April 28, 2020
Authored by: Matt Macia
The devastating impact of the Coronavirus (COVID-19) needs no introduction. BCLP has consolidated all of its client alerts regarding Coronavirus (COVID-19) as one page of resources. On that page, you can also limit by topic area, jurisdiction and areas of practice.
In this post, we have highlighted some of the client alerts that we believe may be of specific importance to our community bank clients.
Shelter-in-place and social distancing have become the new normal as we try to combat the spread of COVID-19 in the U.S. Many state governments have implemented stay-home or shelter-in-place orders to try to “flatten the curve” and protect citizens’ safety. But as time passes, businesses are also concerned. Under many such executive orders, a business that is not deemed “essential” or “life-sustaining” may be required to stop in-person operations, and we’re starting to see an uptick in local enforcement, including cease and desist letters and revocation of occupancy permits. Some shuttered businesses have started to bring their claims to court. This post provides a summary of the prominent claims and factual allegations featured in complaints from business plaintiffs.
Over the past week, increased discussion of reopening the U.S. economy has raised numerous questions as employers prepare to return their employees to the workplace. While the exact steps to reopen the economy remain uncertain, employers should begin to consider what measures will help ensure a safe, orderly return to business, particularly since President Trump’s White House issued its Opening Up America Again three phased approach for re-opening the economy, and the Equal Employment Opportunity Commission issued guidance about returning to work. This alert details the potential measures and related issues BCLP suggests clients consider in preparing to return to work, whether next week, next month, or this summer.
As the COVID-19 Pandemic forces more employees than ever before to work from home, businesses face new and different data privacy and security risks. This change is not lost on U.S. regulators, but it does not mean that businesses will get a pass on data privacy and security issues potentially caused by the shift in working conditions. In an effort to help businesses navigate these new circumstances, BCLP has prepared a series of articles on addressing data privacy and security issues in a work from home environment. This specific article provides guidance on handling sensitive data while working from home.
Despite the challenges of the COVID-19 pandemic, the SEC continues its surge in whistleblower awards, announcing on April 20 a $5 million award to a whistleblower who provided critical evidence of wrongdoing that benefitted the SEC’s investigation, while also suffering unique hardship because of termination soon after raising concerns internally. A few days earlier, on April 16, the SEC announced its largest award so far in 2020, more than $27 million to a whistleblower who objected to misconduct in an organization, after repeatedly and strenuously raising concerns internally. This post details recent SEC action and provides guidance for companies to ensure compliance during the pandemic.
Much more to follow…