Alert
Published 04/22/2020
By Richard B. Carroll, Jessica M. Jones
Services Corporate
On April 6, 2020, Delaware Governor John Carney issued the Tenth Modification of the Declaration of a State of Emergency for the State of Delaware (the “Modification”). The Modification has significant implications for Delaware corporations dealing with the impact of the COVID-19 pandemic. Specifically, the Modification permits Boards of Directors of Delaware corporations subject to the reporting requirements of § 13(a) or § 15(d) of the Securities Exchange Act of 1934 (the “Act”) to: Change a meeting currently noticed for a physical location to a meeting conducted solely by remote...
Alert
Published 04/22/2020
By Sam Diehl, Lauren F. Schoeberl
Services Labor and Employment
Employers are required to comply with federal and state safety and health standards. Employers also have a general duty under OSHA Section 5(a)(1) to provide employees with a workplace free from recognized hazards likely to cause death or serious physical harm. Similar duties arise under state statutes and common law with respect to both employees and third parties who may enter a workplace, such as customers and visitors. The application of these standards and best practices related to COVID-19 continue to be determined and evolve. The following considerations will help employers mitigate...
Alert
Published 04/22/2020
By Pamela S. Goodwin, Elizabeth U. Witmer
Services Environmental
Did the Army Corps of Engineers (Corps) violate the National Environmental Policy Act (NEPA) by not engaging with U.S. Fish and Wildlife in an Endangered Species Act (ESA) consultation prior to reauthorizing Nationwide Permit 12 in 2017, and does that mean that all projects currently being planned or constructed under NWP 12 are at risk? A judge for the United States District Court for the District of Montana answered “yes” to the first question by entering a sweeping order that sent the general permit back to the Corps for a do-over, leaving the answer to the second question uncertain. As a...
Alert
Published 04/22/2020
By Cathleen M. Devlin, Jared S. Hawk, Jillian K. Walton
Services Litigation
In a 4-3 decision on April 13, 2020, the Supreme Court of Pennsylvania upheld Governor Tom Wolf’s March 19, 2020 Executive Order requiring the closure of the physical operations of all non-life-sustaining businesses to slow the spread of COVID-19. The Court’s Opinion is among the first to address the legality of business closure orders currently in place across the nation in response to the pandemic. Similar legal challenges are pending in California, Michigan, New Mexico, and Texas, with more sure to follow. In order to reach a swift resolution–in less than a month after the Pennsylvania...
Blog Post
Published 04/22/2020
By Stephanie L. Denker
Services : Consumer Financial Services Litigation
Blog Post
Published 04/21/2020
By Ira M. Shepard
Services : Labor and Employment
Alert
Published 04/20/2020
By Jonathan A. Havens, Kermit J. Nash
Industries Food, Beverage and Agribusiness
On Friday, April 17, 2020, the U.S. Department of Agriculture (USDA or the Department) announced the creation of the Coronavirus Food Assistance Program (CFAP). In implementing CFAP, USDA will undertake a number of actions to assist farmers, ranchers, and consumers in response to the COVID-19 national emergency. Through CFAP, the Department will deploy $19 billion to provide critical support to qualifying farmers and ranchers to maintain the integrity of the United States’ food supply chain. In describing the need for CFAP, USDA Secretary George Ervin "Sonny" Perdue III stated, “The American...
Blog Post
Published 04/20/2020
By Ruth A. Rauls, Anna Maria Tejada
Services : Labor and Employment
Blog Post
Published 04/20/2020
By Jonathan A. Havens, Kermit J. Nash
Industries: Food, Beverage and Agribusiness
Services : Regulatory Compliance and Government
Videos
Published 04/19/2020
Industries Real Estate
Navigating the Ever-Changing Real Estate Landscape and How the CARES Act May Impact it
Videos
Published 04/19/2020
Industries Real Estate
Navigating the Ever-Changing Real Estate Landscape and How the CARES Act May Impact it
Alert
Published 04/17/2020
By Nancy S. Hearne
Services Personal Wealth Estates and Trusts
While we shelter in place and watch our stock portfolios shrivel, there is a natural tendency to focus on our isolation and loss. However, the current economic downturn created by the COVID-19 pandemic presents a unique opportunity that rarely comes along. Some savvy individuals are taking advantage and implementing strategies to move future growth in their now depressed portfolios away from the reach of the IRS when they die. The combination of low interest rates and depressed stock values makes this a perfect time for one strategy in particular - the GRAT, or Grantor Retained Annuity Trust...
Blog Post
Published 04/17/2020
By Angella N. Middleton
Services : Labor and Employment
Blog Post
Published 04/17/2020
By Gregory M. Boucher, Donald A. Rea, James E. Goodrich
Industries: Construction
Blog Post
Published 04/17/2020
By Gregory M. Boucher
Alert
Published 04/16/2020
By Cathleen M. Devlin, Pamela S. Goodwin, Melissa A. Clarke
Services Environmental
On April 10, 2020, the U.S. Environmental Protection Agency (EPA) released a Memorandum titled “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19.” This Interim Guidance follows on the heels of EPA’s recent issuance of a temporary policy memo on COVID-19 implications for EPA’S Enforcement and Compliance Assurance Program . To Whom and Under What Circumstances Does the Interim Guidance Apply? EPA’s Interim Guidance applies to any and all field work related to cleanup and emergency response actions at sites across the nation that is occurring pursuant to an array of...
