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Recent Blog Posts

  • COVID-19 detection testing: You shall not pass (unless you pass the test) By Grant Stephenson    With many businesses opening back up again, many are pondering the question of how to screen for COVID-19. The U.S. Equal Employment Opportunity Commission (EEOC) has released guidance allowing employers to test employees for COVID-19 under certain circumstances. My colleague Jyllian Bradshaw explains on this Employer Law Report blog. ... More
  • Antitrust concerns, price gouging, hoarding and protecting your business during the COVID-19 pandemic By Grant Stephenson    We’ve seen some incredible collaborations and innovations during the COVID-19 pandemic. We have also seen price volatility during these uncertain times.  While these may not be top of mind for some, antitrust law and consumer protection law still apply and ignoring them could be costly for businesses down the road.  Porter Wright’s Jay Levine discussed these topics with partner Allen Carter in a three-part Antitrust Law Source podcast series focused on antitrust law and price gouging. Antitrust during COVID-19... More
  • Think twice before hitting “record” By Grant Stephenson    It is simple enough: press record and you can easily share your internal video conference call, re-watch it later, or forget it and move on. You move on until you receive a discovery request or a subpoena for information if the company is sued. Now, your internal video call is discoverable and may be seen by those outside your intended viewership. My colleagues Abby Chin and Molly Crabtree delve into this issue on the Technology Law Source blog. ... More
  • Paycheck protection: Lender considerations before round two By Cassandra Rice    Lenders are getting some much-deserved rest after enduring nearly two weeks of processing applications for the Small Business Administration’s (SBA) Paycheck Protection Program (PPP), which ran out of funds in the early hours of Thursday, April 15 – tax day. The program has been sharply criticized by lenders and borrowers alike, citing confusing guidance and technological glitches with the SBA e-Trans system, to the overwhelming sense that the program was underfunded and biased given the expanded eligibility criteria. By... More
  • How to claim COVID-19 tax credits via payroll By Grant Stephenson    Employers may claim the Employee Retention Tax Credit and the tax credits available under the Families First Coronavirus Response Act (FFCRA) for relief during the COVID-19 pandemic. They do this first, by reducing the employer portion of Social Security taxes, and then, by reducing the employer’s payroll deposits in an amount equal to the refundable portion of the accrued credits, instead of depositing said amount with the IRS. My colleagues Victoria Hanohano-Hong, Gerhard Schulte, Mark Snider and Dave Tumen explain to to claim these credits... More
  • UPDATE: Additional information released about delayed federal tax filing and payment deadlines By Gerhard Schulte    The Internal Revenue Service (IRS) has released additional information on the delayed payment and filing deadlines to ease the burden on taxpayers during the COVID-19 pandemic. We’ve written previously about the deferral of the federal income tax payments and filing obligations and initial guidance released last month. Ohio has also followed the federal government in the deferral, which we’ve written about here. The Treasury Department and IRS announced that taxpayers can generally defer federal income tax payments and filing... More
  • Main Street Lending Program By Grant Stephenson    On April 9, 2020, U.S. Treasury Secretary Steve Mnuchin announced the details for a “Main Street Lending Program” intended to provide financing opportunities to small- and medium–sized businesses. Secretary Mnuchin said, “The Main Street Business Lending Program will make a significant difference for the 40,000 medium-sized businesses that employ 35 million Americans.” My colleagues Jack Beeler, Jack Meadows and Cassandra Rice summarize the program and eligibility in this Law Alert. ... More
  • Q1 2020 drone law update By Grant Stephenson    Drone law is a hot topic across the country and there have been new developments in U.S. drone law on a federal and state level. My colleague Caroline Gentry explains in this Technology Law Source blog. ... More
  • Emergency orders: COVID-19 and distressed commercial leases By Sam Gamer    Distressed commercial tenants and their landlords may find themselves in tense situations during the COVID-19 pandemic. As those parties consider how to handle their lease obligations, they should consider, among other things, the varying contours of recent executive and emergency orders. As shown below, orders from various jurisdictions have taken different approaches to addressing the pandemic’s impact on commercial tenants. Some jurisdictions have directly addressed commercial tenants in their emergency orders. For example, on April 1, 2020, the governor... More
  • Important update on the Payroll Protection Program By Grant Stephenson    Since the passage of the Coronavirus Aid, Relief and Economic Security CARES Act, the Small Business Administration (SBA) and the U.S. Treasury Department have released a series of interim final rules and updated Frequently Asked Questions (FAQs) (as of April 8, 2020) regarding Paycheck Protection Program (PPP). These updates provide critical guidance and information to borrowers and lenders alike in the implementation of the highly sought after program. My colleague Cassandra Rice describes some of the key clarifications... More