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Paycheck Protection Program SBA FAQ 31 – What Does the “Necessity” Certification Mean Today?
Dykema, April 2020

In a turn of events, likely in response to the headlines relating to companies and others returning PPP loan proceeds, on April 23, 2020, the Small Business Administration (SBA) and Department of the Treasury updated the Paycheck Protection Program Loans Frequently Asked Questions to include Question 31, which has been seen by many as a change in eligibility. The CARES Act specifically suspended the SBA 7(a) loan program requirement that borrowers be unable to obtain credit elsewhere...

What Do Eased Restrictions of Michigan’s Reaffirmed Stay-At-Home Measures Mean for Your Business?
Dykema, April 2020

On April 24, 2020, Governor Whitmer reaffirmed the stay-at-home measures set forth in Executive Order 2020-42, amended the scope of that order, and extended the duration of such measures through May 15, 2020 (unless modified earlier). While many of the restrictions from her prior executive orders remain in place, Executive Order 2020-59 includes some easing of in-person operation restrictions as well as some corresponding requirements for those operations...

Industry-Specific Considerations for Energy Companies Contemplating PPP Loans
Dykema, April 2020

With an additional $310 billion in funding for the Paycheck Protection Program (PPP) signed into law, energy companies should consider applying for PPP loans in order to maintain daily operations during the COVID-19 crisis. Generally speaking, companies may receive a maximum loan amount of the lesser of two-and-a-half times their average monthly payroll costs, or $10 million...

Recent Supreme Court of Pennsylvania Ruling May Impact Interpretation of Force Majeure in Future COVID-19 Disputes
Dykema, April 2020

A recent decision by the Supreme Court of Pennsylvania concerning a challenge to Governor Tom Wolf’s executive order relating to COVID-19 could impact disputes nationwide that arise out of the pandemic and involve a determination of whether COVID-19 constitutes a “natural disaster” or other like term within the context of force majeure clauses. In its April 13, 2020, decision inFriends of Devito v...

DOL Issues More FFCRA Compliance Guidance on Paid Leaves
Dykema, April 2020

Guidance Focuses on Concurrent Leave Issues, Hours to be Paid During Leaves, and Regular Rates of Pay Applicable Now that covered employers are providing paid leaves under the Families First Coronavirus Act (the “FFCRA”), more questions about the FFCRA’s nuances are surfacing...

President Trump Issues Proclamation Barring Intending Immigrants From U.S. for 60 Days
Dykema, April 2020

After stating he planned on issuing an Executive Order earlier this week, President Trump yesterday issued a proclamation barring intending immigrants from the United States for 60 days beginning at 11:50 p.m. on April 23, 2020. It states it is intended to help U.S. workers facing high levels of unemployment due to the Coronavirus...

Michigan Department of Treasury Further Extends State Income Tax Relief
Dykema, April 2020

On Friday, April 17, 2020, The Michigan Department of Treasury issued two departmental notices; a Notice of Automatic Extension of State and Income Tax Filing Deadlines (the “Notice of Automatic Extension”) and a Notice Regarding Electronic Requests for Informal Conferences...

Compliance for PPP Loans: Different Questions for Different Lenders
Dykema, April 2020

As all lenders know by now, the Coronavirus Aid, Relief, and Economic Security Act’s (“CARES Act”) guaranteed Paycheck Protection Program (“PPP”) loans are the key piece of economic relief for small businesses during the COVID-19 crisis...

President Trump Announces 60-Day Pause in Issuing Green Cards
Dykema, April 2020

Following up on his recent tweet to temporarily halt all immigration to the United States due to the coronavirus pandemic, President Trump announced his upcoming Executive Order would be limited to those people seeking permanent resident status in the United States (“green cards”) and would last for 60 days. This will apparently not apply to those seeking to enter the United States on non-immigrant visas...

Michigan Tech Start-Up Stabilization Fund Now Accepting Applications for Early-Stage Tech Company Funds
Dykema, April 2020

The Michigan Economic Development Corporation has announced the Tech Startup Stabilization Fund—a $3 million fund that will provide capital and support for Michigan tech startups impacted by the COVID-19 pandemic. ID Ventures is administering the fund and accepting applications from tech startups across the state at TSSFund.com...

U.S. Chamber’s Save Small Business Fund Accepting Grant Applications Starting April 20
Dykema, April 2020

The U.S. Chamber of Commerce Foundation is sponsoring the Save Small Business Fund—a grantmaking initiative offering short-term relief for small employers who are struggling during the COVID-19 outbreak. The fund will provide $5,000 grants to small employers in the United States and its territories that must be applied toward business expenses...

Need to Address COVID-19 Compliance Matters Underscored by New Pandemic Inspector General
Dykema, April 2020

The COVID-19 crisis has triggered an unprecedented response of federal and state relief programs to provide health care resources and economic relief. Once the country moves past the immediate crisis, the government will take a hard look at emergency payments. Along with $2 trillion in relief, the CARES Act established a new law enforcement authority within the Treasury Department: the Special Inspector General for Pandemic Recovery (the SIGPR)...

Faith-Based Organizations Provided an Exemption to Affiliation Rules Under the PPP
Dykema, April 2020

Paycheck Protection Program On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the “Act”) to provide emergency assistance for individuals, families, and businesses affected by the coronavirus pandemic...

Employers Beware: COVID-19 Will Not Excuse Wage or Labor Fixing Agreements
Dykema, April 2020

The United States Department of Justice (DOJ) and the Federal Trade Commission (FTC) have made it clear that they will act to protect employees on the front lines of the battle against COVID-19. On the one hand, as we explained in a prior client alert, they previously announced pre-clearance procedures and other guidelines intended to make it easier for companies to collaborate in legitimate, pro-competitive ways...

Illinois Suspension of Consumer Debt Collection Measures Takes Effect
Dykema, April 2020

In the face of the COVID-19 pandemic, Governor J.B. Pritzker has provided relief to Illinois consumers’ pocketbooks. On April 14, 2020, the Governor issued Executive Order in Response to COVID-19 No. 23 (“Executive Order 23”). The stated purpose of Executive Order 23 is to ensure that Illinois residents have funds for essential items such as food, medicine, housing, and transportation by temporarily suspending certain consumer debt collection measures...

Treasury Further Expands Relief for Taxpayers in Notice 2020-23
Dykema, April 2020

On Thursday, April 9, 2020, the U.S. Department of the Treasury issued Notice 2020-23 (the “Notice”), updating and expanding the relief granted by Notices 2020-18 and 2020-20. Notice 2020-23 postpones tax filing and payment deadlines until July 15, 2020, for many taxpayers in order to grant some amount of relief to individuals, businesses, non-profit organizations and trusts/estates amid the coronavirus/COVID-19 crisis...

Federal Reserve Announces New Main Street Lending Programs
Dykema, April 2020

On April 9, 2020, the Federal Reserve announced that it was taking additional actions to provide up to $2.3 trillion in loans to support the U.S. economy...

IRS Allows Higher Deductible Interest Expense and Accelerated Depreciation for Real Property Trade & Farming Businesses
Dykema, April 2020

On April 10, 2020, the Internal Revenue Service (the “IRS”) issued Revenue Procedure 2020-22 to provide guidance related to business interest expense limitations and elections available for certain real property trade and farming businesses under Section 163(j)(7) of the Internal Revenue Code (the “Code”)...

Michigan Temporarily Embraces 21st Century Virtual Technology Document Signing
Dykema, April 2020

On Wednesday, April 8, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-41 (the “Order”), which relaxes the witness and notary requirements for documents that would otherwise require in-person witnessing and/or notarization, such as Michigan estate planning documents, executed during the Coronavirus/COVID-19 pandemic...

Partnerships Are Eligible for Relief
Dykema, April 2020

On April 8, 2020, the Internal Revenue Service (the “IRS”) issued Revenue Procedure 2020-23, which allows eligible partnerships to file amended partnership returns for taxable years beginning in 2018 and 2019 in order to take advantage of the various tax incentives provided under the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”)...

Tax Incentives Under the CARES Act
Dykema, April 2020

The Coronavirus Aid, Relief, and Economic Security Act, H.R. 748 (the “CARES Act”), signed into law by President Trump on March 27, 2020, provides considerable relief for individuals and businesses in the form of financial assistance and tax-related benefits. Below is a short description of the tax benefits available for businesses, including employers and self-employed individuals under the CARES Act...

Nursing Home Compliance Under the COVID-19 Microscope
Dykema, April 2020

Nursing homes have been on the front lines throughout the COVID-19 pandemic as they care for the persons most at risk. In an effort to improve safety and curb the spread of COVID-19, federal and state authorities are relaxing certain compliance obligations. Despite this regulatory latitude, nursing facilities should remain aware that federal and state agencies continue to closely monitor nursing home compliance...

DOJ Won’t Challenge Collaborative Efforts of FEMA and Medical Suppliers to Provide Emergency Supplies
Dykema, April 2020

On Saturday, April 4, 2020, the Antitrust Division of the U.S. Department of Justice (“DOJ”) issued a business review letter to a number of providers of Personal Protective Equipment (“PPE”) and pharmaceutical products, stating that the DOJ “presently does not intend to challenge” their efforts to expedite and increase manufacturing, sourcing, and distribution of PPE and medications in connection with Project Airbridge...

Benefit Plan Implications of the CARES Act
Dykema, April 2020

On March 27, 2019, the Coronavirus Aid, Relief, and Economic Security Act (the “Act”) was signed by President Trump. The Act provides significant relief for employee benefit plan participants and includes both required and discretionary changes. Plan sponsors should immediately review their benefit plans to ensure that amendments are properly and timely implemented to ensure that their plans continue to operate in accordance with applicable law...

IP Filing Deadlines Extended Under CARES Act
Dykema, April 2020

Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) Director may modify certain patent and trademark-related deadlines where the COVID-19 outbreak has either prejudiced applicants’ rights or interfered with the filing of a document or fee payment. The Acting Register of the Copyright Office is also granted expanded authority under the CARES Act for modifying certain copyright-related deadlines...

 

 

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