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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

Warner continues helping our clients address the state and federal issues related to the COVID-19 virus. Our interdisciplinary team of attorneys remain on top of the many changes prompted by this novel coronavirus and continue to provide timely updates and needed outside counsel to our clients.

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Warner’s COVID-19 Resource Center provides an array of additional business and legal insights from our attorneys including an archive of our Question of the Day (sorted by date and topic), eAlerts with thumbnail summaries (also sorted by date and topic) and Webinars with quick access for you to register for upcoming webinars or download materials and recordings of previous webcasts.

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And if you haven’t already signed up to have future updates delivered directly to your inbox, please subscribe by sending your email address to <a href="mailto:covid@wnj.com">covid@wnj.com</a>.

Summary of COVID-19 Related eAlerts and Webinars

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4-10-20 Advertising: <a href="/updates/no-more-advertising-of-certain-non-essential-goods-for-larger-stores/" target="_blank" rel="noreferrer noopener">No More Advertising of Certain Non-Essential Goods for Larger Stores</a>

As of April 13, 2020, all operating stores larger than 50,000 square feet must cease advertising certain non-essential goods. Governor Whitmer’s April 9, 2020 <a href="https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-525182--,00.html" target="_blank" rel="noreferrer noopener">Executive Order No. 2020-42</a> (“Revised Order”) requires operating stores of more than 50,000 square feet to refrain from advertising or promoting goods that are not groceries, medical supplies or items necessary to maintain the safety, sanitation and basic operation of residences. Read the full article <a href="/updates/no-more-advertising-of-certain-non-essential-goods-for-larger-stores/" target="_blank" rel="noreferrer noopener">here</a>.

10-6-21 Commercial Finance: <a href="/updates/sba-issues-final-rule-related-to-ppp-loan-review-decision-appeals-process/" target="_blank" rel="noreferrer noopener">SBA Issues Final Rule Related to PPP Loan Review Decision Appeals Process</a>

The Small Business Administration (SBA) has issued a new Final Rule (“Rule”) addressing the procedures for borrowers of a Paycheck Protection Program (PPP) loan to appeal final SBA PPP loan review decisions to the Officer of Hearings and Appeals (OHA). Read the full article <a href="/updates/sba-issues-final-rule-related-to-ppp-loan-review-decision-appeals-process/" target="_blank" rel="noreferrer noopener">here</a>.

1-27-21 Commercial Finance: <a href="/updates/sba-issues-faqs-and-interim-final-rule-related-to-ppp-loan-calculations-and-loan-forgiveness/" target="_blank" rel="noreferrer noopener">SBA Issues FAQs and Interim Final Rule Related to PPP Loan Calculations and Loan Forgiveness</a>

The Small Business Administration (SBA) has released new Frequently Asked Questions (FAQs) and issued a new Interim Final Rule (IFR) addressing “First Draw” and “Second Draw” Paycheck Protection Program (PPP) Loans authorized under the Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (Economic Aid Act). Read the full article <a href="/updates/sba-issues-faqs-and-interim-final-rule-related-to-ppp-loan-calculations-and-loan-forgiveness/" target="_blank" rel="noreferrer noopener">here</a>.

1-14-21 Commercial Finance: <a href="/updates/sba-issues-two-interim-final-rules-related-to-ppp-loans/" target="_blank" rel="noreferrer noopener">SBA Issues Two Interim Final Rules Related to PPP Loans</a>

The Small Business Administration (SBA) has issued two new Interim Final Rules (IFRs) addressing “First Draw” and “Second Draw” Paycheck Protection Program (PPP) loans authorized under the Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (Act). Read the full article <a href="/updates/sba-issues-two-interim-final-rules-related-to-ppp-loans/" target="_blank" rel="noreferrer noopener">here</a>.

1-4-21 Commercial Finance: <a href="/updates/paycheck-protection-program-loans-round-two/" target="_blank" rel="noreferrer noopener">Paycheck Protection Program Loans – Round Two</a>

On Sunday, December 27, 2020, President Donald Trump signed a COVID-19 relief bill that extends and modifies several provisions of the Coronavirus Aid, Relief and Economic Security Act (CARES Act). Title III of the new law, called Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (Act), allocates $284 billion to a second round of Paycheck Protection Program (PPP) Loans. Read the full article <a href="/updates/paycheck-protection-program-loans-round-two/" target="_blank" rel="noreferrer noopener">here</a>.

10-9-20 Commercial Finance: <a href="/updates/sba-issues-interim-final-rule-and-streamlined-loan-forgiveness-application-for-ppp-loans-50000-and-under/" target="_blank" rel="noreferrer noopener">SBA Issues Interim Final Rule and Streamlined Loan Forgiveness Application for PPP Loans $50,000 and Under</a>

On Thursday, October 8, 2020, the Small Business Administration (SBA) released<a href="/wp-content/uploads/2022/04/SBA-Form-3508S.pdf" target="_blank" rel="noreferrer noopener"> SBA Form 3508S</a>, a streamlined loan forgiveness application, and an accompanying <a href="/wp-content/uploads/2022/04/Interim-Final-Rule-PPP-Loan-Forgiveness.pdf" target="_blank" rel="noreferrer noopener">interim final rule</a> (IFR) simplifying the loan forgiveness process for businesses that received a Paycheck Protection Program (PPP) loan of $50,000 or less. Read the full article <a href="/updates/sba-issues-interim-final-rule-and-streamlined-loan-forgiveness-application-for-ppp-loans-50000-and-under/" target="_blank" rel="noreferrer noopener">here</a>.

10-5-20 Commercial Finance:&nbsp;<a href="/updates/sba-issues-guidance-on-change-of-ownership-process-for-entities-that-received-ppp-loans/" target="_blank" rel="noreferrer noopener">SBA Issues Guidance on Change of Ownership Process for Entities That Received PPP Loans</a>

On Friday, October 2, 2020, the Small Business Administration (SBA) released a&nbsp;<a href="/wp-content/uploads/2022/04/IRS-Procedural-Notice.pdf" target="_blank" rel="noreferrer noopener">Procedural Notice</a> (Notice) addressing the required procedures for changes of ownership of an entity that has received a Paycheck Protection Program (PPP) loan. The Notice is effective as of October 2, 2020.&nbsp;Read the full article&nbsp;<a href="/updates/sba-issues-guidance-on-change-of-ownership-process-for-entities-that-received-ppp-loans/" target="_blank" rel="noreferrer noopener">here</a>.

8-5-20 Commercial Finance: <a href="/updates/sba-releases-faqs-on-ppp-loan-forgiveness/" target="_blank" rel="noreferrer noopener">SBA Releases FAQs on PPP Loan Forgiveness</a>

On Tuesday, August 4, 2020, the Small Business Administration (SBA) and Department of Treasury released new Frequently Asked Questions (FAQs) concerning forgiveness of Paycheck Protection Program (PPP) loans. Although the FAQs compile common questions regarding general loan forgiveness, payroll cost forgiveness, non-payroll cost forgiveness and loan forgiveness reductions, this new format may be helpful to review. Read the full article <a href="/updates/sba-releases-faqs-on-ppp-loan-forgiveness/" target="_blank" rel="noreferrer noopener">here</a>.

7-24-20 Commercial Finance: <a href="/updates/sba-to-accept-ppp-loan-forgiveness-applications-beginning-august-10-2020/" target="_blank" rel="noreferrer noopener">SBA to Accept PPP Loan Forgiveness Applications Beginning August 10, 2020</a>

On Thursday, July 23, 2020, the Small Business Administration (SBA) issued a Procedural Notice (Notice) to inform Paycheck Protection Program (PPP) lenders of the processes for: (1) submitting decisions on PPP borrower loan forgiveness applications to the SBA and requesting payment of the forgiveness amount determined by the lender; and (2) SBA loan forgiveness review and payment of the loan forgiveness amount determined by the SBA. Read the full article <a href="/updates/sba-to-accept-ppp-loan-forgiveness-applications-beginning-august-10-2020/" target="_blank" rel="noreferrer noopener">here</a>.

7-14-20 Commercial Finance Webinar: <a href="/updates/webinar-update-on-ppp-loan-forgiveness" target="_blank" rel="noreferrer noopener">Update on PPP Loan Forgiveness</a>

Warner attorneys Charlie Goode, Jeffrey Ott, Ford Turrell and Philip Haywood presented a webinar about the latest developments in Paycheck Protection Program (PPP) loan forgiveness. <a href="https://register.gotowebinar.com/recording/6439671786859041538" target="_blank" rel="noreferrer noopener">Click here</a> to listen to a recording of the webinar.

6-24-20 Commercial Finance:&nbsp;<a href="/updates/sba-issues-interim-final-rule-implementing-flexibility-act-changes-to-ppp-loan-forgiveness-rules/" target="_blank" rel="noreferrer noopener">SBA Issues Interim Final Rule Implementing Flexibility Act Changes to PPP Loan Forgiveness Rules</a>

On Monday, June 22, 2020, the Small Business Administration (SBA) and Department of Treasury issued a new&nbsp;<a href="/wp-content/uploads/2022/04/PPP-IFR-Revisions-to-Loan-Forgiveness-Interim-Final-Rule-and-SBA-Loan-Review-Procedures-Interim-Final-Rule-1.pdf" target="_blank" rel="noreferrer noopener">Interim Final Rule</a>&nbsp;(IFR)&nbsp;implementing changes to the Paycheck Protection Program (PPP) contained in the PPP Flexibility Act of 2020 (Flexibility Act). These changes include an extended 24-week covered period in which funds may be utilized, extended five-year loan maturity date, a decrease in the percentage of loan proceeds that must be used for payroll costs to 60%, additional exemptions and safe harbors from reductions in loan forgiveness, and updated timing of when borrowers must apply for forgiveness.&nbsp;Read the full article&nbsp;<a href="/updates/sba-issues-interim-final-rule-implementing-flexibility-act-changes-to-ppp-loan-forgiveness-rules/" target="_blank" rel="noreferrer noopener">here</a>.

6-22-20 Bankruptcy:&nbsp;<a href="/updates/sba-issues-interim-final-rule-implementing-flexibility-act-changes-to-ppp-loan-forgiveness-rules/" target="_blank" rel="noreferrer noopener">Restructuring Debt for Small Businesses and Family Farmers Post COVID‑19</a>

Join Warner partners Susan Cook and Rozanne Giunta for a webinar for accountants and financial advisors focused on the favorable provisions of the new small bankruptcy law. This law will simplify the reorganization process for small businesses and family farm clients and allow them to restructure their debt on the heels of the COVID‑19 crisis.&nbsp;<a href="Webinar: Restructuring Debt for Small Businesses and Family Farmers Post COVID-19">Cli</a><a href="Restructuring Debt for Small Businesses and Family Farmers Post COVID-19" target="_blank" rel="noreferrer noopener">c</a><a href="Webinar: Restructuring Debt for Small Businesses and Family Farmers Post COVID-19">k here</a>&nbsp;to read more about this webinar.

6-18-20 Commercial Finance:&nbsp;<a href="https://www.wnj.com/Publications/SBA-Streamlines-PPP-Forgiveness-Application-for-Ce" target="_blank" rel="noreferrer noopener">SBA Streamlines PPP Forgiveness Application for Certain Borrowers and Revises Existing Forgiveness Application</a>

On June 17, 2020, the Small Business Administration (SBA) released a new borrower-friendly, three-page “EZ” Paycheck Protection Program (PPP) loan forgiveness application (EZ Application), and also released a revised version of its original forgiveness application for borrowers who do not qualify to use the EZ Application.&nbsp;Read the full article&nbsp;<a href="/updates/sba-streamlines-ppp-forgiveness-application-for-certain-borrowers-and-revises-existing-forgiveness-application/" target="_blank" rel="noreferrer noopener">here</a>.

6-12-20 Commercial Finance:&nbsp;<a href="/updates/sba-issues-interim-final-rule-clarifying-ppp-flexibility-act-of-2020/" target="_blank" rel="noreferrer noopener">SBA Issues Interim Final Rule Clarifying PPP Flexibility Act of 2020</a>

On June 5, 2020, President Donald Trump signed the Paycheck Protection Program Flexibility Act of 2020 (PPP Flexibility Act) into law. Several amendments provided for in the PPP Flexibility Act are retroactive to the date of enactment of the Coronavirus Aid, Relief and Economic Security Act (CARES Act). Read the full article&nbsp;<a href="/updates/sba-issues-interim-final-rule-clarifying-ppp-flexibility-act-of-2020/" target="_blank" rel="noreferrer noopener">here</a>.

6-8-20 Commercial Finance:&nbsp;<a href="/updates/paycheck-protection-program-flexibility-act-of-2020-summary/" target="_blank" rel="noreferrer noopener">Paycheck Protection Program Flexibility Act of 2020 Summary</a>

On June 5, 2020, President Trump signed the Paycheck Protection Program Flexibility Act of 2020 (PPP Flexibility Act) into law.&nbsp;Read the full article&nbsp;<a href="/updates/paycheck-protection-program-flexibility-act-of-2020-summary/" target="_blank" rel="noreferrer noopener">here</a>.

5-29-20 Commercial Finance:&nbsp;<a href="/updates/small-business-administration-issues-interim-final-rule-related-to-sbas-ppp-loan-review-process-and-lender-obligations/" target="_blank" rel="noreferrer noopener">Small Business Administration Issues Interim Final Rule Related to SBA’s PPP Loan Review Process and Lender Obligations</a>

On Friday, May 22, 2020, the Small Business Administration (SBA) and Department of Treasury issued a Lender Interim Final Rule (<a href="https://home.treasury.gov/system/files/136/PPP-IFR-SBA-Loan-Review-Procedures-and-Related-Borrower-and-Lender-Responsibilities.pdf" target="_blank" rel="noreferrer noopener">Lender IFR</a>) that explains the SBA’s process for reviewing PPP loans and provides direction on certain PPP lender responsibilities associated with loan forgiveness.&nbsp;The Lender IFR was issued in conjunction with a Borrower Interim Final Rule (<a href="https://home.treasury.gov/system/files/136/PPP-IFR-Loan-Forgiveness.pdf" target="_blank" rel="noreferrer noopener">Borrower IFR</a>) outlining borrower obligations related to loan forgiveness. Real the full article&nbsp;<a href="/updates/small-business-administration-issues-interim-final-rule-related-to-sbas-ppp-loan-review-process-and-lender-obligations/" target="_blank" rel="noreferrer noopener">here</a>.

5-27-20 Commercial Finance:&nbsp;<a href="/updates/sba-issues-interim-final-rule-further-clarifying-ppp-loan-forgiveness/" target="_blank" rel="noreferrer noopener">SBA Issues Interim Final Rule Further Clarifying PPP Loan Forgiveness</a>

On Friday, May 22, 2020, the Small Business Administration (SBA) and Department of Treasury issued an&nbsp;Interim Final Rule&nbsp;(IFR) that provides some additional clarity on Paycheck Protection Program (PPP) loan forgiveness. The IFR comes on the heels of the forgiveness&nbsp;Application&nbsp;that SBA issued several days prior (Application).&nbsp;Read the full article&nbsp;<a href="/updates/sba-issues-interim-final-rule-further-clarifying-ppp-loan-forgiveness/" target="_blank" rel="noreferrer noopener">here</a>.

5-20-20 Commercial Finance:&nbsp;<a href="/updates/sba-and-department-of-treasury-release-paycheck-protection-program-loan-forgiveness-application-and-instructions/" target="_blank" rel="noreferrer noopener">SBA and Department of Treasury Release Paycheck Protection Program Loan Forgiveness Application and Instructions</a>

On Friday, May 15, 2020, the Small Business Administration (SBA) and Department of Treasury released the Paycheck Protection Program (PPP) loan forgiveness application. The application includes step-by-step instructions on how to apply for and calculate PPP loan forgiveness in compliance with the Coronavirus Aid, Relief and Economic Security Act (CARES Act). Read the full article&nbsp;<a href="/updates/sba-and-department-of-treasury-release-paycheck-protection-program-loan-forgiveness-application-and-instructions/" target="_blank" rel="noreferrer noopener">here</a>.

5-8-20 Commercial Finance:&nbsp;<a href="/updates/sba-declares-ppp-applicants-must-count-foreign-employees-for-size-purposes/" target="_blank" rel="noreferrer noopener">SBA Declares PPP Applicants Must Count Foreign Employees for Size Purposes</a>

The Coronavirus Aid, Relief and Economic Security Act (CARES Act) extends eligibility for Paycheck Protection Program (PPP) loans to certain businesses with 500 or fewer employees, among others. On April 2, 2020, the Small Business Administration (SBA) issued an Interim Final Rule confirming that the SBA’s affiliation rules apply to PPP loan applications.&nbsp;Read the full article&nbsp;<a href="/updates/sba-declares-ppp-applicants-must-count-foreign-employees-for-size-purposes/" target="_blank" rel="noreferrer noopener">here</a>.

5-7-20 Commercial Finance:&nbsp;<a href="/updates/paycheck-protection-program-75-25-rule/" target="_blank" rel="noreferrer noopener">Paycheck Protection Program: 75/25 Rule</a>

Paycheck Protection Program (PPP) borrowers are advised to use at least 75% of PPP loan proceeds for payroll costs in order to avoid potential penalties. The current rules are unclear and details are slowly emerging, but the following is an updated overview of issues for you to consider. Read the full article&nbsp;<a href="/updates/paycheck-protection-program-75-25-rule/" target="_blank" rel="noreferrer noopener">here</a>.

4-9-20 Commercial Finance:&nbsp;<a href="/updates/summary-of-guidance-related-to-ppp-loans/" target="_blank" rel="noreferrer noopener">Summary of Guidance Related to PPP Loans</a>

On April 3, 2020, Warner provided guidance on the Paycheck Protection Program (PPP) based on the Interim Final Rule released by the Small Business Administration (SBA).&nbsp;Since that time, the SBA, in consultation with the Department of Treasury, issued further guidance on the PPP. The interim rules and guidance clarified some, but not all, of the open issues related to the administration of the PPP loan program.&nbsp;Read the full article&nbsp;<a href="/updates/summary-of-guidance-related-to-ppp-loans/" target="_blank" rel="noreferrer noopener">here</a>.

4-3-20 Commercial Finance:&nbsp;<a href="/updates/sba-issues-interim-final-rule-related-to-ppp-loans/" target="_blank" rel="noreferrer noopener">SBA Issues Interim Final Rule Related to PPP Loans</a>

On Thursday April 2, 2020, the Small Business Administration (SBA) issued an&nbsp;<a href="https://home.treasury.gov/system/files/136/PPP--IFRN%20FINAL.pdf" target="_blank" rel="noreferrer noopener">interim final rule</a>&nbsp;describing how it interprets the Paycheck Protection Program (PPP) and other related SBA loan provisions of the CARES Act. The interim rule clarified some, but not all, of the open issues related to the administration of the PPP loan program.&nbsp;Read the full article&nbsp;<a href="/updates/sba-issues-interim-final-rule-related-to-ppp-loans/" target="_blank" rel="noreferrer noopener">here.</a>

4-2-20 Bankruptcy:&nbsp;<a href="/updates/cares-act-temporarily-modifies-provisions-of-the-bankruptcy-code/" target="_blank" rel="noreferrer noopener">CARES Act Temporarily Modifies Provisions of the Bankruptcy Code</a>

The Coronavirus Aid, Relief and Economic Security Act (CARES Act), which was signed into law on March 27, 2020, temporarily modifies the Bankruptcy Code to provide: (i) a temporary expansion of the debt limitations under the new Subchapter V small business Chapter 11 provisions of the Bankruptcy Code; and (ii) filing and plan payment relief to Chapter 7 and 13 debtors. These provisions all have a sunset provision which is one year from the enactment of the CARES Act.&nbsp;Read the full article&nbsp;<a href="/updates/cares-act-temporarily-modifies-provisions-of-the-bankruptcy-code/" target="_blank" rel="noreferrer noopener">here</a>.

4-22-21 Supply Chain: Webinar:<a href="/updates/webinar-covid-19-one-year-later-supply-chain-disruptions" target="_blank" rel="noreferrer noopener"> COVID-19 One Year Later: Supply Chain Disruptions</a>

Warner partners Homayune Ghaussi and Laura You presented a complimentary webinar focused on supply chain disruptions plaguing businesses today and legal strategies for them. Click <a href="/updates/webinar-covid-19-one-year-later-supply-chain-disruptions" target="_blank" rel="noreferrer noopener">here</a> to learn more about this webinar.

6-15-20 Bankruptcy, Restructuring and Insolvency: Webinar: <a href="/updates/webinar-small-business-bankruptcy-and-michigan-receiverships-restructuring-alternatives-in-the-time-of-covid-19" target="_blank" rel="noreferrer noopener">Small Business Bankruptcy and Michigan Receiverships: Restructuring Alternatives in the Time of COVID-19</a>

Join Warner attorneys Rozanne Giunta and Ralph Colasuonno for a complimentary webinar to address the latest legal changes in bankruptcy and how these changes may impact your business. We will cover the new amendments to the Bankruptcy Code, including the newly streamlined Small Business Chapter 11 process and amendments relating to farm bankruptcies and veteran benefits. Click <a href="https://register.gotowebinar.com/recording/8597063133495494927" target="_blank" rel="noreferrer noopener">here</a> to listen to a recording of the webinar.

6-3-20 Health Law: <a href="/updates/telehealth-in-a-changing-world-trending-risks-and-how-to-minimize-potential-exposure/" target="_blank" rel="noreferrer noopener">Telehealth in a Changing World – Trending Risks and How to Minimize Potential Exposure</a>

The COVID-19 pandemic has led to a paradigm shift in the world of telehealth medicine. Federal rules and regulations, which historically limited Medicare telehealth visits to beneficiaries living in rural areas, have been temporarily relaxed or lifted with one goal in mind: to provide Medicare beneficiaries with greater access to health care while containing the spread of the virus. Among other sweeping changes, providers may now waive Medicare beneficiaries’ copays and deductibles in certain instances, where such waivers likely would have been deemed an impermissible “kickback” prior to COVID‑19. Read the full article <a href="/updates/telehealth-in-a-changing-world-trending-risks-and-how-to-minimize-potential-exposure/" target="_blank" rel="noreferrer noopener">here</a>.

5-27-20 Bankruptcy, Restructuring and Insolvency: Webinar: <a href="/updates/webinar-strategies-to-address-financially-distressed-suppliers-resulting-from-the-covid-19-pandemic" target="_blank" rel="noreferrer noopener">Strategies to Address Financially Distressed Suppliers Resulting from the COVID-19 Pandemic</a>

Join Warner partners Gordon Toering and Jonathan Lauderbach for a webinar on dealing with financially distressed suppliers during the COVID-19 pandemic. Many businesses paused all operations due to government shutdown orders to keep employees and customers safe. Today, we are seeing the aftereffects of the pandemic and an increase in financial distress for all companies, including suppliers. Your suppliers’ financial problems can quickly become your own, creating supply chain disruptions and additional costs. However, there are legal strategies available to help deal with your company’s financially troubled suppliers. We will identify and offer best practices and legal tools to address distressed manufacturers and suppliers. Click <a href="https://attendee.gotowebinar.com/recording/2320225028496459265" target="_blank" rel="noreferrer noopener">here</a> to listen to a recording of the webinar.

5-21-20 <a href="/updates/governor-whitmer-expands-the-reopen-of-retail-and-car-dealerships-and-permits-non-essential-medical-and-dental-procedures-and-veterinary-services" target="_blank" rel="noreferrer noopener">Governor Whitmer Expands the Reopen of Retail and Car Dealerships, and Permits Non-Essential Medical and Dental Procedures and Veterinary Services</a>

On May 21, 2020, issued new <a href="https://content.govdelivery.com/attachments/MIEOG/2020/05/21/file_attachments/1456636/EO%202020-96%20Emerg%20order%20-%20MI%20Safe%20Start%20-%20re-issue.pdf" target="_blank" rel="noreferrer noopener">Executive Order 2020-96</a> (Expanded Reopen Order), which rescinded all prior Stay Home, Stay Safe Executive Orders (collectively, Prior Orders). The Expanded Reopen Order takes effect immediately and continues through May 28, 2020, at 11:59 p.m., though several of the changes do not take effect until 12:01 a.m. on May 26, 2020. Read the full article <a href="/updates/governor-whitmer-expands-the-reopen-of-retail-and-car-dealerships-and-permits-non-essential-medical-and-dental-procedures-and-veterinary-services" target="_blank" rel="noreferrer noopener">here</a>.

5-20-20 Bankruptcy, Restructuring and Insolvency: Webinar: <a href="/updates/webinar-feeling-the-cash-crunch-how-to-manage-distressed-customers-in-the-uncertainty-of-covid-19" target="_blank" rel="noreferrer noopener">Feeling the Cash Crunch? How to Manage Distressed Customers in the Uncertainty of COVID-19</a>

Join Warner partners Susan Cook, Rozanne Giunta and Dennis Loughlin for a webinar focused on managing distressed customers during this uncertain time. COVID‑19 has thrown everything we know as “business as usual” out the window. We have all witnessed or experienced its effects ─ and no industry is immune. Many industries are in uncharted territory, as we’ve never attempted to restart entire sectors of our economy from zero. Vital cash resources are being stretched to the limit, resulting in cash-flow crunches. From identifying the early signs of troubled customers to walking the fine line of maintaining business relationships with those customers, we will address pitfalls to be mindful of to make sure your company doesn’t absorb all the risk. Click <a href="https://attendee.gotowebinar.com/recording/6974953628461566472" target="_blank" rel="noreferrer noopener">here</a> to listen to a recording of the webinar.

5-1-20 Supply Chain: Webinar: <a href="/updates/webinar-business-update-managing-your-supply-chains-after-covid-19/" target="_blank" rel="noreferrer noopener">Business Update: Managing Your Supply Chains After COVID-19</a>

Join Warner attorneys Michael Brady and Homayune Ghaussi in an update about managing external relationships and supply chains after COVID‑19. In this webinar, we will cover: a) how and when to invoke a force majeure provision in an agreement; b) what risks are associated with a force majeure declaration; c) what is expected of my business after I declare a force majeure or have been shut down by a shelter in place order; d) how do I manage customers and suppliers as I get my business up and running again; and e) how to allocate capacity among my customers and establish priority among my suppliers. Click <a href="https://attendee.gotowebinar.com/recording/6990174167504622093" target="_blank" rel="noreferrer noopener">here</a> to listen to a recording of the webinar.

4-24-20 Government Affairs: Webinar: <a href="/updates/webinar-from-the-capitol-covid-19-update" target="_blank" rel="noreferrer noopener">From the Capitol: COVID-19 Update</a>

Join Warner attorneys Troy Cumings and Jim Cavanagh in a COVID‑19 update from Michigan’s capitol. In this webinar, we will address: a) how Lansing has responded to the COVID‑19 crisis; b) the current landscape in Lansing; c) how federal guidelines on reopening will impact Michigan; d) if more executive orders are on the way; and e) when and how the state could transition out of the Stay Home, Stay Safe Executive Order. Click <a href="https://attendee.gotowebinar.com/recording/2538142734835468301" target="_blank" rel="noreferrer noopener">here</a> to listen to a recording of the webinar.

3-25-20 Medical Device and Manufacturing: <a href="/updates/protections-against-liability-for-individuals-and-entities-providing-covid-19-countermeasures" target="_blank" rel="noreferrer noopener">Protections Against Liability for Individuals and Entities Providing COVID-19 Countermeasures</a>

Some suppliers are being asked to contribute and shift their production efforts to help combat the COVID-19 pandemic, and they are wondering what their potential liability could be if they decide to undertake efforts to manufacture products that are not within their typical practice. The short answer is that there is broad immunity under federal law (that likely preempts state law and bars any state law claims) and a rebuttable presumption of immunity under Michigan law. Read the full article <a href="/updates/protections-against-liability-for-individuals-and-entities-providing-covid-19-countermeasures-2/" target="_blank" rel="noreferrer noopener">here</a>.

3-24-20 Aerospace, Defense and Government Contracting: <a href="/updates/white-house-mobilizing-american-manufacturing-in-response-to-covid-19" target="_blank" rel="noreferrer noopener">White House Mobilizing American Manufacturing in Response to COVID-19</a>

Two recent presidential actions have paved the way for private industry to aid the nation’s COVID-19 response. The president has declared a national emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 to enable the federal government to access a $50 billion relief fund. He also invoked the Defense Protection Act (DPA) to encourage private industry to increase the production and distribution of emergency medical supplies. Read the full article <a href="/updates/white-house-mobilizing-american-manufacturing-in-response-to-covid-19/" target="_blank" rel="noreferrer noopener">here</a>.

3-23-20 Government Affairs: <a href="/updates/summary-of-stay-home-stay-safe-executive-order" target="_blank" rel="noreferrer noopener">Summary of Stay Home, Stay Safe Executive Order</a>

On March 23, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-21 (the “Order”) in response to the COVID-19 pandemic. The Order demands residents remain at home “to the maximum extent feasible” and prohibits in-person work that “is not necessary to sustain or protect life.” The Order takes effect on March 24, 2020 at 12:01 a.m. and continues through April 13, 2020 at 11:59 p.m. Read the full summary <a href="/updates/summary-of-stay-home-stay-safe-executive-order" target="_blank" rel="noreferrer noopener">here</a>.

3-18-20 Health Law: <a href="/updates/broad-guidance-issued-for-telehealth-remote-communications-during-covid-19-crisis" target="_blank" rel="noreferrer noopener">Broad Guidance Issued for Telehealth Remote Communications During COVID-19 Crisis</a>

The Office for Civil Rights (OCR) at the Department of Health and Human Services (HHS) issued broad guidance and announced that it will exercise enforcement discretion for telehealth remote communications during the COVID-19 public-health emergency. Read the full article <a href="/updates/broad-guidance-issued-for-telehealth-remote-communications-during-covid-19-crisis" target="_blank" rel="noreferrer noopener">here</a>.

1-11-21 Cybersecurity and Privacy:&nbsp;<a href="/updates/preparing-for-the-next-generation-of-ransomware-attacks/" target="_blank" rel="noreferrer noopener">Preparing For the Next Generation of Ransomware Attacks</a>

More sophisticated ransomware attacks appear to be on the increase. With the disruptions resulting from COVID-19, government regulators and law enforcement are warning businesses to be on the lookout for ransomware attacks. Specifically, those business that operate in highly regulated industries – health care, finance and government contractors – need to be cautious. Additionally, any business that runs older legacy systems that may no longer be regularly patched or supported is also vulnerable. A patient in a German hospital recently died because of delayed treatment after hackers launched a ransomware attack against the hospital’s computers.&nbsp;Read the full article&nbsp;<a href="/updates/preparing-for-the-next-generation-of-ransomware-attacks/" target="_blank" rel="noreferrer noopener">here</a>.

8-4-20 Cybersecurity and Health Care:&nbsp;<a href="/updates/callers-beware-how-health-care-companies-can-avoid-liability-under-the-tcpa/" target="_blank" rel="noreferrer noopener">Callers Beware: How Health Care Companies Can Avoid Liability Under the TCPA</a>

In today’s digital world, hospitals and other health care organizations are increasingly communicating with patients by way of automated text messages, prerecorded voice calls or facsimile. Appointment reminders, prescription refill calls, patient satisfaction surveys, promotions and advertisements or other messages can be easily transmitted to numerous patients by a simple click of a button. However, what callers may not realize is that by simply clicking that button, they may inadvertently violate a federal law known as the Telephone Consumer Protection Act (TCPA).&nbsp;Read the full article&nbsp;<a href="/updates/callers-beware-how-health-care-companies-can-avoid-liability-under-the-tcpa/" target="_blank" rel="noreferrer noopener">here</a>.

5-28-20 Cybersecurity:&nbsp;Webinar:&nbsp;<a href="/updates/webinar-data-privacy-and-cybersecurity-challenges-for-employers-resulting-from-covid-19/" target="_blank" rel="noreferrer noopener">Data Privacy and Cybersecurity Challenges for Employers Resulting from COVID-19</a>

Join Warner attorneys Norbert Kugele, Nathan Steed and Kelly Hollingsworth for a webinar on data privacy and cybersecurity challenges for employers resulting from the COVID-19 pandemic. We will address issues that arise as employees work remotely and return to work, such as employee privacy and COVID-19 screenings. In addition, we will explore important regulatory and legal concerns and ways to mitigate potential risks as businesses are forced to adjust to operational changes.&nbsp;<a href="https://attendee.gotowebinar.com/recording/6823238616191467788" target="_blank" rel="noreferrer noopener">Click here</a>&nbsp;to to listen to a recording of the webinar.

4-17-20 Cybersecurity:&nbsp;<a href="/updates/confidentiality-of-employee-covid-19-information-an-update-from-the-eeoc/" target="_blank" rel="noreferrer noopener">Confidentiality of Employee COVID-19 Information: An Update from the EEOC</a>

If your business continues to operate during the COVID-19 pandemic, you may have implemented screening procedures to identify sick employees who should not be working. Health information that you collect from your employees in this context needs to be kept confidential, and to the extent that you keep records of these screenings, you must ensure that the information is kept separate from the employee’s personnel record. Read the full article&nbsp;<a href="/updates/confidentiality-of-employee-covid-19-information-an-update-from-the-eeoc/" target="_blank" rel="noreferrer noopener">here</a>.

4-13-20 Cybersecurity:&nbsp;<a href="/updates/data-privacy-and-cybersecurity-concerns-amid-covid-19/" target="_blank" rel="noreferrer noopener">Data Privacy and Cybersecurity Concerns Amid COVID-19</a>

As the COVID-19 pandemic continues, significant issues related to data privacy and cybersecurity are on the rise, largely triggered by two key factors: (1) more workforce members working remotely; and (2) organizations processing more employee health information. Below, we discuss some of the issues organizations are facing as a result of these and other factors and offer tips for mitigating the risks.&nbsp;Read the full article&nbsp;<a href="/updates/data-privacy-and-cybersecurity-concerns-amid-covid-19/" target="_blank" rel="noreferrer noopener">here</a>.

4-13-20 Cybersecurity:&nbsp;<a href="/updates/beware-of-covid-19-scams-and-phishing-attacks/" target="_blank" rel="noreferrer noopener">Beware of COVID-19 Scams and Phishing Attacks</a>

During the COVID-19 crisis, criminals continue to ply their trade and many are trying to exploit the crisis for their gain. As an increasingly large number of employees work from remote locations, it continues to be important for businesses to educate their employees about these kinds of attacks to prevent information systems from being compromised.&nbsp;Real the full article&nbsp;<a href="/updates/beware-of-covid-19-scams-and-phishing-attacks/" target="_blank" rel="noreferrer noopener">here</a>.

6-8-20 Resources, Energy and Environment:&nbsp;<a href="/updates/president-trump-issues-executive-order-curtailing-national-environmental-policy-act-and-endangered-species-act-reviews/" target="_blank" rel="noreferrer noopener">President&nbsp;Trump Issues Executive Order Curtailing National Environmental Policy Act and Endangered Species Act Reviews</a>

On June 4, 2020, President Trump issued an executive order directing the Army Corps of Engineers, the Department of Transportation and the Departments of Interior and Agriculture to identify infrastructure projects and projects on federal lands that can be moved forward and completed on an expedited basis. The order, citing a national emergency related to economic impacts resulting from the COVID-19 crisis, requires the heads of these agencies to submit a list of such projects to the Office of Management and Budget (OMB) within 30 days, and continue to report to OMB on progress every 30 days thereafter.&nbsp;Read the full article&nbsp;<a href="/updates/president-trump-issues-executive-order-curtailing-national-environmental-policy-act-and-endangered-species-act-reviews/" target="_blank" rel="noreferrer noopener">here</a>.

4-1-20 Resources, Energy and Environment:&nbsp;<a href="/updates/egle-sort-of-follows-u-s-epas-lead-by-excusing-some-environmental-obligations-during-the-covid-19-pandemic/" target="_blank" rel="noreferrer noopener">EGLE (Sort of) Follows U.S. EPA’s Lead by Excusing Some Environmental Obligations During the COVID‑19 Pandemic</a>

Last week, the United States Environmental Protection Agency (EPA) released a potentially broad policy restraining federal civil enforcement for various environmental obligations. Specifically, the&nbsp;<a href="https://www.epa.gov/sites/production/files/2020-03/documents/oecamemooncovid19implications.pdf" target="_blank" rel="noreferrer noopener">March 26, 2020 Bodine Memo</a>&nbsp;states that the EPA will conditionally exercise “enforcement discretion” for noncompliance with environmental obligations caused by the COVID-19 pandemic. Read the full article&nbsp;<a href="/updates/egle-sort-of-follows-u-s-epas-lead-by-excusing-some-environmental-obligations-during-the-covid-19-pandemic/" target="_blank" rel="noreferrer noopener">here</a>.

11-6-20 Trusts and Estates:&nbsp;<a href="/updates/governor-whitmer-signs-remote-signature-and-notarization-legislation/" target="_blank" rel="noreferrer noopener">Governor Whitmer Signs Remote Signature and Notarization Legislation</a>

Yesterday, Governor Gretchen Whitmer signed several COVID-19-related bills into law that are important to the real estate industry, estate planners and other businesses that rely on notarized or recorded documents.&nbsp;Read the full article&nbsp;<a href="/updates/governor-whitmer-signs-remote-signature-and-notarization-legislation/" target="_blank" rel="noreferrer noopener">here</a>.

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