Publications

Greetings, Court Fans! Most of the attention this week was on the Court’s final set of arguments for the OT2019 term, including arguments in the two Trump-related subpoena cases. This time, the Court’s teleconference arguments went a bit more smoothly, with fewer un-muted mishaps than last week. Whether the Court will be able to issue […]

On May 13, 2020, the United States Small Business Administration (“SBA”) finally addressed certain Paycheck Protection Program borrowers who missed out on available funds because rule changes on how to calculate maximum loan amounts were announced after such borrowers had submitted applications or had their loans processed.  Seasonal employers, as well as partnerships and other […]

*** UPDATE – In a subsequent FAQ#47, SBA further extended the safe harbor deadline to May 18, to give borrowers additional time to consider the new guidance provided in FAQ#46. *** On Wednesday, May 13, 2020, the U.S. Treasury and Small Business Administration released the much anticipated additional guidance on how to evaluate a Paycheck […]

Public Charge Rule The “Public Charge Rule” implemented by the Department of Homeland Security (“DHS”) on February 24, 2020 mandates that certain individuals applying for U.S. immigration status are generally inadmissible into the U.S. if they are found likely to become a public charge at any time. Individuals inside or outside the U.S. who seek to […]

Background On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act of 2020 (the “CARES Act”) into law. The Paycheck Protection Program (the “PPP”), one of the CARES Act’s featured relief programs, is a loan guarantee program administered by the United States Treasury (the “Treasury”) and Small Business Administration (the […]

The National Law Review has published David Hall’s and Tahlia Townsend’s advisory, “CFIUS Filing Fee.” The article appears in the May 11 edition and can be read on The National Law Review’s website by clicking here.

The National Law Review has published Tahlia Townsend’s article, “The Aggressive Extraterritorial Reach of U.S. Economic Sanctions: Foreign Company Exposure to OFAC Enforcement.” The article was first written as an client advisory and published by The National Law Review on April 15. To read the full article, click here.

Greetings, Court Fans! It’s been an eventful week at One First Street wherever The Nine are remote-working. On Tuesday, the Court heard oral arguments via telephone for the first time ever and—perhaps even more notable—permitted a live audio broadcast for the first time ever. Later that day, Justice Ginsburg was hospitalized (sadly not for the […]

Wiggin and Dana attorneys Aaron Bayer, Benjamin Daniels and Amanda Brahm‘s advisory titled “The Department of Education Issues Final Title IX Regulations” has been picked up for publication by The National Law Review. To read their article on The National Law Review‘s website, click here.

Wiggin and Dana attorneys Robert M. Langer, Benjamin H. Diessel and Timothy Cowan’s advisory titled, “100 Million Dollar Criminal Antitrust Penalty Paid By Florida Oncology Practice” has been published by The National Law Review. To read their piece on the The National Law Review‘s website, click here.

Wiggin and Dana Partners David Ring and Tahlia Townsend‘s advisory regarding the U.S. Department of Commerce, Bureau of Industry and Security’s (BIS) final rule (85 FR 23459) as of June 29, 2020, has been published by The National Law Review. To read their piece on The National Law Review‘s website, click here.

At long last, the Department of Education has issued final regulations to explain what steps colleges and universities must take to address sexual harassment and assault on campus. The regulations follow years of criticism of the Department’s old guidance, which many thought disadvantaged students accused of sexual misconduct. The final regulations follow a lengthy notice-and-comment […]

As the country looks to reopen after the COVID-19 pandemic, the National Governors Association (NGA) published guidance to help states identify and mitigate the effect on higher education. School closures may be on the horizon, but the NGA encourages states to minimize the impact of those closures by increasing oversight, identifying at-risk institutions, and implementing […]

I. Introduction On April 28, 2020, Treasury Secretary Mnuchin announced that the Small Business Association would be conducting a “full audit” of any loans over $2 million made pursuant to the Paycheck Protection Program (“PPP”) before those loans can be forgiven. The PPP was created as part of the CARES Act in response to the COVID-19 […]

Temporary Acceptability of Expired List B Identity Documents for Form I-9 The Department of Homeland Security (“DHS”) has issued a temporary policy change as of May 1, 2020 regarding Form I-9 Employment Eligibility Verification, List B identity documents.  Given that it may not be possible to renew state driver’s licenses, ID cards, and other acceptable […]

The Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”), signed into law by President Trump on March 27, 2020, provided an initial appropriation of $100 billion to the Department of Health and Human Services (“HHS”) for the Public Health and Social Services Emergency Fund to provide aid to “eligible health care providers” fighting […]

On April 30, 2020, the US Department of Justice Antitrust Division (DOJ) announced that it had settled a criminal antitrust case against a group of physicians that has resulted in the payment of a $100 million penalty. Medical providers, take notice. This action by the DOJ was brought against the Florida Cancer Specialists & Research […]

COVID-19 presents several challenges for colleges and universities. As states issued increasingly stringent stay-at-home orders, schools moved students out of dorms and canceled in-person instruction. Most schools have reimbursed housing costs, but few have reimbursed tuition. Students at Columbia University recently filed a putative class action seeking tuition reimbursement, Bennett v. Columbia University, 1:20-cv-03227 (S.D.N.Y.). […]

The Sixth Circuit recently decided a case that provides important clarification about Title IX and due process. In Doe v. Case Western Reserve University, case no. 19-3520, a student sued Case Western University after he was found responsible for committing “non-consensual sexual intercourse.” The student said the school violated his due process rights, violated Title […]

Greetings, Court Fans! As we noted a few days ago, the Court issued three new decisions early this week, including in a much-anticipated Second Amendment case (the first such case to reach the Court in a decade). We’re now back to summarize those decisions. There’s a lot to unpack, so we’ll jump right into it. […]

On April 30, 2020, the U.S. Small Business Administration (“SBA”) released an Interim Final Rule (the “IFR”) that, among other things, limits the amount of Paycheck Protection Program (“PPP”) loans that any single “corporate group” may receive to an aggregate of $20,000,000. The IFR applies to any PPP loans that have not been fully disbursed […]

In the wake of the closed economy due to the COVID-19 pandemic, the Supreme Court has issued three decisions covering aspects of patent, trademark and copyright law that you should know about. Lost Profits Available in Trademark Cases Without Willful Infringement Resolving a split in the U.S. appellate courts, on April 23, the United States […]

Background On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act of 2020 (the “Cares Act”) into law. The Paycheck Protection Program (the “PPP”), one of the CARES Act’s featured relief programs, is a loan guarantee program administered by the United States Treasury (the “Treasury”) and Small Business Administration (the […]

Wiggin and Dana Partner Jody Erdfarb has contributed to the newly published Health Information Technology Contracting Toolkit for the American Health Law Association (AHLA), which was released on April 29, 2020. According to AHLA, the toolkit “provides many useful resources, including sample agreements and checklists, government guidance, and other publicly available resources, to help HIT […]

On April 28, 2020, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) published a final rule (85 FR 23459), effective June 29, 2020, that significantly expands the existing restrictions on exporting, reexporting, and retransferring items to China, Russia, and Venezuela for military end users or military end use, without a license.  Specifically, […]

On Monday, April 27, 2020, the U.S. Treasury and SBA released the Interim Final Rule on Additional Criterion for Seasonal Employers (the “April 27 Guidance”). The April 27 Guidance expands the time period at which seasonal employers can look in order to (i) calculate average monthly payroll expenses and (ii) determine whether a seasonal employer […]

Greetings, Court Fans! We’re back with the three lagging decisions from last week. But first, we’ve got three more decisions to pass on, which were handed down today. In New York State Rifle and Pistol Assn. v. City of New York (No. 18-280), the first Second Amendment case to reach the Court in a decade, […]

Greetings, Court Fans! It was a busy week at the Court this week, as The Nine released opinions on two separate days, something it usually doesn’t do until June. Unfortunately, given their length and complexity, we’re only able to bring you full summaries of Monday’s cases today: Ramos v. Louisiana (No. 18-5924), holding that the […]

On April 24, 2020, the President signed the Paycheck Protection Program and Health Care Enhancement Act (the “Enhancement Act”) into law, providing, among other things, more than $250 billion in additional unrestricted funds for the Paycheck Protection Program (the “PPP”) and an additional $60 billion for smaller lending institutions, with $30 million earmarked for lenders […]

A Wiggin and Dana COVID-19 client alert titled “Immigration and Compliance Briefing: Presidential Proclamation to Temporarily Suspend Entry into the U.S. of Certain Immigrant Applicants” was published by The National Law Review on April 23, 2020. The original alert was co-written by Partner Najia Khalid and Associate Ashley Moore. To read the article on The […]