Overview

Hinckley Allen is providing legal and strategic counsel to our clients in response to the coronavirus COVID-19 outbreak. We are advising businesses across industries such as labor and employment, construction, health care, banking and financial services, real estate, and many other sectors affected.

Our lawyers are helping clients identify risks, establish and execute contingency plans and are offering guidance on the many legal and business issues they are facing such as:

• Labor & Employment issues
• Contractual obligations and dispute resolution
• Contract interruption and nonperformance issues
• Force majeure issues
• Small business loan assistance
• Insurance claims, coverage and exclusions
• Health Care
• Lease-related matters
• Tenant and customer defaults
• Loan workouts and modifications
• Bankruptcy concerns
• Investigations
• Privacy matters
• Anti-discrimination risks and allegations
• Securities regulation
• Federal and state legislation and regulations
• Supply interruption and supply chain management

The following is the most recent information from our attorneys, along with a variety of resources, to aid you and your business.

Guidance & Resources from Hinckley Allen

Labor & Employment

The Labor & Employment team is monitoring an ever-changing landscape as it relates to Federal and State legislation surrounding the impact on employers; and our attorneys are ready to advise you.

Latest Alerts:

• DOL Updates FAQs on FFCRA Back to School Issues (8/31/20)
• Enforcement Will Not go to the Wayside During the Pandemic (6/22/20)
• Reopening Massachusetts — A Four-Phased Approach (5/22/20)
• CDC Adds Six New Symptoms to its COVID-19 List (4/28/20)
• Preparing for Returns to Work and Workplace Reopenings: Considerations for Employers (4/27)
• CDC Publishes New Interim Guidance for Critical Infrastructure Workers (4/9)
• Overview of the DOL Guidance and Regulations on the Families First Coronavirus Response Act (FFCRA) (4/6)
• What You Need to Know About the CARES Act Employee Benefits-related Provisions (3/30)
• DOL Guidance Issued on Families First Coronavirus Relief Act (3/26)
• President Trump Signs Families First Coronavirus Relief Legislation into Law (3/19)
• Coronavirus (COVID-19) Employment Updates by State (3/18)
• What Employers Should Consider in the Wake of Coronavirus (COVID-19) (3/6)

Resources:

• Families First Coronavirus Response Act: Questions & Answers
• Business and Industry Organization of NH—COVID-19 Information & Resources for Employers
• Connecticut Executive Order 7H—Business Exemptions for Coronavirus
• Governor Cuomo Issues Guidance on Essential Services Under The ‘New York State on PAUSE’ Executive Order

Construction & Public Contracts

As you navigate the significant disruption within the construction industry, our Construction & Public Contracts attorneys are ready to assist.

Latest Alerts:

• WEBINAR: COVID-19 (Coronavirus) Best Practices for Contractors Working on MassDOT, MWRA, Massport, and MBTA Projects (4/17)
• State Legislatures Considering Bills to Extend Business Interruption Coverage for Coronavirus Losses
• How to Handle a Bankruptcy Filing By an Owner or Subcontractor
• Addressing & Mitigating the Impacts of COVID-19 on the Construction Industry
• Mitigate Project Impacts Due to Coronavirus (COVID-19)
• The Coronavirus (COVID-19) Quarantine as a Force Majeure Event

Health Care

The health care infrastructure is threatened during these challenging times, and regulators are scrambling to provide relief. Our Health Care and Senior Living lawyers are keeping abreast of all the latest developments and can help guide you. We recommend that all providers and health and senior living employers continue to check regulatory sites for new developments and contact our attorneys.

Resources:

• Centers for Medicare & Medicaid Services
• Centers for Medicare & Medicaid Services: Current Emergencies
• BBA Health Law Section—Resource Guide for Practitioners
• Massachusetts Health & Hospital Association: COVID-19
• New Hampshire Hospital Association: COVID-19 Outbreak Information
• Connecticut Hospital Association: COVID-19 Update Center

Corporate & Business

The Corporate & Business team is keeping abreast of all the latest COVID-19 developments and can help guide you. As you continue to navigate the significant disruptions to your industry, our attorneys are ready to assist.

Latest Alerts:

• SBA Creates Exception to Owner-Employee Compensation Rule, Clarifies Eligibility of Certain Nonpayroll Costs for Forgiveness
• SBA Releases New FAQs on PPP Loan Forgiveness – Key Takeaways for Borrowers
• Federal Reserve Releases Terms of Main Street Facilities for Nonprofit Organizations
• Congress Extends Deadline to Apply for Paycheck Protection Program Loans
• SBA Releases Updated PPP Loan Forgiveness Applications and Instructions, Amends Existing Rules Based on PPPFA – Key Takeaways for Borrowers
• Federal Reserve Opens Lender Registration for Main Street Lending Program and Announces Main Street Loan Options for Nonprofit Organizations
• Federal Reserve Further Revises and Expands Main Street Lending Program for Small and Mid-sized Businesses
• New Paycheck Protection Program Law Provides Greater Flexibility for Borrowers
• New SBA Guidance on PPP Loan Forgiveness and Review of Forgiveness Applications
• SBA Releases PPP Loan Forgiveness Application – Key Takeaways and Instructions for Borrowers
• Increases in Paycheck Protection Loan Amounts for Partnerships and Seasonal Employers
• House Democrats Propose Significant Changes to Paycheck Protection Program in New $3 Trillion Stimulus Bill
• Paycheck Protection Program: SBA, Extends Deadline to 5/18 and Issues New Guidance on “Necessity of the Loan” Certification
• Federal Reserve Revises and Expands Main Street Lending Program For Small and Mid-sized Businesses
• IRS Blesses “Dial-In” TEFRA Hearings and Enhances Bond Self Purchase Guidance in Light of COVID-19 Emergency
• Paycheck Protection Program: Deadline Extended to 5/14, Updated Guidance on Other Sources of Liquidity
• SBA Issues New FAQ Clarifying Effect of Employees Who Won’t Return to Work on Paycheck Protection Program Loan Forgiveness
• Federal Reserve Announces Main Street Lending Program for Small and Mid-sized Businesses
• New Paycheck Protection Program Rules for Self-Employed Individuals; SBA Announces No More New PPP or EIDL Applications Due to Exhaustion of Funding
• SBA Issues Interim Final Rule for Paycheck Protection Program: Key Takeaways for Your Loan Application
• CARES Act Relief for Mid-Sized and Large Businesses
• SBA Issues Affiliate Rules for Paycheck Protection Program
• Non-Liquidating Receivership Option for Rhode Island Businesses During the COVID-19 Pandemic
• Tax Breaks and Benefits for Businesses Impacted by COVID-19
• Payroll Loans and Loan Forgiveness: New Relief Opportunities for Small Businesses under the CARES Act’s Paycheck Protection Program
• Extension of April 15th Tax Payment and Filing Deadline in Response to COVID-19

Government Enforcement & White Collar Defense

With increasing frequency, law enforcement and regulatory agencies are investigating criminal, civil, and regulatory wrongdoing. The Government Enforcement & White Collar Defense team is keeping abreast of all the latest COVID-19 developments and our attorneys are ready to assist.

Latest Alerts:

• Law Enforcement Focus on the Health Care and Senior Living Industries During COVID-19
• Law Enforcement Actions in the Wake of COVID-19

Real Estate

Our Real Estate Group is advising clients on important issues related to the impact of COVID-19 on existing contracts and leases and on public hearings and deadlines for development projects. Force majeure clauses in leases and other real estate contracts are of critical importance right now. We are also following current legislation and best practices on the use of e-signatures, e-recording and remote online notarization (RON) which could change the landscape of real estate closings.

The situation and stakeholder responses are changing rapidly so it is important to get up to date information. Our attorneys are ready to provide business and legal advice on these issues.

Latest Alerts:

• Expedited Approval for Outdoor Permits Just in Time for Connecticut’s Re-Opening
• Massachusetts Act Regarding a Moratorium on Commercial and Residential Evictions During COVID-19
• Massachusetts Takes Action to Ease Permitting Process for Municipalities and State Authorities During COVID-19 State of Emergency
• Proposed Massachusetts Act Limiting Landlords from Terminating and Evicting Commercial and Residential Tenants
• CARES Act and Interagency Guidance Encourage Loan Modifications Related to COVID-19

Resources:

• Counselor of Real Estate’s Early Thoughts on the Impact on Commercial Property Markets