COVID-19 Viewpoints

Read about the SEC’s extension of conditional relief from filing deadlines and mailing obligations as a result of COVID-19 to July 1, 2020.

Although it may not seem like it, there are privacy-related issues to discuss beyond COVID-19.   Before the state of emergency, we saw the first complaint under the California Consumer Privacy Act (CCPA) filed in a California federal court.  This action, styled as Fuentes v. Sunshine Behavioral Health Group, LLC, Case No. 8:20-cv-00487 (C.D. Cal. March 10, 2020)[LINK TO PDF], arose from a data breach, which allegedly exposed highly sensitive personal and medical information of thousands of patients of Sunshine Behavioral Health Group (“Sunshine”).

Yesterday, we blogged on how scammers are trying to monetize on the COVID-19 health crisis for their personal gain. Though the U.S. Food & Drug Administration (FDA) issued a consumer update yesterday saying that there is still no approved vaccine or drug to prevent or treat this disease, companies have continued to market products that claim to prevent, treat, or even cure COVID-19 in an attempt to “help” or profit from distressed, vulnerable Americans. While the FDA is working tirelessly to review possible vaccines, treatments, and cures, Americans should avoid endangering their health or lives by self-medicating. Per the FDA, self-medicating with any new product on the shelf (real or virtual) could not only lead to adverse effects but also could interfere with crucial medications. We are closely monitoring whether Congress will take specific actions on these increasingly prevalent issues in the context of the COVID-19 pandemic.

As the COVID-19 pandemic continues to spread, so too have concerns about collaboration between competitors attempting to address unmet needs due to this national emergency. Shortages of medical supplies, personal protective equipment (PPE), and health care services pose questions of whether stakeholders can join forces in order to provide these much needed services and supplies.

On March 23, 2020, Governor Charlie Baker of Massachusetts issued COVID-19 Order No. 13 (the “Order”) requiring all businesses and organizations in the Commonwealth of Massachusetts that do not provide “COVID-19 Essential Services” (“Essential Services”) to close their physical workplaces and facilities to workers, customers and the public as of 12:00 noon on Tuesday, March 24, 2020 until 12:00 noon on April 7, 2020.  

This alert reviews executive orders by New York Governor Cuomo and administrative orders by the New York State courts that have stayed residential and commercial evictions and foreclosures in New York.

As authorized by Section 1135 of the Social Security Act, the Centers for Medicare & Medicaid Services (CMS) has announced that it will extend temporary Medicare billing privileges to physicians and non-physician practitioners via telephone and that it will expedite pending enrollment applications submitted by all other providers and suppliers, including DMEPOS.  CMS made the announcement on March 13th and followed up with the publication of FAQs related to enrollment relief earlier this week.

In the past couple of days, the Department of Health and Human Services Office of Inspector General (HHS-OIG) and the Department of Justice (DOJ) each issued warnings about fraudulent schemes relating to COVID-19. While we are all taking precautions to stay safe and #flattenthecurve -- with many under orders to shelter in place -- scammers are preying on fears and insecurities and hawking test kits and vaccines for the virus. These scams are reminders to trust our medical professionals and access them when we feel sick and to think twice when something sounds too good to be true. 

This alert covers new DSIO temporary relief to a major insured depository institution (IDI) and commodity pool operators related to COVID-19 as well as temporary relief from the NFA to CPO members.

On March 16, 2020, the City and County of San Francisco issued an order requiring all individuals in San Francisco County to “shelter in place” from March 17, 2020 through April 7, 2020. The surrounding Bay Area counties (e.g. Santa Clara County, Alameda County, etc., etc.) also issued orders largely mirroring San Francisco’s directive.

With the advent of COVID-19, countries around the world are facing a novel challenge that affects them in unprecedented ways economically, socially, and otherwise.  From a public health perspective, now perhaps more than ever before, authorities are interested in understanding more about the movement patterns of those within their borders, including where certain individuals have traveled to, who they have met with, and where they are located now.  

Two weeks ago, on March 9, the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) sent warning letters to seven companies that allegedly made false or deceptive claims about their products’ ability to treat Coronavirus Disease 2019 (COVID-19).  The agencies warned the companies that their health claims lacked credible supporting evidence and emphasized the FDA does not recognize a vaccine, drug, or treatment for the disease.  

As part of the “New York State on PAUSE” response to the COVID-19 outbreak, on March 20, 2020 Governor Cuomo issued Executive Order No. 202.8 requiring a 100% reduction of the in-person workforce of all non-essential businesses in New York State. While the reduction of in-person workforce is broad reaching, the essential services exception serves to allow landlords to continue providing basic security, janitorial service, and other services truly needed for maintaining and operating their buildings.  Furthermore, landlords and tenants should be able to maintain the IT infrastructure needed for remote work, provided they are doing so in a manner that otherwise comports with the NY State on Pause requirements. 

This alert reviews a March 20 FCC declaratory ruling clarifying that COVID-19–related texts qualify as emergency exceptions under TCPA.

This morning, Massachusetts Governor Baker issued Covid Order No. 13 which mandates that, starting Tuesday, March 24th at 12 P.M., all non-essential businesses and other organizations “shall close their physical workplaces and facilities (“brick-and-mortar premises”) to workers, customers, and the public,” due to evolving spread of COVID-19 in Massachusetts. This directive also orders that, in furtherance of Massachusetts’s COVID-19 response efforts, all non-essential businesses and organizations “are encouraged to continue operations where they are able to operate through remote means that do not require worker, customers, or the public to enter or appear at the brick-and-mortar premises closed by this Order.”

This alert covers the March 23 order by Governor Charlie Baker requiring business closures and prohibiting gatherings of more than 10 people.

This alert covers Governor Cuomo’s executive order allowing corporations in New York to hold virtual-only shareholders meetings in light of COVID-19.

Companies with employees in multiple European locations may well be feeling challenged both in keeping up with public health-driven guidance – and more recently, mandates – relating to the SARS-COV2 risks in the workplace.  On top of extraordinarily urgent efforts to limit the spread of the novel coronavirus while maintaining as much business continuity as possible, companies have legitimate concerns about their data protection obligations under the General Data Protection Regulation (GDPR) and national employment laws.