Seeking to address a longstanding environmental law question of what circumstances require a Clean Water Act (CWA) permit from a “point source,” the U.S. Supreme Court’s decision on April 23, 2020 in County of Maui v. Hawaii Wildlife Fund established a new test that even the Court realized may result in greater confusion rather than less.

Recently, the United States Equal Employment Opportunity Commission (EEOC) updated its recommendations for employers endeavoring to comply with the Americans with Disabilities Act (ADA) and other employment laws amidst the challenges posed by the COVID-19 pandemic. Most saliently, the guidance includes a new section on returning employees to the workplace.

As part of the federal government’s efforts to address employment concerns relating to COVID-19, President Trump signed the Families First Coronavirus Response Act (FFCRA) into law last month, requiring employers to provide paid time off to their employees for reasons related to the virus.

New Jersey had recently amended its Mini-WARN Act to expand the protections available for employees whose employers engage in mass layoffs or termination of operations effective July 19, 2020. Most notably, New Jersey had become the first state in the nation to mandate severance payments (one week’s pay for each year of service).

The Paycheck Protection Program (PPP) and Health Care Enhancement Act, signed into law on April 24, 2020, provides $484 billion of additional funding for small business loan programs and direct benefits to health care providers for COVID-19 response and testing.

In initially analyzing the tax provisions of the CARES Act, we identified some opportunities for businesses to claim refunds of federal taxes paid for tax years preceding 2020. See "COVID-19 Response: Tax Update - Using CARES to Conserve or Generate Cash, and Other Changes to Federal Tax Law”.

The Treasury Department released new guidance on April 23, 2020 regarding the Paycheck Protection Program (PPP) in an effort to curtail the fallout from news that publicly traded companies and financially secure universities obtained millions of dollars from the program meant to provide a financial lifeline to struggling small businesses.

With more than $349 billion distributed in the Small Business Administration (SBA) Paycheck Protection Program (PPP) (and more being appropriated this week), plus $1 trillion to be allocated in Federal Reserves Main Street Lending funds under Title IV of the CARES Act, the stage is set for both mistakes and fraud.