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Important Updates On PPP Loans - Recent SBA Guidance

By: and Julia A. Carpenter on April 9, 2020

This week the Small Business Administration (SBA) released guidance on two important topics of the Paycheck Protection Program: acceptable form of promissory note and required funding periods.

The SBA and Treasury Department provided guidance through…

COVID-19 Issues for Commercial Landlords

By: David A. Adams and on April 6, 2020

The novel Coronavirus (COVID-19) pandemic is impacting and will continue to impact commercial landlords in their leasing, management and operation of commercial real estate.  This Alert outlines certain key issues commercial landlords may face in the…

Q & A on Directors & Officers Insurance: Coverage for Liability due to COVID-19

By: Judy L. Woods and on April 5, 2020

The coronavirus of 2019 (COVID-19) has affected all businesses in one way or another. For public and privately held companies, a big question arises: what liability does the company have?  If an employee, customer, shareholder, or third-party sues…

OCR Relaxes Enforcement For Pandemic-Related Disclosures of PHI During Public Health Emergency

By: Stacy Walton Long and on April 5, 2020

The Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) announced that effective April 2, 2020, it will not impose penalties against health care providers or their business associates for certain violations of the…

IRS Provides Guidance on Process for Claiming COVID-19 Related Payroll Tax Credits

By: Kendall A. Schnurpel on April 2, 2020

On March 30, 2020, the IRS issued a new tax form, and related instructions, for employers seeking to obtain advance payments of three new tax credits established under the Families First Coronavirus Response Act (“Families First Act”) and the…

Indiana's Public Access Laws Further Suspended in Response to COVID-19

By: Christopher W. Bloomer and Robert S. Schein on April 2, 2020

On March 16, 2020, Indiana Governor Eric Holcomb issued Executive Order 20-04, which contained certain exceptions to Indiana’s Open Door Law (“ODL”) and Access to Public Records Act (“APRA”). For further information concerning Executive Order 20-04,…

You have been WARNed. Complying with the Worker Adjustment and Retraining Notification Act for COVID-19 Shutdowns

By: Elizabeth M. Roberson, Shelley M. Jackson, and Kate Trinkle on April 2, 2020

As many employers are considering temporarily shutting down their workplaces or laying off employees, it is important to ensure compliance with the Worker Adjustment and Retraining Notification (WARN) Act. The failure to comply could cost employers…

Municipal Securities Debt Service Disclosure Obligations and COVID-19

By: and Julie C. Bolling on April 2, 2020

Municipal securities disclosure obligations under federal securities law arise under (1) the antifraud provisions of Rule 10b-5 of the Securities Exchange Act of 1934 prohibiting misstatements or omissions of material fact leading to fraudulent…

The CARES Act: Changes Posed to Health Plans and HSAs

By: and Alexander L. Mounts on April 2, 2020

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) provides financial relief to employees facing economic hardships as a result of the pandemic.  Below are provisions applicable to health plans and health savings accounts.

Exemption…

The CARES Act: Changes Posed to Health Plans and HSAs

COVID-19 and Partial Plan Terminations

By: Lisa A. Durham on April 2, 2020

In this ever-changing economy due to COVID-19, we are receiving many questions regarding layoffs, furloughs and terminations of employment and how they impact the company’s qualified retirement plan.

What is a partial plan termination?

  • In general, if…

Comparisons of the Economic Injury Disaster Loan (EIDL) and the Paycheck Protection Program (PPP)

By: Robert A. Greising and Corben A. Lee on April 1, 2020

[UPDATED APRIL 17, 2020] On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (the “Act”) which provides significant economic benefits to small businesses. Two of the most economically beneficial programs…

State Board of Accounts Provides Guidance for COVID-19 Expenditures

By: and Scott C. Frissell on April 1, 2020

On Tuesday, March 31, 2020, the Indiana State Board of Accounts (“SBOA”) issued guidance relating to the SBOA’s audit position surrounding the use of public funds during the COVID-19 pandemic. In this guidance, the SBOA acknowledged that it would…

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