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Cadwalader COVID-19 Resources Compendium

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Cadwalader COVID-19 Resources Compendium Last Update: August 30, 2021 COVID-19 Resources Cadwalader, Wickersham & Taft LLP www.cadwalader.com Table of Contents 9 U.S. Supreme Court Holds that CDC Exceeded its Authority in Issuing Eviction Moratorium Steven Herman, Eunji Jo 12 CDC Issues New Eviction Moratorium while U.S. Supreme Court Grants Injunction against Enforcing the Eviction Moratorium in New York Steven Herman, Eunji Jo 15 Supreme Court Denies Request to Lift CDC’s Eviction Moratorium Steven Herman, Eunji Jo 17 Can't Lose What You Never Had: Court Rejects All Legal Theories Asserted by Retail Tenant Steven Herman, Sulie Arias 22 Decision Striking Down CDC Federal Eviction Moratorium Temporarily Stayed Steven Herman 25 Governor Cuomo Extends Eviction and Foreclosure Moratorium until August 31 Steven Herman, Eunji Jo 27 Governor Cuomo Extends Eviction Protections for Small Businesses That Demonstrate a Financial Hardship Steven Herman, Eunji Jo 29 Federal Eviction Moratorium Struck Down Steven Herman, Jessica Wong 34 CFPB Announces Results of its Prioritized Assessments of CARES Act and Other Borrower Protections in Light of COVID-19 Pandemic Scott Cammarn, Rachel Rodman, Keith Gerver 41 Can’t Lose What You Never Had: New York State Court Rejects Argument that a Pledge of the Equity Interests in an Entity that Owns Real Property Requires Foreclosure under RPAPL Article 13 Melissa Hinkle, Molly Lovedale 43 Governor Cuomo Extends Residential Eviction and Foreclosure Moratorium Steven Herman, Eunji Jo 45 Changes to the EU Securitisation Regulations and the Capital Requirements Regulation Suzanne Bell, Robert Cannon, Stephen Day, Matthew Duncan, Claire Puddicombe, David Quirolo, Nick Shiren, Michael Sholem, Daniel Tobias, Assia Damianova Cadwalader, Wickersham & Taft LLP (Cadwalader) is a registered limited liability partnership established under the laws of the State of New York. The personal liability of our partners is limited to the extent provided in such laws. Additional information is available upon request or at www.cadwalader.com. A list of our partners, who are Solicitors or Registered Foreign Lawyers in England and Wales, is available for inspection at the above address. Regulated by the Solicitors Regulation Authority. 2 51 We’re All in This Together, but Landlords Are About to Take a Bath – SDNY Upholds Constitutionality of NYC’s Guaranty and Tenant Harassment Laws Steven Herman, Parker Ihrie 55 Executive Order Extending Moratorium on Commercial Evictions until January 1, 2021 Steven Herman, Sulie Arias 56 CDC Order Temporarily Halts Residential Evictions Nationwide until December 31, 2020 Steven Herman, Sulie Arias 58 Governor Cuomo Extends Tenant Protections, Including Eviction and Foreclosure Moratorium Steven Herman, Nicholas Brandfon 60 Continued HOPE of a New Commercial Real Estate Preferred Equity Facility Holly Chamberlain, Kevin Sholette 64 European Commission Proposes Changes to the European Securitisation Regulation in Response to COVID-19 Suzanne Bell, Robert Cannon, Stephen Day, Matthew Duncan, Claire Puddicombe, David Quirolo, Nick Shiren, Michael Sholem, Daniel Tobias, Assia Damianova, Elena Bernal 77 CFPB Announces New Supervisory and Enforcement Priorities in Light of COVID-19 Pandemic Scott Cammarn, Rachel Rodman, Robert Duncan 80 Controversial Rent and Mortgage Payment Relief Bill Introduced Steven Herman, Sulie Arias 82 Oregon Law Prohibits Foreclosures During COVID Emergency Matthew Robertson, Eunji Jo 85 Draft Legislation Sparks HOPE of a New Commercial Real Estate Preferred Equity Facility by the Department of Treasury Holly Chamberlain, Kevin Sholette 92 PPP Oversight Efforts May Impact Lenders Jodi Avergun, Scott Cammarn, Christian Larson, Kendra Wharton 96 Mayor DeBlasio Signs Legislation Intended to Limit the Enforcement of Personal Liability Provisions in Commercial Leases in New York City Steven Herman, Nicholas Brandfon 98 Updated FAQs and MLSA Released by the Federal Reserve Provides Additional Details on Eligible ABS, Eligible Borrowers and Financing Terms under TALF Cheryl Barnes, Joseph Beach, Aaron Benjamin, David Burkholder, Scott Cammarn, Sophie Cuthbertson, Michael Gambro, Christopher Gavin, David Gingold, Anna Glick, Stuart Goldstein, Kahn Hobbs, Gregg Jubin, Robert Kim, Henry LaBrun, Ivan Loncar, Dorothy Mehta, Jed Miller, Peter Morreale, Lisa Pauquette, Frank Cadwalader, Wickersham & Taft LLP (Cadwalader) is a registered limited liability partnership established under the laws of the State of New York. The personal liability of our partners is limited to the extent provided in such laws. Additional information is available upon request or at www.cadwalader.com. A list of our partners, who are Solicitors or Registered Foreign Lawyers in England and Wales, is available for inspection at the above address. Regulated by the Solicitors Regulation Authority. 3 Polverino, Gregory Prindle, Jeffrey Rotblat, Ira Schacter, Nathan Spanheimer, Neil Weidner, Joseph Gambino, Danielle Katz, Adam Risell, Peter Williams 106 NYSE and Nasdaq Adopt Temporary Exceptions to Certain Shareholder Approval Requirements William Mills, Braden McCurrach, Marianna Wonder 110 An End to Temporary Restrictions on Short Selling in the European Union David Quirolo, Michael Sholem, Joanna Valentine 111 Crime in the Time of COVID-19: The Progress of UK White-Collar Investigations and Trials During Lockdown Mark Beardsworth, Kevin Roberts, Shruti Chandhok 117 The Law’s Long Reach: Recent Actions Show Federal Enforcement Agencies Are Not “Locked Down” by Social-Distancing and Quarantine Orders Jodi Avergun, Kyle DeYoung, James Treanor 124 Federal Reserve Issues New TALF Term Sheet and Responses to Frequently Asked Questions Cheryl Barnes, Joseph Beach, Aaron Benjamin, David Burkholder, Scott Cammarn, Sophie Cuthbertson, Michael Gambro, Christopher Gavin, David Gingold, Anna Glick, Stuart Goldstein, Kahn Hobbs, Gregg Jubin, Robert Kim, Henry LaBrun, Ivan Loncar, Dorothy Mehta, Jed Miller, Peter Morreale, Lisa Pauquette, Frank Polverino, Gregory Prindle, Jeffrey Rotblat, Ira Schacter, Nathan Spanheimer, Neil Weidner, Joseph Gambino, Peter Williams 136 Federal Reserve Provides Additional Guidance on Inclusion of CLOs in New TALF Term Sheet and Responses to Frequently Asked Questions Joseph Beach, Scott Cammarn, David Gingold, Gregg Jubin, Nathan Spanheimer, Neil Weidner, Joseph Gambino, Danielle Katz, Adam Risell, Peter Williams 143 Governor Cuomo Extends Eviction and Foreclosure Moratorium and Allows Tenants to Apply Security Deposits to the Payment of Rent Steven Herman, Nicholas Brandfon 145 Antitrust Enforcement Remains Robust Despite COVID-19 Joel Mitnick, Ngoc Hulbig 151 SBA Extends Safe Harbor Date to Return PPP Loans to May 14 and Other Guidance Jodi Avergun, Scott Cammarn, Anne Tompkins, Christian Larson, Kendra Wharton 156 Meet the Special Inspector General for Pandemic Recovery Jodi Avergun, Scott Cammarn, Anne Tompkins, Christian Larson, Kendra Wharton 160 Paycheck Protection Program – Secondary Market Restrictions on Whole Loan Transfers Partially Lifted Joseph Beach, Scott Cammarn, Gregg Jubin, Peter Morreale, Lorien Golaski, Cassidy Nolan Cadwalader, Wickersham & Taft LLP (Cadwalader) is a registered limited liability partnership established under the laws of the State of New York. The personal liability of our partners is limited to the extent provided in such laws. Additional information is available upon request or at www.cadwalader.com. A list of our partners, who are Solicitors or Registered Foreign Lawyers in England and Wales, is available for inspection at the above address. Regulated by the Solicitors Regulation Authority. 4 163 These Are Not the Droids You’re Looking For: The “Wrong” Type of PPP Borrowers May Need to Repay Their Loans or Prepare for an Audit Jodi Avergun, Scott Cammarn, Anne Tompkins, Christian Larson, Kendra Wharton 167 The European Commission Proposes Urgent Amendments to the EU Capital Requirements Regulation Suzanne Bell, Robert Cannon, Stephen Day, Claire Puddicombe, David Quirolo, Nick Shiren, Michael Sholem, Daniel Tobias 170 Prudential Regulatory Treatment of UK Business Interruption Loan Schemes (CBILS & CLBILS) Suzanne Bell, Robert Cannon, Stephen Day, Claire Puddicombe, David Quirolo, Nick Shiren, Michael Sholem, Daniel Tobias 172 The Paycheck Protection Program and the Concept of “Necessity” Jodi Avergun, Scott Cammarn, Anne Tompkins, Christian Larson, Kendra Wharton 177 The Paycheck Protection Program – Loan Participation Transactions Joseph Beach, Scott Cammarn, Gregg Jubin, Peter Morreale, Lorien Golaski, Cassidy Nolan 180 Federal Investigators Prepare to Investigate and Prosecute Fraud in Emergency Loan Programs Jodi Avergun, Anne Tompkins, Christian Larson, Kendra Wharton 185 Don’t Be a Target: What Business Should Know about State Attorney General Reactions to COVID-19 Douglas Gansler, Cheryl Risell 188 Restrictions on Short Selling in the UK and European Union – An Update Michael Sholem, Joanna Valentine, Mark Highman, Christopher Smith 191 UK Government Launches Convertible Loan Scheme for Start-Ups; Announces Additional Funding for Innovate UK Michael Sholem, Joanna Valentine, Christopher Smith 195 The Impact of COVID-19 on Financial Contracts Melis Acuner, Nick Shiren, Assia Damianova, Emma Farrow 201 Banking Agencies Issue Temporary Deferral of Appraisals and Evaluations for Real Estate Transactions Scott Cammarn, Mark Chorazak, Steven Herman, Nicholas Brandfon 203 FCA Sends “Dear CEO” Letter to UK Banks on Lending to SMEs and Responsibilities of Senior Managers Suzanne Bell, Robert
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