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Please join our panel of current and former in-house counsel—with experience spanning a number of industries—as they discuss the issues and opportunities they faced in the course of their own professional journeys, and the strategies that helped them along the way.

Speakers:

Peg Henry, Deputy General Counsel, Stifel Financial

Nicole Islinger, Partner, Pillsbury

Cassie Lentchner, Senior Counsel, Pillsbury

Jorge Medina, Partner, Pillsbury

Seth Weissman, Chief Legal Officer, Marqeta, Inc

Moderator:

Augusto Lima, Partner, Pillsbury

Register Here

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This week, the Cybersecurity & Infrastructure Security Agency (CISA) issued Version 3.1 of its Guidance on the Essential Critical Infrastructure Workforce. For the most part, CISA’s Guidance 3.1 did not change from Version 3.0 as it relates to construction. However, CISA added a few construction-related services to “Essential Critical Infrastructure”:

  • “Workers who support the construction and maintenance of electric vehicle charging stations.”
  • “Engineers performing or supporting safety inspections.”
  • Workers supporting “the sale, transportation, and installation of manufactured homes.”
  • “Workers in retail and non-retail businesses—and necessary merchant wholesalers and distributors—necessary to provide access to hardware and building materials …”

For a more in-depth look at the CISA Guidance related to construction see Pillsbury alert Commercial Construction during COVID-19: CISA Expands its Guidance.

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On May 13, 2020, proposed California Senate Bill No. 939 was amended to not only prohibit landlords from evicting commercial tenants during the pendency of the COVID-19 state of emergency, but to extend protections to certain qualifying tenants permitting express rent reduction negotiation rights and lease termination rights. In “Proposed California Bill Would Ban Commercial Evictions During the State of Emergency and Grant Lease Termination Rights to Qualifying Tenants,” special counsel Carmela D. Nicholas explores how California Senate Bill 939 goes beyond the COVID-19 eviction moratorium imposed in most cities and counties across the state.

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The Procurement Integrity Act (PIA) governs disclosing or obtaining procurement information, engaging in employment discussions with government officials, and the payment and receipt of compensation to a former government official. In “New Procurement Integrity Act Decision Reminds Contractors of Its Scope and the Potential Remedies for a Violation,” colleagues John E. Jensen, Alex D. Tomaszczuk, Robert Starling discuss the question of whether an offeror has knowingly obtained “contractor bid or proposal information or source selection information” during a procurement, in violation of the PIA, is very fact-specific.

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Environmental_Protection_Agency_logo-275x300This is a brief account of some of the significant environment law developments that have occurred since the President’s March 13 national emergency declaration that the spread of COVID-19 poses a threat to national security.

The Courts – SCOTUS
The U.S. Supreme Court has issued three important decisions affecting environmental law during this period.

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On Friday, May 15, New York began reopening businesses after widespread closures in response to the coronavirus pandemic. New York Forward, the New York plan to reopen the state, divides the state into ten (10) regions. Each region may reopen in a four-phased process as it satisfies certain metrics. In “COVID-19: New York and New Jersey Announce Phased Reopening of Businesses,” colleagues Cassie LentchnerAdam R. Poliner and Simone A. Wood discuss the steps reopening businesses must take to protect employees and customers.

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Pillsbury is tracking the impact on construction projects of COVID-19-related orders and guidance from CISA, and in all 50 states and the District of Columbia. See our Updated COVID-19 Construction Chart.

 

 

 

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Building on existing New York State protections, the New York City Council has passed a bill providing protections for individuals who have guaranteed leases for premises affected by COVID-19. In “New York City Council Proposes Extensive Protections for Commercial Lease Guarantors,” colleagues Andrew J. Weiner and Adam J. Weaver discuss that the proposed legislation would make personal guaranties temporarily unenforceable if certain conditions related to the COVID-19 pandemic are satisfied, but the scope of the relief is not clearly defined.

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On May 13, 2020, one day before the expiration of the relevant “safe harbor” deadline, the Small Business Administration (SBA) issued new guidance to borrowers who have been considering whether to return their CARES Act Paycheck Protection Program (PPP) loans in the event that the borrowers failed to consider their access to alternative sources of liquidity before certifying the “necessity” of the PPP loans. In “SBA Issues Critical New Guidance on PPP Borrowers’ Certification of Necessity,” colleagues Alexander B. GinsbergJohn E. JensenDavid B. DixonElizabeth Vella Moeller and Matthew Oresman discuss how this new guidance purports to reduce significantly the risk to borrowers arising from a later determination by SBA that the borrower lacked an adequate basis for its certification.

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On Thursday, May 7, California rolled out a modified stay-home order and issued guidance to move into “Stage 2” of reopening certain sectors of the economy. In “California Allows Localities to Reopen Certain Businesses Consistent with State Guidance,” colleagues Robert A. JamesCallie A. BjurstromMichelle A. Herrera and Stacie O. Kinser discuss how this new statewide order, and the county-level reactions to it, create another layer in the patchwork of compliance requirements, but provide a pathway for certain industries to open doors sooner than others.

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