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Our attorneys are pleased to offer you leading industry knowledge on what's happening in the legal arena.  Below, you will find information on publications and articles authored by MVA attorneys, as well as practice group newsletters such as:  Employment Law News, Immigration Update and Impact IP. 

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Newsletters & Alerts


Borrower Insights For Maximizing PPP Loan Forgiveness
Mike Miller and Kathryn Hesman
June 2020, Law360

Charlotte Corporate Member Mike Miller and Associate Kathryn Hesman’s article titled, “Borrower Insights For Maximizing PPP Loan Forgiveness” was published by Law360 on June 25.


New Treasury Department Regulations Modify Mandatory Filing Requirements for Critical Technology Businesses
Frank Schall and Elena Mitchell
June 2020, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

Charlotte White Collar, Regulatory Defense, and Investigations Member Frank Schall and Associate Elena Mitchell’s blog article titled, “New Treasury Department Regulations Modify Mandatory Filing Requirements for Critical Technology Businesses” was published on June 17.


Forgiveness is Divine: Insight for PPP Borrowers to Maximize Loan Forgiveness
Mike Miller and Kathryn Hesman
June 2020

As businesses that have received funds (“Borrowers”) under the CARES Act’s Paycheck Protection Program (“PPP”) execute their COVID-19 survival strategies, it is important that these survival strategies are designed to take advantage of PPP program’s defining feature for Borrowers: loan forgiveness. The PPP provides that loans made under the PPP (“PPP Loans”) may be forgiven if the Borrower meets certain criteria for the use of the PPP Loan proceeds and maintenance of employee headcount and compensation levels. The forgiveness regime is governed by Section 1106 of the CARES Act, Interim Final Rules that have been issued by the Small Business Administration (“SBA”) thereunder (including the one Interim Final Rule, issued on April 2, 2020 (“IFR #1”) and another Interim Final Rule, issued on May 22, 2020 (“IFR #14) that each specifically deal with PPP Loan forgiveness), the forgiveness application posted to the Treasury Department website on May 16, 2020 (the “Forgiveness Application”) and the Paycheck Protection Program Flexibility Act (the “PPPFA”).


Treasury Department Again Issues New Guidance on PPP Loan “Necessary to Support Ongoing Operations” Certification
Mike Miller and Tyler Carpenter
May 2020

On April 23, 2020, the Treasury Department issued updated guidance (“FAQ 31”) regarding a confusing aspect of the CARES Act’s popular Payroll Protection Program (“PPP”).  A day later, on April 24, 2020, the Treasury Department issued a new Interim Final Rule (the “IFR”) formally implementing and expanding the scope of some of the PPP guidance in FAQ 31.  In applying for a PPP loan, among other things, applicants are required to certify that “current economic uncertainty makes this loan request necessary to support the ongoing operations” of the borrower (the “Necessity Certification”). 


INSIGHT: Proffers and Government Reporting—Cause for Comfort and Caution
Jim McLoughlin and Bill Butler
May 2020, Bloomberg Law

Moore & Van Allen PLLC attorneys analyze two court rulings involving the waiver of privilege when making disclosures to the government and they offer guidance to prevent attorney-client privilege and work product protection from being waived.


RESUMING BUSINESS DURING THE COVID-19 PANDEMIC: GUIDANCE FOR EMPLOYERS
May 2020

After the flurry of layoffs, stay-at-home orders, furloughs, and considerable new government regulation, many employers are now looking at planning for the eventual resumption of “regular” business. Such planning requires balancing productivity and workplace efficiency with health concerns and legal compliance. The following guidance provides insight into issues employers should consider before bringing employees back to work and do’s and don’ts when employees are back.


Treasury Department Publishes Interim Final Rule Implementing CFIUS Filing Fees
Elena Mitchell and Frank Schall
April 2020, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

As discussed in our related March 25, 2020 post, in early March 2020, the Department of the Treasury (“Treasury”) issued a proposed rule regarding filing fees for parties filing voluntary notices of certain transactions for review by the Committee on Foreign Investment in the United States (“CFIUS”) pursuant to the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). Earlier this week, on April 28, Treasury filed an interim final rule implementing filing fees beginning May 1, 2020.


U.S. Immigration COVID-19 April Roundup
April 2020

In March, MVA provided a comprehensive summary regarding the impact the COVID-19 pandemic was having on U.S. immigration.  Below is a roundup of the most important information impacting U.S. immigration since that summary.


Considering the Small Business Reorganization Act
Hillary Crabtree, Luis Lluberas, Reid Dyer
April 2020

The Small Business Reorganization Act of 2019 is a new streamlined bankruptcy process for businesses that qualify as a small business and took effect on February 22, 2020. The act is commonly known as “Subchapter V”.


SBA Bankruptcy Battle
Reid Dyer, Hillary Crabtree, Luis Lluberas
April 2020

On April 15, 2020, the SBA issued an Interim Final Rule (“IFR”) for the Paycheck Protection Program (“PPP”) component of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The PPP allows qualified businesses to receive loans equal to 2.5 times their average monthly payroll, up to $10 million, which may be fully forgiven if the proceeds are used for payroll and related expenses (subject to certain caps), rent, utilities, and interest on debts incurred prior to February 15, 2020. Pursuant to the IFR, the SBA determined that businesses that are currently debtors in proceedings under the United States Bankruptcy Code, 11 U.S.C. § 101, et seq. (the “Bankruptcy Code”) are not eligible to be approved for a PPP loan:


CMS ANNOUNCES REEVALUATION OF ACCELERATED PAYMENT PROGRAM PAYMENTS; SUSPENDS ADVANCE PAYMENTS TO PART B SUPPLIERS
Carol Ewald Bowen, Kimberly Short Kirk
April 2020

On April 26, 2020, the Centers for Medicare and Medicaid Services (CMS) announced that it is reevaluating the amounts that will be paid under its Accelerated Payment Program and suspending its Advance Payment Program to Part B suppliers effective immediately. CMS had expanded these programs in late March of this year to provide short term loans to address cash flow issues for providers and suppliers during the COVID-19 pandemic.  CMS stated that payments to hospitals and other providers providing front line care to COVID-19 patients will continue to be made available primarily from the Provider Relief Fund.


4th Circ. Foreign Discovery Ruling Champions Int'l Arbitration
Jim McLoughlin
April 2020, Law360

Charlotte Litigation Member Jim McLoughlin’s article titled, “4th Circ. Foreign Discovery Ruling Champions Int'l Arbitration” was published by Law360 on April 15.


Guidance and Legislation regarding patient information protections during the COVID-19 nationwide public health emergency
Carol Ewald Bowen, Kimberly Short Kirk
April 2020

As summarized below, the Department of Health and Human Services (HHS) and Office for Civil Rights (OCR) have issued a series of bulletins and other guidance regarding the ability to use and disclose protected health information during the nationwide public health emergency concerning COVID-19.  Generally, the guidance is intended to provide greater flexibility during the emergency and to communicate existing abilities to use and disclose patient information, while confirming that the HIPAA Privacy Rule’s protections are not suspended as a whole. In addition, the Coronavirus Aid, Relief and Security (CARES) Act contains provisions related to Part 2 protections and additional HIPAA guidance.


SUMMARY OF NORTH CAROLINA GOVERNOR'S APRIL 8, 2020 EXECUTIVE ORDER 130 - MEETING NORTH CAROLINA'S HEALTH AND HUMAN SERVICES NEEDS – INCLUDING WAIVER OF CERTAIN CERTIFICATE OF NEED REQUIREMENTS (April 10, 2020)
Carol Ewald Bowen, Kimberly Short Kirk, Sierra Lyda
April 2020

On April 8, 2020, North Carolina Governor Roy Cooper issued Executive Order 130 (the “Executive Order”) to provide necessary waivers to expand health care resources for treatment of COVID‑19 patients and to provide additional waivers for certain child care, emergency management, food establishment, elder care, developmental disability, mental health and substance use disorder treatment services, and social services.  The complete Executive Order is linked here:  https://files.nc.gov/governor/documents/files/EO130-Meeting-North-Carolinas-Health-and-Human-Services-Needs.pdf.


Estate Planning and the Coronavirus
April 2020

We hope you and your loved ones are all safe and healthy during these trying times.  For any of you who have fallen ill, we wish you a speedy and full recovery.  In response to the coronavirus pandemic, Moore and Van Allen has created a Covid-19 Resource Center including the latest news, alerts, and insights -- covering multiple practice areas to help you navigate this rapidly evolving situation from a legal and business perspective. MVA lawyers, professionals, and staff are here to support you during this uncertain time and remain committed to your success and well-being.  We wanted to share directly with you some updates that might affect you, as well as some thoughts on opportunities this unprecedented situation has presented.


GENERAL GUIDANCE FOR EMPLOYERS ON LEGAL ISSUES RELATED TO COVID-19
April 2020

Employers across the country are facing unique and unprecedented challenges in responding to workforce issues in light of the COVID-19 pandemic. The law is changing quickly to address issues presented by the spread of COVID-19. The following shares guidance and insight into common workplace issues that can arise in response.


Even the Winners May Be Losers
Ed O'Keefe, Kristina Whittaker
April 2020

While striving to assist our clients and customers in responding to the outbreak, we also need to think about when it is over.  There will be many losers, but also inevitably winners, either real or perceived.  Helping the distressed and others harmed by the outbreak is hard and critical work.  Managing the response to those who helped the winners will be unpredictable and complex.  Right now, we cannot fully know the winners.  Will it be customers that supply a desperately needed product or those that have sold at an opportune time?  Our actions will be viewed through hindsight layered with emotions. 


Left at the Altar: Best Practices if COVID-19 Delayed or Cost You Your Sale
Carolyn Meade
April 2020

The COVID-19 pandemic is having a ripple effect across private financial markets.  2019 and the opening of 2020 set records for fundraising for private equity firms, and the market for investment in, and acquisition of, private companies.  Many founder-owned companies which, not 3 weeks ago, were within less than a month of closing a deal have been informed by their prospective acquirers that their transactions are “on hold”.  Others no longer have a deal, as investment committees and management teams re-evaluate purchase price, financial covenants and their responsibilities to existing portfolio companies and limited partners. 


REAL ESTATE CLIENT ALERT REGARDING THE CARES ACT
Charlie Harmon
April 2020

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law by President Trump on March 27, 2020, as a response to the COVID-19 pandemic. Several provisions of the CARES Act impact real estate owners. Below is a summary of the provisions of the CARES Act that are most likely to impact to owners of commercial real estate. Please refer to Moore & Van Allen’s COVID-19 Resource Center for a more comprehensive analysis of the CARES Act.


Summary of the STARK LAW Blanket Waivers AUTHORIZED UNDER COVID-19 NATIONAL EMERGENCY DECLARATION - EFFECTIVE MARCH 1, 2020
Carol Ewald Bowen, Kimberly Short Kirk, Rachel Rice
April 2020

On March 30, 2020, the Secretary of the Department of Health and Human Services (the “Secretary”) authorized blanket waivers of Section 1877(g) of the Social Security Act (the “Stark Law”). The Stark Law prohibits physicians from making referrals for designated health services[1] to an entity if the physician or an immediate family member has an ownership interest in, or financial arrangement with, the entity, unless an exception applies.


COVID-19/Securities & Capital Markets Update
Wade Sample, Ryan Hart
April 2020

In response to the COVID-19 pandemic and the resulting disruptions to business and economic activity across the country, the Securities Exchange Commission (the “SEC”) and the SEC staff have taken steps to provide relief from certain filing and other regulatory requirements of the Securities Exchange Act of 1934 (the “Exchange Act”) and to give guidance to public companies on disclosure considerations related to the COVID-19 pandemic.


ESSENTIAL INFORMATION IMPACTING U.S. IMMIGRATION DURING THE COVID-19 EMERGENCY
March 2020

Like many areas, the U.S. immigration system has been greatly impacted by the COVID-19 pandemic. Below is a summary of the most critical information effecting employers and their foreign workforce during this time.


INVESTMENT MANAGEMENT CLIENT ALERT REGARDING COVID-19
Colby Jenkins, Michael Anderson, John Han
March 2020

As the COVID-19 pandemic continues to roil the global markets, private fund managers across the alternative asset spectrum (e.g., hedge, credit, private equity, etc.) have been confronted with a host of novel issues touching all aspects of their businesses. Managers should leverage historical context in communicating with their stakeholders, managing novel risks, and seizing on perceived opportunities.


SUMMARY OF THE CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS) TEMPORARY REGULATORY WAIVERS AND NEW RULES AFFORDING ADDITIONAL FLEXIBILITIES TO THE U.S. HEALTHCARE SYSTEM DURING THE COVID-19 PANDEMIC
Carol Ewald Bowen, Kimberly Short Kirk
March 2020

On March 30, 2020, the Centers for Medicare & Medicaid Services (CMS) issued additional broad and unprecedented regulatory waivers and new rules to enable the U.S. healthcare system to have maximum flexibility to respond to the 2019 Novel Coronavirus (COVID-19) pandemic.


COVID 19’s Impact on Human Trafficking Proliferation
Sarah Byrne
March 29, 2020

The most vulnerable among us who are preyed upon for the economic benefit of another -- victims of human trafficking -- just got more vulnerable.  It goes without saying that this global public health and economic crisis will touch most industries and systems.  Developing and maintaining an effective response to human trafficking ought to remain high priority for our government agencies, schools, healthcare workers, law enforcement, courts and financial service providers.  Perpetrators may take advantage of our fragile communities and temporary processes, causing already vulnerable people to become even more susceptible to victimization. 


Treasury Department Publishes Proposed Rule on CFIUS Filing Fees
Elena F. Mitchell
March 2020, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

Charlotte White Collar, Regulatory Defense, and Investigations Associate Elena Mitchell and Member Frank Schall’s MVA White Collar Defense, Investigations, and Regulatory Advice Blog article titled “Treasury Department Publishes Proposed Rule on CFIUS Filing Fees” was published on March 25.


New Treasury Department Regulations Expand CFIUS Authority
Elena F. Mitchell
February 2020, MVA White Collar Defense, Investigations, and Regulatory Advice Blog

Fraud As An Operational Risk For Banks
Neil Bloomfield and Kristina Whittaker
October 2019, Law360

Charlotte Financial Regulatory Advice and Response Member Neil Bloomfield and Counsel Kristina Whittaker’s article titled, “Fraud As An Operational Risk For Banks” was published by Law360 on October 8.


Charlotte Triage Pro Bono Partnership
September 2019