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COVID-19 Viewpoints

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Securities & Capital Markets Viewpoints Thumbnail

Disclosure Considerations Regarding Operations, Liquidity, and Capital Resources

July 21, 2020 | Advisory | By Anne Bruno, Ginny H. Lee

This advisory discusses the SEC’s recent guidance on operations, liquidity, and capital resources disclosure that companies should consider in light of the COVID-19 pandemic.
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Health Care Viewpoints Thumbnail
On July 2, a bipartisan group of six senators introduced legislation to waive 340B eligibility requirements for hospitals participating in the program during the COVID-19 pandemic. S. 4160 permits hospitals that are 340B-eligible based on their disproportionate share (“DSH”) adjustment percentage to maintain eligibility even if their DSH adjustment percentage falls below the requisite threshold.
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Securities & Capital Markets Viewpoints Thumbnail
This advisory summarizes recent proxy advisor guidance on and strategies for adjusting annual performance goals in light of the COVID-19 pandemic.
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Immigration Viewpoint Thumbnail
On July 14, the federal government’s rescinded its July 6 modification to a student exchange program that would have required nonimmigrant students to leave the U.S. while pursuing a course of study entirely online.
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Health Care Viewpoints Thumbnail

COVID-19 Relief Programs: Recent Criminal Enforcement and Anticipated Trends

July 9, 2020 | Blog | By Eoin Beirne, Nicole Henry

Leading up to a webinar on July 15, 2020, we are publishing a blog series covering the risks of enforcement against companies that received COVID-19 relief funds under the CARES Act and strategies for mitigating those risks.  This third, and final, installment of our series discusses emerging and anticipated criminal enforcement involving COVID-19 relief programs.
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Employment, Labor, and Benefits Viewpoints Thumbnail
On July 6, Massachusetts moved into Phase III of its reopening plan, which allows many businesses and offices spaces to return to the physical workplace. With Phase III comes a new mandatory safety standard: screening employees for COVID-19 or close contact at the beginning of each shift. While the Office Spaces Safety Standards are geared toward office workplaces, we interpret this requirement to encompass an employer’s obligations to both employees and visitors to the office.
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Real Estate, Construction & Infrastructure Viewpoints Thumbnail
On July 6, 2020, Massachusetts entered Phase 3 of its four-phased approach to reopening.  The Administration also updated its Sector Specific Workplace Specific Safety Standards for Office Spaces to Address COVID-19, which were originally released on May 18.  
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Health Care Viewpoints Thumbnail

COVID-19 Relief Programs: The Anticipated Wave of False Claims Act Cases and Oversight Agency Enforcement Activities

July 2, 2020 | Blog | By Brian Dunphy, Geoffrey Friedman, Caitie Hill, Jane Haviland, Karen Lovitch

Leading up to a webinar on July 15, 2020, we are publishing a blog series covering the risks of enforcement against companies that received COVID-19 relief funds under the CARES Act and strategies for mitigating these risks.  This second installment of our series discusses our predictions related to litigation and enforcement activities. We expect a substantial number of False Claims Act (“FCA”) investigations and lawsuits initiated mainly by whistleblowers (also known as “relators”). The FCA remains the government’s primary enforcement tool for pursuing alleged fraud by recipients of government funds, and FCA claims present substantial risk because the statute permits treble damages and significant per-claim penalties. For example, an erroneous $100,000 loan under the Paycheck Protection Program (“PPP”) can result in $300,000 in FCA damages, or more.
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Lobbying and Public Policy Viewpoints Thumbnail

Senate & House Advance PPP Extension: Setting Stage for Next COVID-19 Stimulus Package

July 2, 2020 | Blog | By Alexander Hecht, R. Neal Martin, Anthony DeMaio

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Health Care Viewpoints Thumbnail

Massachusetts Adopts Permanent Telehealth Policy for the First Time

July 1, 2020 | Blog | By Sarah Beth Kuyers, Ellen Janos

Last Thursday, the Massachusetts Board of Registration in Medicine (BORIM) approved its first permanent telehealth policy. The Board had previously approved this policy on an “interim” basis in response to the COVID-19 pandemic on March 16, 2020. This policy is an important step for the Massachusetts BORIM as it had previously hesitated to provide any formal guidance on the practice of telehealth.
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Privacy & Thumbnail Viewpoints Thumbnail

Today’s The Day: CCPA Enforcement Begins

July 1, 2020 | Blog | By Cynthia Larose

As we’ve been writing about in this space for some time, today marks the opening of the CCPA enforcement era.  Despite protestations from the business community, and requests for delay due to the lack of regulations until early June and the ongoing COVID-19 state of emergency, AG Xavier Becerra declined to extend the deadline, saying “Businesses have had since January 1 to comply with the law, and we are committed to enforcing it starting July 1.”
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Read about the SEC’s extension of email delivery of certain paper documents, including certain reports by foreign private issuers, as a result of the coronavirus.
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Securities & Capital Markets Viewpoints Thumbnail
Read about the SEC’s extension of its earlier guidance on manual signatures required under Rule 302(b) of Regulation S-T as a result of the coronavirus.
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Lobbying and Public Policy Viewpoints Thumbnail

Energy & Sustainability Washington Updates — July 2020

June 30, 2020 | Article | By R. Neal Martin

ML Strategies and Mintz continue to engage with key decision makers on various energy and sustainability matters before the Congress and Administration. Federal efforts on these issues have continued apace as part of and separately from the federal response to the coronavirus pandemic.
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Education and Nonprofits Viewpoint Thumbnail
As discussed in an earlier post, colleges and universities are facing a wave of class action lawsuits seeking refunds of tuition, fees, and room and board expenses after schools closed their campus in the spring of 2020 in response to COVID-19.
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Education and Nonprofits Viewpoint Thumbnail

COVID-19 Tuition and Fees Lawsuits: Defending University Practices and Defeating Class Claims

June 26, 2020 | Blog | By Thomas Wintner, Mathilda McGee-Tubb

Across the United States, students have brought over 100 class action lawsuits against public and private colleges and universities seeking refunds of tuition, fees, and room and board expenses after schools closed their physical facilities, including their classrooms and residence halls, in response to the COVID-19 pandemic.
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