Client Alerts

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.

To curtail the spread of COVID-19, Governor Gretchen Whitmer yesterday signed the “Stay Home, Stay Safe” Executive Order (EO 2020-21), directing all Michigan businesses and operations to temporarily suspend in-person operations which are unnecessary to sustain or protect life.

If you are based in Michigan or have a facility there, then you know that, on Monday, March 23, Governor Gretchen Whitmer issued Executive Order No. 2020-21, titled “Temporary requirement to suspend activities that are not necessary to sustain or protect life.” 

On Tuesday, March 24, 2020, Oakland County Executive Dave Coulter announced that businesses and operations remaining open under EO 2020-21 must take additional precautions to protect employees, effective Wednesday, March 25, 2020, at 12:00pm. 

As you know, on Monday, March 23, Governor Gretchen Whitmer issued Executive Order No. 2020-21, titled “Temporary requirement to suspend activities that are not necessary to sustain or protect life.”  This is also being referred to as the “Stay Home, Stay Safe” order

We have been inundated with closings, postponements, and cancellations. The new operative phrase of 2020 is “social distancing.”  On March 18, 2020, the Michigan Supreme Court released its administrative order limiting court proceedings to the barest of essential functions.

On March 20, 2020, a joint statement released by the Department of Homeland Security announced an agreement with Mexico to restrict nonessential travel to prevent the spread of the COVID-19 virus. The restrictions commenced at 12.01 am Saturday, March 21 throughout the US-Mexico land border for a period of 30 days subject to extension upon review. No Federal Register notice has been issued to date.