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COVID-19 Legal Resource Portal

Bankruptcy & Restructuring

March 16, 2020

FAQ: How Will COVID-19 and its Economic Impact Affect Businesses, Lenders, and Other Creditors?
FAQ: How will COVID-19 and its economic impact affect businesses, lenders, and other creditors?

Business, Corporate and Securities

April 9, 2020

Force Majeure: Frequently Asked Questions
As the pandemic grinds on, many businesses are turning to their contractual force majeure clauses. Read this before making a decision.

April 4, 2020

Stay Home Missouri Order Interplay With City and County Orders
Stay Home Missouri Order does not prohibit non-essential businesses from continuing to operate.

April 3, 2020

Federal and 50 State Inventory: COVID-19 Business Financial Relief Measures (updated May 21)
Kutak Rock has surveyed and compiled a list of federal and state relief measures and resources for businesses impacted by the COVID-19 pandemic.

March 16, 2020

COVID-19 Resources Commercial and Corporate Considerations
Discover the top 5 issues our commercial and corporate clients are asking about.

Construction

March 23, 2020

FAQ: COVID-19 and Force Majeure Provisions’ Impact on Construction Projects
FAQ: COVID-19 and Force Majeure Provisions' Impact on Construction Projects.

Employee Benefits and Executive Compensation

May 18, 2020

COVID-19 Relief – Major Changes to Cafeteria Plans and a Freeze on Employee Benefit Deadlines
Our client alert covers recently issued guidance from the IRS regarding substantial, though temporary, changes to § 125 cafeteria plans. It also examines the joint rule from the DOL and the IRS that essentially freezes certain timeframes for COBRA coverage, special enrollment in medical plans, and other periods essential for administering employee benefit plans. 

May 11, 2020

Staying a Step Ahead - Employee Retention and COVID-19
We explain the recently released guidance from the IRS related to the employee retention tax credit that is available to employers under the CARES Act. 

April 6, 2020

Summary of Paid Sick Leave Laws (UPDATED June 26)
This summary chart of COVID-19 Paid Sick Leave Laws describes the types of new and expanded paid leave changes we are seeing as cities and states pass new laws in response to COVID-19.

The CARES Act and Employee Benefits
Our employee benefits group breaks down the CARES Act’s provisions for emergency leave, health plans, retirement plans, and more. The alert includes action steps for employers.

March 26, 2020

Summary of Paid Sick Leave and COVID-19 Laws
The FFCRA created two new types of paid leave. Our table briefly describes types of paid and unpaid leave laws including the newest requirements.

March 19, 2020

New Coronavirus Relief Law Impacts Health Plans and Leave Policies
The Families First Coronavirus Response Act calls for free COVID-19 testing, new paid leave entitlements and tax credits.

March 12, 2020

IRS Provides Relief for High-Deductible Health Plans to Provide COVID-19 Testing and Treatment
The IRS is providing relief for high-deductible health plans to provide COVID-19 testing and treatment.

Employment Law

April 27, 2020

Minnesota Executive Order 20-40
We provide an outline of the requirements of Executive Order 20-40 from Minnesota Governor Tim Walz which allows certain Non-Critical Businesses to resume operations.

April 2, 2020

Employers Encouraged to Use Specific FFCRA Leave Request Forms
The IRS and DOL have issued guidance that demonstrates the need for employers to create carefully tailored forms for employees to complete in requesting paid leave under the FFCRA.

March 31, 2020

DOL Publishes Additional Guidance in Advance of the April 1, 2020 Effective Date of the Families First Coronavirus Response Act
We summarize the DOL’s Questions and Answers (“Q&A”) that provide much-needed clarity for employers regarding the FFCRA.

March 27, 2020

Immigration FAQ
FAQ: Immigration issues facing employers during the COVID-19 health crisis.

March 26, 2020

DOL Publishes Initial Guidance and Employee Notice Regarding Families First Coronavirus Response Act
The DOL has published an initial round of guidance for employers covered by the Families First Coronavirus Response Act (“FFCRA”) and the Emergency Family and Medical Leave Expansion Act.

March 21, 2020

EEOC Provides Further ADA, Rehabilitation Act Guidance During Pandemic
The EEOC has provided further ADA, Rehabilitation Act compliance guidance for employers during this pandemic.

March 19, 2020

Families First Coronavirus Response Act: Guidance for Employers
Read the latest employer guidance on the Families First Coronavirus Response Act.

March 14, 2020

Employer Guidance for COVID-19
Read our most comprehensive analysis and suggestions for employers during the global COVID-19 outbreak.

March 14, 2020

COVID-19 is in Your Workplace. Now What?
COVID-19 is in your workplace. Now what? What to do if, or when, an employee reports they have tested positive.

Government Contracting

March 12, 2020

Government Contractors Have Choices in the Face of Coronavirus
Government contractors have rights and remedies available to them in the face of COVID-19.

Government Solutions 

Kutak Rock Has Assembled a Diverse Team of Attorneys
Kutak Rock has assembled a diverse team of attorneys from multiple Firm practice groups to better leverage the Firm’s experience and resources to respond to client needs in the wake of the COVID-19 crisis.

Healthcare

June 4, 2020 

States Implement Covid-19-Related Legal Protections for Healthcare Facilities and Personnel
Several states have enacted statutes and Executive Orders to limit legal exposure to healthcare providers, including nursing facilities exposure, by providing immunity from certain types of patient claims arising from certain COVID-19-related claims arising out of the pandemic. Read about the circumstances under which these statutes apply, and when they don't. 

April 27, 2020

COVID-19: State and Federal Measures to Improve the Allocation of Healthcare Resources
One prong of the federal and state approach to the COVID-19 pandemic has been to take measures to facilitate the efficient allocation of healthcare resources during this uniquely stressful time.  This Client Alert provides a brief overview of each resource allocation measures category, along with examples of recent federal and/or state actions.

April 10, 2020

Increasing the Healthcare System's Capacity to Provide Hospital Services
Regulatory, financial, and logistical considerations associated with various scenarios made possible by the recent CMS blanket waivers and interim final rule that would result in increased capacity across the U.S. healthcare system.

April 3, 2020

COVID-19 Stark Law Waivers
The Blanket Stark Law Waivers are set forth, categorized and explained in this Client Alert.

April 3, 2020

Arkansas's Legal Responses to COVID-19 Affecting Healthcare Providers
At the direction of Arkansas Governor Asa Hutchinson, the State has recently taken numerous measures to address the continuing effects of the COVID-19 pandemic on healthcare providers.

March 25, 2020

Section 1135 Waiver Provider Enrollment Flexibility
CMS provides new guidance on Section 1135 waivers with respect to provider enrollment matters.

March 24, 2020

COVID-19 and Quality Reporting Programs: CMS Provides Exceptions and Extensions for Reporting and Data Submission
CMS is implementing extreme and uncontrollable circumstances policy exceptions to reporting program requirements.

March 23, 2020

COVID-19 and EMTALA: Waiver of Certain Sanctions and CMS Guidance for Hospitals During an Emergency
CMS Releases QSO-20-15, Guidance for Hospitals During an Emergency.

March 19, 2020

COVID-19 Section 1135 Waiver Update - Telehealth Waiver
Telehealth Waiver: Learn how Section 1135 Waiver affects Medicare, Medicaid, and CHIP program requirements.

March 19, 2020

COVID-19 and HIPAA – Waiver of Certain Sanctions and Penalties, and OCR Guidance Regarding Telehealth and Continued Applicability
COVID-19 and HIPAA: Here's how new waivers of sanctions and penalties, and new OCR guidance affect telehealth.

March 19, 2020

CMS Releases Recommendations on Adult Elective Surgeries, Non-Essential Medical, Surgical, and Dental Procedures During COVID-19 Response
CMS releases recommendations on adult elective surgeries, non-essential medical, surgical, and dental procedures.

March 17, 2020

Healthcare Section 1135 Waivers
The entire United States is under a public health emergency. What this means for Medicare, Medicaid and CHIP.

Insurance

April 14, 2020

FAQ: Covid-19 Business Interruption Claims
In the weeks since the COVID-19 pandemic began, we’ve received many questions from clients. Here are the most common ones, along with current guidance.

March 30, 2020

COVID-19 and Key Commercial Insurance Issues
Read our discussion of common types of commercial insurance coverages and whether COVID-19 losses may be covered.

Litigation

April 24, 2020

COVID-19: Price Gouging, Consumer Fraud and Defective Products
This Client Alert explores a few instances of fraud, scams and price gouging, what is being done to combat these scams, and how buyers and sellers can protect themselves during the pandemic. 

April 13, 2020

COVID-19: Business Interruption Insurance Suit Examination
We highlight three recent insurance coverage lawsuits filed pertaining to “Business Interruption Insurance” (“BII”) in the last two weeks.

 
Privacy and Data Security

May 19, 2020

Data Sharing with Health Authorities During COVID-19
You may run a significant risk of violating employee privacy laws if you disclose employee health information. Organizations need to take proactive steps to protect their employees’ privacy.

March 16, 2020

Cyber Hygiene During COVID-19 Pandemic
A remote workforce presents new challenges and opportunities that require extra security vigilance.

Public Finance Tax

May 8, 2020

Tax-Exempt Financing of Working Capital Expenditures
We outline the general rules for using tax-exempt bond proceeds to pay COVID-19 and other working capital expenditures.

May 8, 2020

IRS Releases Guidance on Virtual TEFRA Hearings
The IRS released Revenue Procedure 2020-21, which applies to TEFRA hearings held from May 4, 2020 through the end of calendar year 2020 and to any TEFRA hearings held by toll-free teleconference due to COVID-19.

April 16, 2020

IRS Extends Relief to Public Finance Market
The IRS released Notice 2020-23 which encompasses a broad range of tax matters, including filing and reporting obligations relevant to tax credits, and many other tax topics.

March 30, 2020

TEFRA and VRDO
Current guidance regarding questions about the ramifications for municipal issuers in response to COVID-19 and its effects on the markets.

Real Estate

May 4, 2020

Kutak Rock Co-Authors First Article in Series with CBRE
Kutak Rock, along with CBRE, detail the market status of real estate, leasing and a market outlook based on the current COVID-19 considerations. 

March 20, 2020

FAQ: How Will COVID-19 and its Economic Impact Affect Landlords and Tenants?
FAQ: How Will COVID-19 and its Economic Impact Affect Landlords and Tenants?

External Resources

Center for Disease Control
Obtain up-to-the-minute information on COVID-19, including communication from the White House’s Coronavirus Task Force.

OSHA
Learn how to prepare your workplace for COVID-19, including links to interim guidance and other resources for preventing exposures to, and infection with COVID-19.

World Health Organization
Find information and guidance from WHO regarding the current outbreak of COVID-19, including global outbreak heatmaps, travel restrictions and FAQs.