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Search OptionsInsightsExceptions to Indiana's Open Door Law and Access to Public Records Act Extended Until June 13, 2020
On March 23, 2020, Governor Holcomb issued Executive Order 20-09 (“Order 20-09”), further easing statutory requirements concerning Indiana’s Open Door Law (“ODL”) and Access to Public Records Act (“APRA”) in response to the COVID-19 pandemic. For… 
Protect Yourself from Anti-Kickback Statute Liability When Donating PPE
The HHS Office of Inspector General (“OIG”) recently updated its COVID-19 FAQ page to clarify its view of donated Personal Protective Equipment (“PPE”) during the COVID-19 public health emergency. Specifically, the OIG clarified that donations to… 
COVID-19 and ESOP Distribution Policies: Dealing with Down Times in an ESOP Company
When preparing this Alert, I recalled a presentation I did in 2008 called “Dealing with Down Times in an ESOP Company.” Well, here we are 12 years later, but the impact of the COVID-19 pandemic on many ESOP companies is even worse than the 2008… 
SBA Forgiveness Application
On Friday, May 15, 2020, the SBA published the Paycheck Protection Program Loan Forgiveness Application (“Application”) and Instructions. To access the Application and instructions please click here. The Application provides much needed guidance on… 
CFPB Provides Flexibility to Financial Institutions When Dealing with Billing Errors, Payment Rules and Deposit Accounts Terms Related to the COVID-19 Pandemic
On May 13, 2020 the Consumer Financial Protection Bureau (the “Bureau”) released a Statement on Supervisory Practices Regarding Regulation Z (the “Statement”) and two FAQs regarding the Bureau’s Payment and Deposits Rule (the “Payments and Deposits… 
Indiana Imposes Requirements on Physician Noncompete Provisions
The Indiana Legislature passed House Bill 1004 which Indiana’s Governor signed into law on March 18, 2020. Section 8 of the Bill creates new law affecting physician noncompete agreements and physician separations and goes into effect on July 1,… 
Force Majeure Considerations for Commercial Leases in Indiana
The concept of force majeure has garnered significant attention due to the social and economic impact of the novel Coronavirus (“COVID-19”) resulting in a reduction of operations or closure of businesses, factories, stores and restaurants across the… 
Coronavirus Relief Fund Program: Reimbursement Eligibility Guidelines for Counties, Cities, and Towns
Under the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), the State of Indiana received a distribution of Coronavirus Relief Funds to be used for certain limited purposes. Three Hundred Million Dollars of these funds are being… 
Exceptions to Indiana's Open Door Law and Access to Public Records Act Set to Expire on May 23, 2020
Beginning March 16, 2020, Indiana Governor Eric Holcomb issued a number of Executive Orders (“Orders”) easing statutory requirements concerning Indiana’s Open Door Law (“ODL”) and Access to Public Records Act (“APRA”) in light of the COVID-19… 
IRS Guidance Increases FSA Carryover Limit, Clarifies Reimbursement of Individual Health Coverage Premiums
Overview On May 12, 2020, the IRS issued Notice 2020-33, which (i) increases the carryover limit for flexible spending arrangements (“FSAs”) to $550, and (ii) clarifies the timing for reimbursement of individual health coverage premiums under certain… 
IRS Provides Flexibility for Cafeteria Plans to Permit Mid-Year Election Changes, Extend FSA and DCAP Claims Periods
Overview On May 12, 2020, the IRS issued guidance in response to the COVID-19 pandemic which provides flexibility during calendar year 2020 for employer-sponsored health coverage, health flexible spending arrangements (“FSAs”), and dependent care… PPP Safe Harbor for Loans Under $2M and Helpful Guidance for Loans $2M+
[UPDATE MAY 13, 2020] - Welcome guidance was issued today by the Small Business Administration (SBA) in the form of FAQ #46 regarding a borrower’s certification of the necessity of a loan under the Paycheck Protection Program (PPP). The guidance… 
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