The CARES ACT – Tax Relief

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act, or the “CARES Act” to provide nearly 2 trillion dollars in aid and relief to individuals, businesses, and other entities in the wake of the spread of COVID-19.  Included in the CARES Act are tax and loan provisions intended to provide financial relief to people and businesses suffering as a result of the disease.

The following summarizes certain key tax-related provisions in the CARES Act. Continue Reading

Dallas County Stay at Home Order March 22, 2020 (updated)

This post has been updated as of March 26, 2020.

On Sunday, March 22, 2020, Dallas County Judge Clay Jenkins issued a county-wide Amended Order effective 11:59 P.M., Monday, March 23, 2020, directing all individuals living in Dallas County to stay-at-home, except for certain essential activities, as further discussed below. The Amended Order issued by Judge Jenkins this evening is set forth at the following link: https://www.dallascounty.org/Assets/uploads/docs/judge-jenkins/covid-19/03232020-AmendedOrder.pdf. Continue Reading

Total Vacancy: Hotels Searching for Answers in Wake of COVID-19

Every business in the United States has been forced to confront the halting effect of COVID-19. No sector of the economy has felt the impact more than the hospitality industry. Hotels saw a drop in occupancy when travel advisories began to trickle in, but subsequent governmental shutdowns and mandatory closures have pushed occupancy rates into a free-fall. Continue Reading

California Statewide Stay at Home Order March 19, 2020

The Statewide Executive Order issued by Governor Newsom this evening is set forth here: https://covid19.ca.gov/img/Executive-Order-N-33-20.pdf

The Order includes the following directives:

  • All State residents directed to heed current State public health directives, found here: https://covid19.ca.gov/
  • All individuals living in State of California directed to stay at home or at their place of residence EXCEPT AS NEEDED TO MAINTAIN CONTINUITY OF OPERATIONS OF THE FEDERAL CRITICAL INFRASTRUCTURE SECTORS OUTLINED HERE: https://www.cisa.gov/sites/default/files/publications/CISA-Guidance-on-Essential-Critical-Infrastructure-Workers-1-20-508c.pdf
  • The Order states that government has identified 16 critical infrastructure sectors whose assets, systems and supply chains are considered vital to the US; destruction would have debilitating effect on security, economic security, public health or safety or combination of above.  See diagram below for enumerated sectors.
  • Californians may leave their places of residence to perform the enumerated functions including those whose functions or work activities are needed to maintain continuity of the enumerated critical sectors.
  • Residents are advised to consider local emergency orders which may have more restrictive measures for non-critical sectors.
  • Any time residents must leave their homes they must practice social distancing including at work.

Continue Reading

Failure to Include A No-Build Analysis in Project Description Does Not Violate CEQA

In the belatedly-published Environmental Council of Sacramento, et al. v. County of Sacramento (Cordova Hills, LLC, et al. – Real Parties-in-Interest) (2020) ____ Cal.App.5th ____,[1] the Third District Court of Appeal affirmed judgment against a slew of California Environmental Quality Act (“CEQA”) claims centered on Environmental Council’s and Sierra Club’s (collectively, “Environmental Council” or “petitioners”) contention that the project at issue included a component – a university – that is ultimately not likely to be built.  More specifically, petitioners contended that because the university was not likely to be built, the environmental impact report (“EIR”) prepared pursuant to CEQA was therefore insufficient for failing to analyze the project without the university and thereby understated project impacts to things such as air quality, climate change and transportation. Continue Reading

Commercial Real Estate Tips of the Week: Practical Answers from Sheppard Mullin’s Coronavirus Task Force

Well, it’s been quite a week for all of us! Our national real estate team has compiled the top COVID-19 questions we received from our clients. The following is a summary of our guidance and suggested action items: Continue Reading

California Governor Gavin Newsom Suspends Provisions of Public Meeting Laws to Aid Social Distancing Efforts

In the wake of COVID-19 pandemic, on March 12, 2020, Governor Gavin Newsom issued Executive Order N-25-20 (“EO N-25-20”).  Among other things, EO N-25-20 suspends provisions of the Brown Act (Govt. Code §§ 54950 et seq.) and Bagley-Keene Act (Govt. Code §§ 11120 et seq.), which otherwise require special noticing and public access to teleconference locations for public meetings held via teleconference.  EO N-25-20 provides that, during the period in which state or local public officials impose or recommend measures to promote social distancing,[1] including limitations on public events, state and local bodies may conduct entirely teleconferenced public meetings (a) so long as each state or local body complies with noticing requirements of the pertinent state law, and (b) provides at least one publicly accessible location from which members of the public have the right to observe and offer public comment at the public meeting. Continue Reading

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