News

Essential 2.0: Governor Abbott Issues Statewide Order

Texas Governor Greg Abbott has issued Executive Order GA-14, which became effective today, April 2, 2020.  This order adopts the definition “essential services” from the U.S. Department of Homeland Security’s “Guidance on the Essential Critical Infrastructure Workforce, Version 2.0” but also adds religious services to the list of allowed activities.  Notably, this statewide definition of […]

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Breaking Down the COVID-19 Loan Programs: Economic Injury Disaster Loan versus Paycheck Protection Program

On March 25, 2020, Governor Greg Abbott announced that the Small Business Administration (“SBA”) had included the state of Texas in its Economic Injury Disaster Declaration, thereby paving the way for small businesses to access the SBA’s Economic Injury Disaster Loan (“EIDL”) Program. The EIDL program has been around for a while, but was only

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Avenues for Tenant Relief When Business is Closed by Local Order

  The following, non-exclusive list presents potential remedies for tenants who are still obligated to pay rent while their businesses have been closed due to local orders, however, in many cases, commercial tenants are not afforded the protections provided to residential tenants: Absent the existence of a threat to person or for just cause, the

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Are Businesses Due Compensation for Damages Caused by Stay-at-Home Orders Resulting from COVID-19?

 As the threat of COVID-19 virus spreads, local governments throughout North Texas ordered many businesses—such as retail, restaurants, bars, gyms, and hair salons—to close. With these protective measures comes unemployment, unpaid bills, and possibly bankruptcy. This expansion of government power leads to the question of whether the government is correspondingly responsible for their orders’ economic

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Analyzing Whether Your Business is “Essential” Under Local Shelter-in-Place Orders

Many local governments are issuing shelter-in-place-style orders in response to Covid-19.  Typically, these orders have a blanket prohibition that significantly limits personal and business activities.  Then the orders typically make exceptions for certain activities, people, or businesses that are defined as “essential.”  In many orders, the definition of “essential” is loosely defined, making it difficult to

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Families First Coronavirus Response Act: Employer Paid Leave Requirements

On March 18, 2020, the Families First Coronavirus Response Act (FFCRA) was signed into law as one of the first major federal legislative initiatives in response to COVID-19.  In addition to addressing insurance coverage of COVID-19 testing, nutrition assistance for students, and unemployment benefits, the FFCRA also requires certain employers to provide their employees with

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Texas Medical Board Passes Emergency Rules to Enforce Prohibition of Elective Procedures

Late yesterday, the Texas Medical Board (“TMB”) adopted rules to enforce the Texas Governor’s Executive Order and its prohibition against performing surgeries and medical procedures that are not immediately medically necessary, through April 21, 2020. TMB President Sherif Z. Saafran, M.D. explained, “[t]he Texas Medical Board has echoed the strong recommendations for providers and health care

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Andrew Scott Joins Cantey Hanger LLP Litigation Group

FORT WORTH, TX – Attorney Andrew Scott has joined Cantey Hanger LLP as an associate in the firm’s Litigation Practice Group. His practice focus is advocating for general contractors, subcontractors, suppliers and owners on a variety of construction-related issues, including litigation, contract negotiations and alternative dispute resolution. He also represents companies and individuals licensed by

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Pardon My French, The Application of Force Majeure for General Contractors Dealing with COVID-19

The coronavirus (“COVID-19”) pandemic has impacted almost every corner of the world, requiring businesses of all sizes to re-assess their ability to maintain operations and fulfill contractual obligations. The federal and local governments have imposed restrictions on travel and gatherings, and in many instances, have forced businesses to temporarily shut their doors. One industry that

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SEC Offers Relief for Companies Impacted by COVID-19

The U.S. Securities and Exchange Commission (the “SEC”) is following suit to other agencies and providing regulatory relief for certain publicly traded companies. Below are the SEC’s announcements regarding (1) annual meetings and proxy rules, (2) filing deadlines, and (3) transfer agent relief. Annual Meetings and Proxy Rules The SEC released this staff guidance regarding

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SBA Disaster Assistance Loans for Small Businesses Impacted by COVID-19

On Thursday, March 12, 2020, the U.S. Small Business Administration (the “SBA”) announced that it would work directly with state governors to provide disaster recovery loans to small businesses that have been impacted by COVID-19. Historically, the SBA has required that any state or territory impacted by a disaster certify that at least five small

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EEOC Guidance for Employers on impact of COVID-19

As we await the fate in the Senate of the revised proposed Families First Coronavirus Response Act legislation, it’s important to remember other employment considerations under the unique circumstances of a pandemic. While the protections and requirements of the ADA and FMLA regarding reasonable accommodation (as well as rules about medical examinations and inquiries) remain

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The California Consumer Privacy Act (the “CCPA”) became effective on January 1, 2020, it will not become enforceable until July 1, 2020

Although the California Consumer Privacy Act (the “CCPA”) became effective on January 1, 2020, it will not become enforceable until July 1, 2020. As one of the strictest privacy laws in the United States, the CCPA likely to have a significant impact on businesses across the country. In fact, because of the nature of the

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Cantey Hanger Attorney appointed to Texas Sunset Advisory Commission

Lt. Governor Dan Patrick has appointed Cantey Hanger partner Ralph Duggins to serve as the new public member of the Sunset Advisory Commission.  The Sunset Advisory Commission conducts regular reviews of state agencies that are scheduled to be abolished by the Texas Sunset Act.  Their duties include convening public hearings on each agency and issuing

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