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  • Business Assistance Funds under the Coronavirus Aid, Relief, and Economic Security Act

    By Partners Eli W. Mansour and Paul B. Johnson and Of Counsel William A. Smelko The U.S. Congress and the White House have come together to rescue the U.S. economy in the wake of the COVID-19 pandemic with a historic $2-trillion stimulus package known as the Coronavirus Aid, Relief, and Economic Security Act  (H.R. 748, or the CARES Act). Signed into law by President Donald Trump on March 27, 2020, the new law provides various avenues of relief for business battered by the current ep...

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  • CMS Approves Additional Medicaid Section 1135 Waivers in Light of COVID-19

    By Procopio Partner Robert G. Marasco and Associate Rachael A. Harrington California is fighting for more flexibility in treatment options to best assist the healthcare providers in the state to battle the COVID-19 outbreak and get the best care to those in need.  Part of that fight is to seek additional waivers from the Centers for Medicare and Medicaid Services (“CMS”).  CMS has granted the following additional waivers in California: Medicaid Fee-For-Service Prior Auth...

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  • The Families First Coronavirus Response Act (H.R. 6201) and Related Tax Credits: What Employers Need to Know Before April 1, 2020

    By Procopio Partner Tyler M. Paetkau and Associate Clint S. Engleson Many employers across the country must prepare now for a new federal law that greatly expands employee access to paid leave. The Families First Coronavirus Response Act, H.R. 6201 (“FFCRA”), was signed into law on March 18, 2020, by President Donald Trump and takes effect on April 1, 2020. The Internal Revenue Service ("IRS") and the U.S. Department of Labor ("DOL") have now issued much-needed guidance that applies t...

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  • Data Privacy and Cybersecurity Considerations During the COVID-19 Pandemic

    By Procopio Senior Counsel Elaine F. Harwell, CIPP/US, CIPM As millions of people hunker down amid the COVID-19 pandemic, businesses have necessarily adapted approaches and begun to evaluate the various impacts and risks to operations. While their focus may rightly be on the health and safety of employees, privacy and cybersecurity risks should not be ignored. Below are tips, considerations, and updates for businesses during these unprecedented times: Be Aware of Heightened Cybersecur...

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  • The Governor’s Stay-At-Home Order Challenges California Employers

    By Procopio Senior Associate Brook T. Barnes Every employer wishes their employees to be healthy and safe, and that has never been truer than during the current COVID-19 pandemic.  Most employers also require many if not all employees to work at onsite business locations. So it was a shock to many California employers when nearly all state residents were recently ordered to immediately (and indefinitely) stay at home. California Governor Gavin Newsom issued that stay-at-home orde...

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  • Changing Spousal Support and Child Support During the COVID-19 Crisis

    By Procopio Senior Counsel James A. Dooley The unprecedented shutdowns imposed to control the spread of the Covid-19 virus are taking a heavy economic toll, and there unfortunately is not yet any indication of when they will end. In the meantime, some former spouses are paying or receiving spousal support and child support in amounts that were calculated based on a level of income that is no longer there, and may not be for the foreseeable future. Fortunately, California law generally...

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  • Preserving Construction Claims in the Face of COVID-19

    By Procopio Partner Mary A. Salamone With each passing day, it seems that there is no end in sight to the far-reaching impacts of the COVID-19 virus (commonly known as the novel coronavirus). Along with the heartbreaking human impacts, businesses in numerous industries are also being hard hit. The U.S. construction industry will certainly not be spared. This pandemic will deliver an unprecedented blow to the construction industry, unleashing a barrage of claims for delay and cost over...

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  • HIPAA: Disclosure of PHI during the COVID-19 Pandemic

    By Procopio Partner Robert G. Marasco and Associates Rachael A. Harrington and Julian J.G. Lean There is perhaps no industry more impacted by the novel coronavirus known as COVID-19 than the health care industry. It’s natural for health care executives to focus on the immediate demands of diagnosis and care of patients and protection of their health care workers. It is worthwhile, however, to pause and recognize that lawmakers and regulators are making decisions that impact the health c...

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  • Insurance for COVID-19 Losses: Could There Be Coverage Hidden In Your Insurance Policy?

    By Procopio Partner Cecilia O. Miller, Senior Counsel Ryan C. Caplan and Senior Associate Alexandra “Sasha” Selfridge As the world grapples with the human toll inflicted by the coronavirus known as COVID-19, the resulting financial toll, including shuttered businesses and cancelled events, is starting to come into focus as well.  It is unlikely that any business will emerge from the COVID-19 pandemic without suffering financial scars that, in turn, add to the already devastat...

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  • California Employers Must Compensate Employees For Time Spent During Exit Searches

    By Procopio Partner Tyler M. Paetkau Yet another wage and hour obligation has been placed on California employers as a result of a recent court decision. On February 13, 2020, the Supreme Court of California held that time spent by retail store employees waiting for and undergoing an employer’s exit search is compensable work time. Friekin v. Apple Inc., 2020 Cal. LEXIS 547 (Feb. 13, 2020, Sup. Ct. Case No. S243805). The Supreme Court issued this decision in response to a certified ques...

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