Client Alerts

On March 31, 2020, the Michigan Department of Environment, Great Lakes and Energy (EGLE) issued a temporary enforcement memo to address environmental compliance obligations in light of Michigan Governor Gretchen Whitmer’s March 23, 2020 emergency COVID-19 response “Stay at Home” Executive Order, 2020-21 (Order). 

The two trillion dollar coronavirus relief act (“CARES Act”) was officially enacted on March 27. The act includes provisions to allow participants special access to retirement funds, thus providing a source of cash. 

The CARES Act, signed into law by President Trump on March, 27, 2020,  provides a significant change for financially distressed small businesses under the recently enacted Small Business Reorganization Act (“SBRA”). 

The Department of Labor has updated its Families First Coronavirus Response Act (FFCRA) question and answer website three different times in a five-day period, including on Saturday, March 28, 2020, to address some of the most pressing questions facing employers leading up to the April 1, 2020 effective date of the FFCRA’s two leave laws.

On Monday, March 23, Governor Whitmer issued Executive Order 2020-21, commonly known as the “Stay Home” Order.[*] It exempts “critical infrastructure workers” from the stay home mandate and incorporates the U.S. Cybersecurity and Infrastructure Security Agency’s (CISA) March 19, 2020 advisory guidance (the “Initial CISA Guidance”) as to the which workers are critical.

On Friday, March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act of 2020 (or "CARES" Act) (Pub. L. No. 116-136) (H.R. 748).

By now, it is clear to all across the globe that the novel coronavirus (COVID-19) has altered every facet of life. 

On Friday, March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act of 2020 (or “CARES” Act) (Pub. L. No. 116-136) (H.R. 748).

On March 20th, the United States Trade Representative (USTR), the government office that administers Section 301 of the Trade Act of 1974 and which implemented four tranches of tariffs on products in China in retaliation for Chinese practices affecting US Intellectual property and market access, announced a new comment period for Public Comments to Identify Additional Products Potentially Helpful to U.S. Response to Coronavirus Crisis.

On March 26, 2020, the United States Environmental Protection Agency (EPA) issued a memorandum entitled “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program” setting forth its policy and intent to utilize its enforcement discretion during the COVID-19 crisis.

On March 10, 2020, Michigan identified its first case of coronavirus (“COVID-19”), prompting Gov. Whitmer to declare a state of emergency. 

President Donald Trump last week invoked the 1950 Defense Production Act, providing his Administration with the authority to issue directives to private industry to boost the supply of critical materials and items during a war or national emergency.

On March 24, 2020, Mexico’s Health Secretary published in Mexico’s Official Gazette of the Federation an announcement intended to establish and implement preventive measures to control and mitigate health risks brought on by COVID-19 outbreak (the “Order”).

In the face of COVID-19, as the economy falters, both employers and employees may need to save and access cash. Retirement plans are potential cash-drains on employers, and cash-sources for employees. 

With most businesses moving to remote work due to the COVID-19 (coronavirus) pandemic, one issue that may arise is how, as a matter of corporate governance, boards, shareholders, or members (in the context of an LLC) may conduct meetings remotely.

On Monday, March 23, 2020, Governor Whitmer issued Executive Order 2020-21 (EO), which ordered the temporary suspension of all in-person business operations that are not necessary to sustain or protect life.

As a result of the COVID-19 outbreak, the EEOC has modified its position regarding certain questions that can be asked and actions that can be taken by employers, without running afoul of the Americans with Disabilities Act. 

Today, March 26, 2020, the Michigan Supreme Court released its latest COVID-19 related Administrative Order. 

On Monday, March 23, 2020, Governor Whitmer issued a stay-home order requiring nonessential businesses and workers to stay home. For her order, see EO 2020-21. Less than two hours later, the Michigan Supreme Court issued an order tolling deadlines that apply to the commencement of all civil and probate-case types. 

Businesses in states that have issued the temporary in-person shutdown of non-essential businesses are not exempt from state and federal environmental regulatory obligations, without a specific exemption or directive from the governing authority.