The new Paycheck Protection Program Flexibility Act of 2020 ("PPPFA") amends the Paycheck Protection Program ("PPP") created under the Coronavirus Aid, Relief, and Economic Security ("CARES") Act and affects both existing...more
6/8/2020
/ Borrowers ,
Business Expenses ,
CARES Act ,
Loan Forgiveness ,
New Legislation ,
Paycheck Protection Program (PPP) ,
Paycheck Protection Program Flexibility Act of 2020 (PPPFA) ,
Payroll Taxes ,
Rehiring Issues ,
Safe Harbors ,
Small Business ,
Small Business Loans
The Issue: Federal agencies have issued subregulatory guidance affecting every industry during the COVID-19 pandemic.
The Situation: The federal government has issued executive orders and memoranda on the proper role of...more
The President issued an executive order directing agencies to address the economic impact of COVID-19 by eliminating regulations, providing reopening guidance to businesses, and recognizing that regulatory compliance can be...more
This action implements a portion of the President's recent Executive Order 13891, "Promoting The Rule Of Law Through Improved Agency Guidance Documents." In that executive order, the President directed agencies to review...more
Jones Day partners Donald F. McGahn II and Brett A. Shumate discuss the myriad of litigation, investigatory, reputational, and political risks awaiting businesses as they consider reopening during the pandemic. In this...more
5/13/2020
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Defense Production Act ,
Health and Safety ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Re-Opening Guidelines ,
Regulatory Oversight ,
Standard of Care ,
State and Local Government ,
Supply Chain ,
Trump Administration
The Situation: The U.S. Supreme Court recently considered, in Atlantic Richfield Co. v. Christian, whether the Comprehensive Environmental Response, Compensation and Recovery Act ("CERCLA") deprives Montana state courts of...more
4/29/2020
/ Approval Requirements ,
Atlantic Richfield Co v Christian ,
CERCLA ,
Clean-Up Costs ,
Contaminated Properties ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Land Owners ,
MT Supreme Court ,
Nuisance ,
Potentially Responsible Party (PRP) ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Site Remediation ,
State Law Claims ,
Strict Liability ,
Trespass
The Coronavirus Aid, Relief, and Economic Security ("CARES") Act is a sweeping bipartisan measure that provides relief to small and large businesses, the health care sector, and individuals and families. This massive...more
On February 20, 2020, the U.S. Environmental Protection Agency ("EPA") used its authority under Section 5(a)(2) of the Toxic Substances Control Act ("TSCA") to issue a proposed supplemental significant new use rule ("SNUR")...more
The Situation: The U.S. Environmental Protection Agency ("EPA") preliminarily determined to begin the process for setting National Primary Drinking Water Regulations ("NPDWRs") for perfluorooctanoic acid ("PFOA") and...more
This action implements a portion of the President's recent Executive Order 13892, "Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication." In that Executive Order,...more
The Situation: A U.S. District Court vacated a $2 million penalty imposed by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") against Exxon Mobil Corporation ("Exxon") because OFAC failed to...more
2/20/2020
/ Due Process ,
Executive Orders ,
Exxon Mobil ,
Fair Notice ,
Fifth Amendment ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Agenda ,
Sanction Violations ,
SDN List ,
Trump Administration ,
Vacated
On January 15, 2020, several environmental groups filed a petition asking the Environmental Protection Agency ("EPA") to regulate certain per- and polyfluoroalkyl substances ("PFAS") under the Resource Conservation and...more
The Situation: The Telephone Consumer Protection Act ("TCPA") prohibits unconsented calls or texts made "using an automatic telephone dialing system" ("ATDS"), defined as "equipment which has the capacity—(1) to store or...more
The private sector is increasingly the target of climate change litigation. These lawsuits seek to hold private companies liable for climate change under state public and private nuisance law. Although the most recent wave of...more
1/31/2020
/ Article III ,
Carbon Emissions ,
Causation ,
Climate Change ,
Due Process ,
Environmental Policies ,
Fossil Fuel ,
Lack of Authority ,
Oil & Gas ,
Private Nuisance ,
Public Nuisance ,
Standing
The Situation: The U.S. Department of Justice ("DOJ") has issued guidance revising its 2016 voluntary disclosure policy to provide companies stronger incentives to voluntarily self-report apparent potentially willful trade...more
1/13/2020
/ Cooperation ,
Corporate Counsel ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Export Controls ,
FCPA Corporate Enforcement Policy (CEP) ,
Foreign Corrupt Practices Act (FCPA) ,
New Guidance ,
Non-Prosecution Agreements ,
Self-Reporting ,
Voluntary Disclosure ,
White Collar Crimes
The president issued two executive orders limiting federal agencies' ability to use guidance documents for policymaking and enforcement and promoting transparency and fairness in civil enforcement matters....more
10/15/2019
/ Administrative Agencies ,
Administrative Proceedings ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Fairness Standard ,
New Guidance ,
Regulatory Agencies ,
Regulatory Reform ,
Standard of Conduct ,
Transparency ,
Trump Administration