The COVID-19 pandemic has impacted nearly every facet of society in unpredictable ways, and the laws and regulations governing calls and text messages are no exception. The Federal Communications Commission (FCC) issued a recent declaratory ruling clarifying when calls and text messages relating to COVID-19 are permissible under the TCPA’s “emergency purposes” exception, but most businesses will not be able to rely on that exception. In certain states, COVID-19 state-of-emergency declarations have triggered widespread restrictions on telemarketing. In non-COVID-19 news, debate continues over what constitutes an “automatic telephone dialing system” (ATDS) under the TCPA, and — in a surprising turn of events — the 2nd U.S. Circuit Court of Appeals has joined the 9th Circuit in adopting a broad definition.
Update: Funding Circle Approved To Issue Paycheck Protection Program Loan
With the help of McGuireWoods, Funding Circle, the leading online small business loan platform in the United States, joins fintech companies Intuit, PayPal, and Square, to participate in the U.S. Small Business Administration’s (SBA) Paycheck Protection Program (PPP), which was enacted as part of the CARES Act last month. To recap, the PPP provides aid
DOJ Puts Collection of Civil Penalties on Hold in Response to COVID-19
In a pair of recent memoranda from the Executive Office for United States Attorneys (“EOUSA”) issued on March 31, 2020, and April 13, 2020, the United States Department of Justice (“DOJ”) has effectively halted enforcement actions and the collection of civil penalties. Included in this temporary suspension is the collection of civil penalties incurred in
Protecting Business Information During the COVID-19 Pandemic
Due to the COVID-19 pandemic, 42 states, Puerto Rico and the District of Columbia have adopted shelter-in-place or similar orders. As a result, more employees than ever before are working from home. This sudden increase in telework has created new challenges for employers, including balancing the need to protect their trade secrets and confidential information, with the need to ensure that employees can work effectively from home. This article discusses the unique risks to trade secret protection created by telework arrangements and suggests ways employers can mitigate those risks.
Update – Fintech Lenders Approved to Participate in the Paycheck Protection Program
Fintech companies Intuit, PayPal and Square have officially been approved to participate in the U.S. Small Business Administration’s (SBA) $349 billion Paycheck Protection Program (PPP), which was enacted as part of the CARES Act last month. To recap, the PPP provides aid in the form of potentially forgivable loans to eligible small businesses, which loans
OIG Requests Inquiries on Enforcement Related to COVID-19 Arrangements
On April 3, 2020, OIG issued a process for inquiries to be submitted to OIG about the application of administrative enforcement authorities against certain arrangements directly connected to the 2019 novel coronavirus (COVID-19). OIG particularly asked for inquiries related to the Federal anti-kickback statute and civil monetary penalties prohibition on beneficiary inducements, where enforcement discretion
The Role of Fintech Lenders in the Paycheck Protection Program
The latest regulations coupled with the Treasury Department guidance have left many scratching their heads as to whether fintech companies will be able to provide small business loans under the recently enacted Paycheck Protection Program (PPP), a crucial part of the U.S. legislature’s latest attempts to address the serious economic impacts of the COVID-19 pandemic.
Update: Coronavirus Cyberscams and Other Attacks – Scammers Are Still at It
The global coronavirus pandemic continues on, and the cyberattacks and scams continue to multiply. In the midst of the pandemic, hackers are capitalizing on fears surrounding the outbreak by crafting COVID-19-themed attacks aimed at infecting computers with malware or obtaining sensitive, personal information. Below are some of the latest examples of attacks and vulnerabilities to be aware of:
OIG Seeks to Minimize Provider Burdens amid COVID-19 Crisis
On March 30, 2020, Christi A. Grimm, Principal Deputy Inspector General of the Department of Health and Human Services (HHS) Office of Inspector General (OIG), issued a letter to the OIG’s website outlining the OIG’s perspective on enforcement during the 2019-novel coronavirus (COVID-19) crisis. Consistent with our recent experiences, OIG stated its desire to minimize
Three Cybersecurity and Privacy Recommendations When Navigating COVID-19
While businesses grapple with the COVID-19 crisis, data privacy and data security regulation remains a pressing concern. Some significant state laws regarding data privacy and security have gone into effect in 2020, such as the California Consumer Privacy Act (“CCPA”) (effective January 1, 2020) and the New York Stop Hacks and Improve Electronic Data Security Act (“SHIELD Act”) (effective March 21, 2020). Regulator expectations for compliance with these new legal requirements seem immune from the virus that has placed strains on business operations and employees responsible for understanding and operationalizing new business processes to comply with these new legal requirements.
As resources are strained and employee focus is diverted to the evolving and unforeseen business demands in addressing COVID-19, the need for focus on data privacy and security appears even greater. Read on for three data security and privacy recommendations when handling COVID-19 related disruptions to business.