Unprepared for the unimaginable – temporary disruption COVID-19 has forced millions of people in the US alone out of work already. Many millions still in work now do so from home, or try to, often for the first time. Given how highly unusual this situation is and the very real and understandable fear and uncertainty it carries with it, it isn’t surprising that even with a decent level of organization, goodwill and a proper setup, working from home is not...

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The President has stated that “The cure can’t be worse than the problem."  He said that he would like to start opening up the country to business as soon as Easter Sunday. However, the virus has already spread to all 50 states. The current thinking is to designate areas based on risk so that areas where Covid-19 has not infected too many people (how much is too many?) could be phased in and businesses and manufacturing can restart.  This idea,...

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Please see below an update to the corporate tax issues for European businesses in response to COVID-19. 1. Federal - Calendar 2019 Tax Filings Originally Due April 15 Can Now be Filed by July 15 2. 2019 Payment Deadline for 2019 Extended to July 15 3. 1st Quarter Payments Due April 15 Pushed to July 15 4. 2nd Quarter Payments Due June 15th have NOT been Extended 5. New York State and City Follow Federal Deadlines 6. Other States Have Made Similar Accommodations 7. Section 165(i)...

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The global COVID-19 crisis is causing sudden and unprecedented disruption. It’s impossible to predict the total impact – but these are turbulent and trying times, and dramatic action and resiliency will be required to navigate this together. People, infrastructure, small and large businesses, and economies are all being affected. With the immediate well-being and health of people rightfully being top priority, many retail and other businesses are functioning at reduced capacity or as online-only operations. While some retailers have...

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On March 18, President Donald Trump issued an executive order finding that the “health and medical resources needed to respond to the spread of COVID-19, including personal protective equipment and ventilators” meet certain criteria set forth in the Defense Production Act of 1950, as amended (DPA). In the executive order, the president also delegated authority under the DPA to the Secretary of Health and Human Services “to determine, in consultation with the Secretary of Commerce and the heads of...

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On March 23, 2020, the United States Trade Representative (USTR) announced it will begin accepting exclusion requests from the Section 301 tariffs on goods manufactured in China for medical-care products needed to address the COVID-19 outbreak. The exclusion requests are to be submitted to regulations.gov. No specific forms or formats are required.  Though USTR asks that all requests be submitted as soon as possible, the process will be open until June 25, 2020.  Any product included in any of the previous...

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On March 24, 2020, the U.S. Department of Labor released an initial set of questions and answers (Q&As) concerning the recently enacted Families First Coronavirus Response Act (FFCRA). The Q&As focus on the law’s provisions relating to new emergency paid sick leave (EPSL) and emergency paid Family and Medical Leave Act benefits (FMLA+). As it continues to accept feedback regarding the FFCRA, the DOL may release additional Q&As on more issues, or clarify issues in the existing guidance, before...

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In a very short period of time, private equity groups and their portfolio companies have had to deal with an unprecedented amount of change in response to the novel coronavirus (COVID-19) crisis. Pepper Hamilton is working diligently in response to these events and has developed guidance on many of the issues that you may soon face, or indeed may already be facing. The guidance offered below takes into account developments as of today, but, as the situation continues to...

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On Sunday night, March 22, 2020, the federal banking agencies (OCC, FDIC, NCUA, Federal Reserve), the Consumer Financial Protection Bureau and the State Conference of Bank Supervisors issued an Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus. The Guidance does two key things: 1. Short-term loan modifications granted to borrowers that have become financially distressed as a result of economic conditions created by COVID-19 will not result in a loan being classified...

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Many early stage and emerging growth companies utilize venture lending as a source of funding to compliment equity financing. But what happens to these loans in difficult and uncertain times? Wilson Sonsini has experience in the venture lending markets that goes back more than three decades through multiple economic cycles and we know the active participants in the market well. We have helped both borrowers and lenders through difficult transactions in similar circumstances and we can offer some thoughts...

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