COVID-19 Outbreak Employment Law Update COVID-19 March 9, 2020 Corporate Law PPP Eligibility: Counting Non-U.S. Employees of Foreign Affiliates Annual Shareholder Meetings in the Time of Coronavirus The CARES Act and Its Small Business Loan Program Force Majeure and Covid-19 Corporate and Transactional Update COVID-19 March 20, 2020 Real Estate San Francisco Provides New Evidentiary Presumption in Continued Push to Provide Rent Relief to Limited Commercial Tenants California is Reopening, Will Commercial Evictions Remain on Hold? DFPI Reminds Debt Collectors about Rental Protections for COVID-19 Rental Debt Regional Stay-at-Home Orders Lifted as California Returns to Tiered COVID System; Companies and Landlords Consider Ramifications of Mandatory Vaccine Programs San Francisco Commercial Eviction Moratorium Update San Francisco Extends Commercial Eviction Moratorium and Provides Repayment Relief for Qualified Small Businesses San Francisco Moves to Lowest COVID Tier in California, Begins Process of Reopening Non-Essential Offices; Other Bay Area Counties Slower to Follow California Extends Local Ability to Enact Commercial Eviction Moratoriums and Questions Abound for Local Governments, Tenants and Landlords Guidance in Implementing San Francisco Department of Public Health COVID-19 Health Screening Forms Podcast: Passing Through Commercial Lease Operating Expenses During COVID-19 and the State of Evictions in California The Future of California Evictions in the COVID Era: California Judicial Council Votes to End Statewide Eviction Moratorium Excusing Contractual Performance in Real Estate Agreements in the Age of COVID UPDATE: San Francisco’s Emergency Ordinance on Cleaning Commercial Office Buildings and Hotels Signed by Mayor and Became Effective July 17, 2020 Bay Area Businesses Face Uncertainty Over Conflicts Between State and Local Reopening Guidelines San Francisco Supervisors Pass COVID-19 Emergency Ordinance on Cleaning Hotels and Commercial Office Buildings San Francisco Continues “Shelter in Place” Order with Limited Expansion of Essential Business Operations San Francisco Announces Plan for Phased Reopening Extension of San Francisco Commercial Tenant Eviction Moratorium and Impact of Proposed California Senate Bill 939 Planning for Re-Opening: What Owners, Property Managers and Users of Office and Retail Properties Should Consider Judicial Council Enacts COVID-19 Emergency Rules Preventing Unlawful Detainers and Staying Judicial Foreclosure Actions Statewide COVID-19 Bay Area Shelter-in-Place Order and Local Government Status California City and County Eviction Moratoria List Impact of San Francisco’s Commercial Tenant Eviction Moratorium Buchalter Client Alert: Impact of COVID-19 on Real Estate Transactions Real Estate Update COVID-19 March 9, 2020 Commercial Finance PPP Loans Now Available to Otherwise-Eligible Companies That Have Ended Their Bankruptcy Proceedings PPP Application Deadline Extended to May 31, 2021 New Treasury PPP Rules Clarify Recent Changes to PPP Program, Extend Time to Obtain a PPP Loan to March 31, 2021 New PPP Changes in the Stimulus Bill: Second PPP Loan for Hardest-Hit Existing PPP Borrowers, Additional Categories of Forgivable Expenses, Tax Deductibility for Expenses Paid with PPP Proceeds, Lender Liability Limitations, Simplified Forgiveness Application for Loans of $150,000 or Less, and Other Changes Expert Advice for New Phases for Lenders and Borrowers on PPP and MSLP Loans: PPP Loan Forgiveness and SBA PPP-MSLP Loan Reviews NEW DEADLINES – Main Street Lending Program: Federal Reserve Announces Last Day for Lender MSLP Participation Purchase Submissions is December 14; Lenders Will Require Borrower MSLP Loan Applications to be Completed Several Days Prior Federal Reserve Issues New Main Street Lending Program FAQs Regarding Restrictions on Underlying Credit Facilities for MSELF Loans; Co-Borrower Requirements; Obtaining Information About Core Rights Acts; and Requiring Disclosure of LIBOR Reset Information when Selling Loan Participations to the Main Street SPV New PPP Guidance Simplifies Forgiveness Application Process for Small PPP Loans of $50,000 or Less; Clarifies Lenders’ Responsibilities Regarding Review of Borrower Calculations and Documentation of Forgivable Eligible Costs for Such Small Loans SBA Issues New PPP Guidance Regarding Required Approval for a Sale of Assets or Transfer of Ownership of a PPP Borrower; Use of Escrow Accounts to Avoid Requirement of Prior SBA Approval Federal Reserve Announces Main Street Lending Program Will Accept Multi-Borrower Loans and Issues New FAQs Outlining Requirements; Announces Acceptance of Non-Profit Borrower Loans; Alters Standards for Lenders When Evaluating Borrowers; and Provides Guidance on Insider Loans and Compensation Treatment Entrapment-by-Estoppel: A Potential Future Defense for Lenders in PPP Fraud Cases Main Street Lending Program: Federal Reserve Posts Amended Transaction Documents and Frequently Asked Questions Main Street Lending Program and Other Federal Reserve Emergency Lending Facilities Extended to December 31, 2020 Buchalter COVID-19 Client Alert: Lenders May Submit PPP Forgiveness Applications to SBA on August 10; SBA Issues New Procedural Notice with Guidance for Lender Forgiveness Review/Submission Main Street Lending Program Expanded to Include Nonprofit Organizations OCC Proposes New Rule Defining “True Lender” Federal Reserve Issues New Main Street Lending Program Guidance in Amended Frequently Asked Questions Congress Passes Extension of PPP Loan Origination to August 8 and Sends to President Trump Federal Reserve’s Main Street Loan Program is Officially Launched; Buchalter Announces Main Street Lending Team Federal Reserve Expands Main Street Lending Program; Reduces Some Minimum Loan Amounts, Raises Maximum Loan Amounts, Extends Loan Term Federal Reserve’s Main Street Loan Program is Officially Launched; Buchalter Announces Main Street Lending Team Federal Reserve Expands Main Street Lending Program; Reduces Some Minimum Loan Amounts, Raises Maximum Loan Amounts, Extends Loan Term PPP Flexibility Act is Enacted PPP Flexibility Act Passes House, Likely Vote in Senate Next Week CFPB Issues Proposed Rule, FAQs and Revised CHARM Booklet for Transition from LIBOR OCC’s CRA Final Rule Treasury Issues New Interim Final Rule Re PPP Loan Forgiveness Treasury Issues Application for SBA PPP Loan Forgiveness Treasury Issues New PPP Interim Final Rule, and Revised Long Form and New Short Form EZ Forgiveness Application and Instructions New Guidance on Main Street Loan Program for Small and Medium Sized Businesses Viral Issues for Commercial Finance Lenders and Borrowers Why am I Thinking About Forbearance? Loan Assistance for Small and Medium-Sized Businesses: Federal Reserve Issues Term Sheets for Main Street Lending Program Commercial Finance and Lending Update COVID-19 March 9, 2020 Health Care Health Plans are on the Hook for COVID Testing, Per the DMHC Did you receive a deposit from HHS? Before you spend it, read this. Hastening Telehealth Provision of Medical Services Across State Lines Treasury Department Releases Answers to the Paycheck Protection Program Loans Frequently Asked Questions CMS Temporarily Expands Advanced Payment Program Eligibility CMS Issues Blanket Waivers of Stark Law During COVID-19 Emergency Requirements on Telehealth Prescriptions Eased for COVID-19 New Flexibility for Telehealth: Waiving Cost-Sharing Obligations and Using Audio/Video Communications Healthcare Update COVID-19 March 18, 2020 Energy and Natural Resources Environmental Compliance during COVID-19 (Hint: EPA did not Suspend Environmental Laws) Energy and Natural Resources Update COVID-19 March 9, 2020 Land Development and Regulatory Compliance Land Development Update COVID-19 March 19, 2020 Buchalter Client Alert: Land Development and Regulatory Compliance Update (March 13, 2020) Buchalter Client Alert: Land Development and Regulatory Compliance Update (March 11, 2020) Environmental, Health & Safety Update COVID-19 March 9, 2020 Litigation Despite the Shut Down and Absence of Final Implementing Regulations, California’s Attorney General Still Intends to Enforce the California Consumer Privacy Act Starting July 1, 2020 UPDATE: California Local Court Orders Regarding Closure Buchalter Client Alert Covid-19: Cybercrimes Intellectual Property Excusable Non-Use of U.S. Trademarks in the Time of COVID COVID-19 and Intellectual Property Law – UPDATED Potential Trademark Cautions When Creating New Goods/Services in These Times Covid-19 and Intellectual Property Law Insolvency and Financial Law Congress Incentivizes Rent Deferral During COVID-19 Pandemic Through Bankruptcy Code Amendments in Stimulus Bill Doing Business with a Customer in Bankruptcy in the Time of COVID-19: Administrative Expense Claims—Take Them to the Bank or Throw Them in the Write-Off Bin? Chuck E. Cheese: The Mouse Who Didn’t Get the (Rent Relief) Cheese The Impact of COVID-19 on the Bankruptcy Court System Insurance Law Stop the Clock: Relief from Your Insurer Claiming a Notice Time Bar During the Pandemic COVID-19 Insurance Coverage Checklist Opposite Sides of the Table: Restaurants Seek Recovery From Insurers for Business Interruption in the Wake of COVID-19 Mortgage Banking CFPB Issues Rule on Required COVID Relief Steps and Availability of Foreclosure for Residential Mortgage Loans FHFA Extends Freddie Mac and Fannie Mae Single-Family Eviction and Foreclosure Moratoria, and Extends GSE Forbearance and Deferral Lengths; List of Current Periods for GSEs, Federal Agencies and States of California, Washington, Oregon and Arizona Federal Court Declares CDC Eviction Moratorium is Unconstitutional, But Does Not Enjoin the Order FHA, VA, USDA Foreclosure and Eviction Moratoria, and Forbearance Application Deadline, Extended to June 30; Current List of Time Periods for GSEs, Federal Agencies and West Coast States Foreclosures and Evictions, and Forbearance Applications FHFA Announces Extension of Time Periods for GSEs’ Foreclosure and Eviction Moratoria; List of Current Time Periods for GSEs, Federal Agencies and West Coast States Foreclosures and Evictions, and Forbearance Applications OCC Issues Final Rule Defining “True Lender” – A Bank is the “Lender” if it is Named the Lender in the Loan Documents or if it Funds the Loan CFPB Issues Rule Extending the “GSE Patch” Expansive New National COVID-19 Related Eviction Moratorium Order Issued by the CDC HUD, FHFA, VA Announce Extensions of Foreclosure and Eviction Moratoriums to December 31, 2020 FHFA to Extend GSE Covid-Related Origination Processing Flexibility Until August 31 ARCC Discusses Expected Time Periods for Discontinuance of LIBOR in Mortgage Originations New HMDA Final Rule Raises Loan Origination Reporting Threshold; Particular Significance for Certain Multifamily Lenders COVID-19 Multifamily and Single Family Mortgage Updates: FHA Multifamily Payment Forbearance and Tenant Eviction Moratorium, Deferral of Appraisals on Certain Loans, Extensions of Deadline to Implement Revised URLA and AUS Specification CARES Act Mortgage Related Provisions, FHA Mortgagee Letters and Q and A’s, Ginnie Mae Announcement re Creation of Liquidity Facility to Support Servicers Banks and Credit Unions Agree to California Residential Mortgage Payment Deferral Plan; Freddie Mac and Fannie Mae Provide Relief to Multifamily Landlords/Owners California Department of Business Oversight Issues COVID-19 regarding Customer Hardship Forbearance Summary of Federal Financial Institution Regulators’ Pronouncements on Assisting Borrowers Opinion Preparing for the Return of Rescission Claims Mortgage Banking COVID-19 Client Alert: FHA, Freddie Mac and Fannie Mae to Suspend Foreclosures and Evictions (March 18, 2020) Mortgage Banking COVID-19 Client Alert: CA Executive Order Addresses Foreclosures And Related Evictions (March 18, 2020) How HMDA Rule Changes Could Impact Lenders Tax, Benefits and Estate Planning Executive Order Payroll Tax Deferral: Guidance and Considerations California’s Employment Training Panel Extends COVID-19 Assistance Opportunities in an Economy Shattered by Covid-19 Estate Planning – COVID-19 Alert Employee Benefits Advice Related to COVID-19 Pandemic in the United States Tax Credits to Offset Congress’ Newly-Mandated Paid Leave Tax and Benefit Update COVID-19 March 19, 2020 Agribusiness/Agrifinance Feeding America in Crisis and Protecting Agribusiness Aviation Financial Accommodations for Airport Tenants in Response to COVID-19 Permissible Uses of CARES Act Grant Funds by Airport Sponsors Education Law, Charter & Private Schools Arizona Charter Schools Planned Re-Opening Privacy and Data Security Law Windfalls and Pitfalls of Pivoting Your Business Model in the New Business Environment Additional Updates Ongoing Developments: CORONAVIRUS UPDATE Buchalter’s Legal Resource Group Buchalter’s Legal Resource Group anticipates that COVID-19 will present clients with the following issues: Labor & Employment — Workplace safety, remote operation, mandatory or voluntary leave with or without pay, wage and hour issues (particularly with offsite or remote working arrangements), OSHA and CalOSHA standards, best practices for employee safety, required accommodations (particularly for employees who are more vulnerable), discrimination and termination issues and employee privacy issues. Corporate and Transactional — Businesses that have operational risks that arise with employees, customers, and vendors whose performance might be affected by the outbreak or related management concerns. The effect of a volatile securities market on M&A and capital markets transactions – including, but not limited to, those involving public companies. The effects of the coronavirus on financial reporting, including the issuer’s disclosures and the audit firm’s audit quality (for example, audit firm access to information and company personnel). Real Estate — Impacts on building owners, developers, landlords, tenants, and real estate transactions. Commercial Finance and Lending — Liquidity: Borrowers drawing down their existing credit facilities to have cash on hand for future supply line and market disruptions. Defaults, Forbearances & Workouts: COVID-19’s impact on many businesses and industries will likely trigger a surge in defaults, forbearances and workouts. Lenders need to review their loan documents, with counsel, for deficiencies and so-called “soft-spots”. Borrowers need to review the documents for provisions that may excuse the lender from making further loans. Material Adverse Change: Determining whether a MAC has occurred, or is likely to occur, based on COVID-19 related disruptions and what lenders should ask for to help make such determination. What to consider when negotiating the MAC clause in pending loan transactions. Mortgage Banking — Loan workouts, loan defaults, foreclosures, loss mitigation and loan modifications, and receiverships, local and state government mandates on mortgage hardship forbearance. Insolvency and Financial Law Group — Buchalter’s Insolvency and Financial Law practice group has significant experience helping its clients deal with the devastating effects of major business disruptions. The reduction of business resulting from the COVID-19 pandemic will cause both immediate and long-term problems for many businesses. The reduced cash flow and inability to meet payment obligations will place a number of companies as well as their counterparties into financial distress. Buchalter’s national insolvency and restructuring practice has successfully represented its clients through complex proceedings in all economic climates. Trusted by the nation’s largest banks and other financial institutions, as well as creditor committees, developers, pharmaceutical companies, retailers and a multitude of other parties requiring financial related solutions, Buchalter combines strategic legal protections with keen industry intelligence to deliver superlative results. Healthcare — Regulatory, compliance, and risk management, advice for hospitals, health systems, physician/physician groups, laboratories, and other providers. Energy and Natural Resources — Manufacturing and transportation delays and labor stoppages, energy regulatory compliance. Land Development and Environmental — Planning, design, construction, and operation of buildings, delays in project milestones, and integration with public spaces that need to be incorporated into new developments at the entitlement stage, ability of project sponsors to timely complete their projects at the local, state, and federal approval levels. The practice group also is advising clients on a regular basis regarding regulatory compliance matters within the backdrop of recently issued COVID-19 orders. Insurance — Assisting policyholders in connection with analyzing their insurance policies and pursuing paths to potential insurance coverage for their business losses and liability claims related to the coronavirus. Tax — Local, state, and federal governments are taking swift action to utilize, expand, and enact tax relief to address hardships caused by the Covid-19 pandemic. These actions include tax payment extensions, such as the IRS and California granting extensions until July 15, 2020 (currently June 15 for California) to pay 2019 income tax liability and first quarter 2020 estimated income tax payments (ordinarily due on April 15, 2020), subject to a capped amount, without interest and penalties. In addition, the IRS is providing similar relief with respect to the payment of 2020 federal estimated income tax payments. Some cities, such as Seattle, will defer business and occupation tax collections for eligible business owners. Tax exemptions to provide needed services and relief are being expanded. The rules regarding Health Savings Accounts (HSAs) and high deductible health plans will be loosened, including to provide Covid-19 testing and treatment without copayment. Presidential declarations are expected to allow employers to make tax-free disaster relief payments directly to employees for certain Covid-19-related personal, family, and property repair, replacement, and rehabilitation expenses.More tax relief will be finalized soon. On March 18, 2020, Congress passed H.R. 6201, Families First Coronavirus Response Act. This bill will expand unemployment benefits and require employers to provide paid sick and family leave to employees, large portions of which would be subsidized by refundable tax credits. Businesses facing tax payments, collections, bad debts, increased expenditures, difficulty with payroll taxes, underfunding of reserve accounts and pension plans, unexpected COBRA obligations, and liquidity pressures will need tax relief and practical informed advice to address tax challenges during this crisis. Benefits — COBRA, Hardship Withdrawals, 401(k) Loans and Distributions, Defined Benefit Plan Funding, Short-term Disability Coverage and Plans, Long-Term Care, Electronic Disclosures, Health Insurance and Self-Funded Plan Rules. Medicare Secondary Payer and Medicaid Coordination Issues. Share History Diversity Alternative Fees Law Firm Policies Community Alliances Adam Bass, Buchalter President & CEO About Careers News & Events Subscribe CA Privacy Notice PI Opt-Out Los Angeles Napa Valley Orange County Portland Sacramento Salt Lake City San Diego San Francisco Scottsdale Seattle © Copyright 2021 Buchalter, A Professional Corporation