Emerging Markets Law

Showing 39 posts by Mitzi L. Hill.

Highlights of Governor Brian Kemp’s Updated Reviving a Healthy Georgia Executive Order

Coronavirus

On May 12, 2020, Georgia Governor Brian Kemp issued an updated Executive Order regarding continued social distancing, sanitation and other measures for businesses, and continued prohibition of Gatherings (more than 10 people if they cannot be kept six feet apart). The Order can be found here.

Below are some of the key business points of the Order, which is in effect from May 14 through May 31, 2020. Restaurants are subject to extensive and complex requirements under the Order; those will be summarized separately. 

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Waivers in the Time of Coronavirus

Coronavirus

As Georgia businesses consider reopening or expanding after Gov. Kemp’s most recent executive order, many are considering liability waivers to have clients and/or customers sign. To date, no courts have reviewed any waivers specifically in light of COVID-19, but there are some general principles available.

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Summary of Georgia Governor Brian Kemp’s Partial Reopening Order

Coronavirus

Georgia will permit some non-essential businesses to reopen this week and next, subject to social distancing measures.  Governor Brian Kemp announced the loosening at an afternoon press conference on Monday April 20.  Other states including South Carolina, Ohio, Tennessee, and Florida also made announcements yesterday regarding initial moves toward statewide reopening. 

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Treasury Market Guidance on Paycheck Protection Program Loans

Coronavirus

On Tuesday, the Treasury Department released guidelines to the market in the form of a Top-Line Overview of the Paycheck Protection Program (PPP), Lender Information Sheet, Borrower Information Sheet and Application Form, which can be found here: https://home.treasury.gov/policy-issues/top-priorities/cares-act/assistance-for-small-businesses. This guidance is not firmly established and we expect additional guidance, clarification or reconsideration of interpretations to come. For now, however, the market guidance is noteworthy for several reasons as it is informative, clarifies and even contradicts the statutory provisions contained in the CARES Act. Specifically, below are the notable points of information, clarification and contradiction:

Continue reading Treasury Market Guidance on Paycheck Protection Program Loans ›

Business Continuity During Coronavirus Lockdowns: Am I an “Essential” Business?

Men talking at work

With at least one in four Americans living under lockdown orders due to the Covid-19 pandemic, a new question has started to affect many US companies: can my company stay open during a lockdown?

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2020: The Year of Personal Privacy

2020 circuit board

In case you have not heard the news, 2020 ushered in a new law in California (the California Consumer Privacy Act, or CCPA) that gives consumers the right to know, upfront, what personal information companies collect about them. It also gives consumers the right to demand a copy of their information, to require that a company delete information it has collected, and to opt out of having their data sold to third parties.

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U.S. Companies Should Increase Cyber Awareness In Light Of U.S./Iran Posture

Posted In Cybersecurity

Global cyber security network

The Department of Homeland Security has issued a strong warning to U.S. businesses to pay close attention to their cyber security to guard against any attacks from Iran, which has a history of cyberattacks in the U.S.

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Profiting from Privacy

Profiting from Privacy

With the EU’s new privacy rules (GDPR) that took effect earlier this year, the California Consumer Privacy Act that takes effect January 1st, 2020, and the clamor for a federal data privacy law in the United States, it is increasingly clear that privacy will not, in the future, be an optional part of business operations.

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New California Privacy Laws: U.S. Meets GDPR-Like Consumer Rights

California CCPA and GDPR

For any U.S. business that has spent 2018 gearing up to comply with the EU’s new privacy rules General Data Protection Regulation (GDPR), which took effect in May, your time and effort were well spent. One month after the GDPR took effect, California rushed through a new law, the California Consumer Privacy Act (CCPA) that clearly took inspiration from broad aspects of the GDPR. 

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Vendor Management and Cyber Planning: Why Equifax Shows “What Not to Do”

Terms and conditions for cyber plan

If you’ve ever wondered why all the hullabaloo about cyber planning, here is a great example:

Equifax has said that it “owed no duty to safeguard the personal information of millions of consumers and financial institutions” affected by its massive 2017 data breach, and has asked to have the resulting lawsuits dismissed. (Daily Report, 24 July 2018.)

Continue reading Vendor Management and Cyber Planning: Why Equifax Shows “What Not to Do” ›

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