log in
Submit an Article | Back

Member Articles

Selected Filters:
Firm: Dinsmore & Shohl LLP

Sort By Title  |  Sort By Date

IRS Regulations Are at Odds with CARES Act Regarding Taxability of Paycheck Protection Loans
Dinsmore & Shohl LLP, May 2020

The IRS has issued Notice 2020-32 addressing the ability to deduct expenses paid with proceeds of Paycheck Protection Program loans. Under Section 1102 of the CARES Act, qualifying businesses are eligible for Small Business Administration Paycheck Protection loans of up to 2.5 times their average monthly payroll, calculated as defined in the Act...

Investigations against Health Care Facilities and Nursing Homes on the Rise
Dinsmore & Shohl LLP, May 2020

The Occupational Safety and Health Administration (OSHA) is making a concerted effort to investigate coronavirus-related cases in which employers allegedly inadequately protected their workers from the pandemic, according to USA Today.[1] A total of 192 COVID-related inspections were launched between Feb. 19 and April 23. The health care industry, including hospitals, skilled nursing facilities, and assisted living facilities, appears to be the focus of the OSHA investigations...

Beer, Wine & Spirits Quarterly
Dinsmore & Shohl LLP, May 2020

    WHAT'S NEW COVID-19 Business Strategies Hub   Since the news first broke about the COVID-19 pandemic and its impact on the global economy, Dinsmore has worked diligently to create the COVID-19 Business Strategies Hub. The Hub features attorney insights and complementary webinars to help you prepare and respond to legal, regulatory, and commercial implications related to the crisis...

New “Stay Safe Ohio” Order Rescinds Non-Essential Surgery Ban and Restarts Ambulatory Care
Dinsmore & Shohl LLP, May 2020

Ohio Department of Health (ODH) Director Amy Acton, M.D., MPH, has issued a comprehensive “Stay Safe Ohio” Order to be effective May 1, which, among many other things, reopens ambulatory care in Ohio. The new “Stay Safe Ohio” Order is available here and recognizes the “sacrifices and incredible efforts” of Ohioans, which make it possible to begin lifting restrictions...

Paycheck Protection Program Disclosure Requirements: UPDATE
Dinsmore & Shohl LLP, April 2020

On April 27, 2020 the SEC updated its Division of Investment Management Coronavirus (COVID-19) Response FAQ and addressed a question pertinent to our article dated April 17, 2020. Question II...

Secretary DeVos Rejects Calls for Waivers – School Districts Must Comply with IDEA and Section 504
Dinsmore & Shohl LLP, April 2020

In the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Congress – among other things – directed U.S. Secretary of Education Betsy DeVos to report regarding waivers of children’s rights under the IDEA and Section 504 of the Rehabilitation Act. On April 27, DeVos announced she would not recommend that Congress pass any additional waivers concerning the requirements in those acts...

Governor Mike DeWine and Ohio Department of Health Announce Health Care Reopening May 1
Dinsmore & Shohl LLP, April 2020

On April 27, 2020, the Ohio Department of Health (ODH) Director Amy Acton, M.D., MPH, and Governor Mike DeWine announced surgeries that do not require an overnight stay may proceed on May 1, 2020. Other surgeries that meet current essential standards may continue to be performed. Additionally, dental offices and veterinary offices can resume operations on May 1, 2020...

Return-to-Work Checklist for Employers Reopening Their Businesses
Dinsmore & Shohl LLP, April 2020

In anticipation of federal and state restrictions lifting as COVID-19 cases and deaths decrease, employers should start planning their employees’ return to work now. Employers must continue to follow the CDC, WHO, and state guidance to maintain a safe workplace while also complying with multiple employment laws. The following are general considerations for employers who are strategizing their return to work...

Ohio House Members Release Guidelines for Re-Opening Ohio Businesses
Dinsmore & Shohl LLP, April 2020

On April 27, 2020, members of the Ohio House of Representatives released the Open Ohio Responsibly Framework. This framework contains recommended guidelines for opening Ohio businesses beginning on or before May 1, 2020, after weeks of business closures due to the COVID-19 pandemic...

Governmental Oversight and CARES Act Funds: Recent Treasury Department Guidance
Dinsmore & Shohl LLP, April 2020

After the nearly $350 billion in funds allocated to the Paycheck Protection Program (PPP) under the CARES Act were depleted in mid-April, Congress has approved an additional $310 billion in funds for the program. These additional funds arrive after a wave of backlash over certain businesses, such as national chains, received PPP loans...

CDC Adds New Symptoms for COVID-19 Screening – Employers Must Adjust Accordingly
Dinsmore & Shohl LLP, April 2020

On April 26, 2020, the U.S. Center for Disease Control and Prevention (CDC) updated its guidance to add six new symptoms of COVID-19. Based on this update, individuals should be cognizant of the new symptoms while self-monitoring for COVID-19 and employers should update their employee health screening procedures...

EEOC Guidance Permits Employers to Test Employees for COVID-19
Dinsmore & Shohl LLP, April 2020

On April 23, 2020, the Equal Employment Opportunity Commission (EEOC) released new guidance that permits employers to test employees for COVID-19. In an update to its publication, “What You Should Know about COVID-19 and the ADA, the Rehabilitation Act, and other EEO Laws,”[1] the EEOC advised that an employer “may choose to administer COVID-19 testing to employees before they enter the workplace to determine if they have the virus...

CARES Act Provider Relief Fund: The Next $70 Billion
Dinsmore & Shohl LLP, April 2020

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act allocated $100 billion to the United States Health and Human Services Department (“HHS”) to provide financial relief for eligible health care providers. The first $30 billion of what is now known as the CARES Act Provider Relief Fund was released earlier in April. This initial wave was allocated among providers in proportion to their 2019 Medicare fee-for-service payments...

West Virginia Supreme Court Upholds Right-to-Work Law
Dinsmore & Shohl LLP, April 2020

The Supreme Court of Appeals of West Virginia upheld the constitutionality of the Workplace Freedom Act in a 5-0 decision, with one justice dissenting in part. The decision removes the cloud over the state’s right-to-work law, which was passed in 2016 but was enjoined by a trial court for a substantial period of time, determined to be unconstitutional, in part, by the same trial court and now takes full effect...

FDA, TTB Help Distillers Aid Communities through Hand Sanitizer Production during Pandemic
Dinsmore & Shohl LLP, April 2020

The U.S. Food and Drug Administration (FDA) recently issued a burst of COVID-19-related guidance documents to facilitate expanded availability of medical products during the current public health emergency created by COVID-19. FDA-regulated products under these temporary policies include: PPE, diagnostic tests, hand sanitizers, disinfectant devices, remote monitoring devices, ventilators, and electronic thermometers for clinical use...

FDA’s Coronavirus Treatment Acceleration Program (CTAP): Hope for a COVID-19 Cure
Dinsmore & Shohl LLP, April 2020

On March 27, 2020, President Donald Trump signed into law a $2 trillion emergency relief bill to ease the economic impact of coronavirus (COVID-19) and support response efforts. The CARES Act[1] included an allocation of $80 million in funding to the U.S. Food and Drug Administration (FDA) to continue its COVID-19 response efforts. The additional agency funding will be used, in part, for the development of medical countermeasures and vaccines...

Paycheck Protection Program Disclosure Requirements
Dinsmore & Shohl LLP, April 2020

What is it? The Paycheck Protection Program (PPP) is a loan program geared toward small businesses dealing with the jarring disruptions caused by the novel coronavirus (COVID-19). It is a part of the larger $2 trillion CARES Act and run through the Small Business Administration. It provides $350 billion in loans to help businesses keep their workforce employed during COVID-19 crisis. Who can apply? The PPP provides loans to business with fewer than 500 employees...

Supreme Court Denies Cert in Schneider, Leaving Circuit Split on Extent of DOJ Power to Dismiss FCA Cases
Dinsmore & Shohl LLP, April 2020

The Supreme Court this past week denied certiorari in United States ex rel. Schneider v. J.P. Morgan Chase Bank, N.A., an appeal from a D.C. Circuit case affirming the district court’s dismissal of a qui tam FCA action. See No. 19-678, 2020 U.S. LEXIS 2079 (Apr. 6, 2020). In so doing, the Court declined to address the emerging circuit split over the extent of the government’s dismissal power in qui tam cases...

CDC Issues Guidelines on Critical Workers Who May Have Been Exposed to COVID-19
Dinsmore & Shohl LLP, April 2020

On April 13, 2020, the Centers for Disease Control and Prevention (“CDC”) issued guidelines on safety practices for critical workers who may have had exposure to a person with suspected or confirmed COVID-19...

The EEOC Provides Further Guidance During COVID-19
Dinsmore & Shohl LLP, April 2020

On April 9, 2020, the Equal Employment Opportunity Commission (EEOC) issued Q&As on COVID-19 issues. The EEOC has also updated its guidance during a pandemic for employers relating to the COVID-19 pandemic. The following are some highlights from these updates. Medical Inquiries and Exams In the updated guidance, the EEOC indicated that the COVID-19 pandemic meets the definition of a direct threat...

CARES Act Key Employee Benefit Plan Provisions
Dinsmore & Shohl LLP, April 2020

On Friday, March 27, 2020, President Donald Trump signed the Coronavirus Aid, Relief, and Economic Security Act, H.R. 748, ( CARES Act or Act), a $2 trillion stimulus bill the House passed by voice vote earlier the same day and the Senate passed on Wednesday, March 25, by a vote of 96-0. The CARES Act is the largest economic relief package in the history of the United States...

Businesses, Fraud, and the CARES Act: Insights on Government Enforcement Defense and Prevention
Dinsmore & Shohl LLP, April 2020

The Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law March 27, 2020, provides $2 trillion in relief funds for individuals and businesses, including $500 billion in direct aid for large companies and more than $300 billion for small companies. Businesses applying for and receiving funds under the CARES Act should be mindful of risks associated with stringent government oversight and inevitable investigations targeting waste, fraud, and abuse...

SEC Guidance: Public Statements of Municipal Issuers Subject to Antifraud Provisions
Dinsmore & Shohl LLP, April 2020

The SEC’s Office of Municipal Securities recently released guidance providing that statements made by municipal issuers, such as public announcements, press releases, interviews with media representatives, and public reports, may be subject to the antifraud provisions of Section 10(b) of the Securities Exchange Act of 1934 (the Exchange Act) and Rule 10(b)-5 thereunder. On Feb. 7, 2020, the Office of Municipal Securities released Staff Legal Bulletin No...

DCS Investment Advisers Newsletter
Dinsmore & Shohl LLP, April 2020

  TOP STORY: Coronavirus (COVID-19) In recognition of the unique hardships presented by Novel Coronavirus/COVID-19, the SEC has issued a variety of relief orders across the securities industries. Many of these have come in the form of deadline exemptions or extensions. Our newsletter is focused on providing updates and information primarily concerning the investment advisory business...

OCIE Risk Alerts: Have You Implemented Regulation BI and Form CRS?
Dinsmore & Shohl LLP, April 2020

In an April 7, 2020 press release, the SEC Office of Inspections and Examinations (OCIE) issued two risk alerts. The first, involving examinations, focuses on compliance with Regulation Best Interest, and the second focuses on compliance with Form CRS. OCIE has released these two risk alerts to give investment advisers and broker-dealers advance notice as to what they can expect, in terms of scope and substance, during initial exams for compliance with the two initiatives...

 

 

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | PRIVACY POLICY | DISCLAIMER |  © World Services Group, 2020