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Tennessee Extends Alcohol Carryout and Delivery August 29
Waller, June 2020

Tennessee Gov. Bill Lee has extended the executive order allowing drive-through, carryout and delivery of beer, wine and spirits for restaurants. Read Executive Order 50 here. Restaurants, limited-service restaurants and wine-only restaurants can continue to sell carryout and deliver alcoholic beverages and beer. There is no additional license or permission needed to deliver...

Bending COVID-19 Rules until they Break
Waller, June 2020

We are seeing significant upticks in state responses to violations of COVID-19 safety orders. Hours ago (June 26), Florida suspended all sales of alcohol at bars. The state broke the news via Twitter. Florida Gov...

5 Ways Healthcare REIT Sector will Change because of COVID-19
Waller, June 2020

Amid the unprecedented changes wracking the business world in 2020, one certainty remains: many industries will look very different in future years as strategic responses to COVID-19 gain traction and become permanent. In the healthcare REIT sector, we are beginning to see trends that may shape industry norms long after the dust has settled from the chaos of 2020. 1...

Will Metro Nashville Beer Board Enforce Health Violations for COVID?
Waller, June 2020

Folks are all abuzz about the June 18, 2020 “Emergency Meeting” of the Metro Nashville Beer Board. The Beer Board has cited the following: Moxy Downtown Kid Rock’s Broadway Brewhouse Downtown Nudie’s Click for a copy of the notice of the meeting...

Pennies from Heaven for Tennessee Small Business
Waller, June 2020

We are pleased to share the following summary about the Tennessee Business Relief Program. Key takeaways are: The money does not have to be paid back Revenue hopes to start disbursing in early July Unlike PPP and other relief programs, there is no application. A huge shout-out for the excellent summary to Jim Schmidt and Sharon Michie from the Tennessee’s Brewer’s Guild...

HHS Portal Opens for Dentists to Request COVID-19 Provider Relief Funds
Waller, June 2020

The US Department of Health and Human Services (HHS) has announced how dentists who bill Medicaid can now access a $15 billion Provider Relief Fund allocated by the CARES Act to cover COVID-related expenses and losses...

New Law Provides Significant Reforms Flexibility for PPP Borrowers
Waller, June 2020

On June 5, President Trump signed the Paycheck Protection Program Flexibility Act of 2020 (the “Act”) into law, providing several important modifications to the Paycheck Protection Program (“PPP”) that PPP borrowers should know about...

OSHA Issues New Guidance Ramping up Enforcement Related to COVID-19
Waller, June 2020

On the heels of growing pressure and mounting criticism from Congress and labor unions that the Occupational Safety and Health Administration (OSHA) was not doing enough to protect workers, OSHA issued new guidance expanding employers’ reporting requirements related to COVID illnesses...

The Impact of the New SEC Amendments on REITs Real Estate Operations and Triple Net Leases
Waller, May 2020

While the SEC’s amendments described in our prior blog post (locatedhere) provide relief to companies in a number of industries – including oil and gas, foreign private issuers, business development companies, and investment funds – we’re taking a closer look at the impact the amendments will have REITs and other real estate companies...

For Hospitals, COVID-19 Forces a Look into the Future
Waller, May 2020

Hospitals and health systems are on the frontlines fighting the COVID-19 pandemic. But, behind the scenes, they are grappling to sustain operations and finances significantly impacted by the state of the economy. In the latest version of our PointbyPoint podcast, Waller’s Ken Marlow and Eb LeMaster, managing director at Ponder, discuss the various factors impacting hospitals and health systems today...

SEC Reportedly Investigating Public Company Recipients of PPP Funds
Waller, May 2020

According to several sources, we understand that the SEC is reportedly investigating public companies that received funds under the Paycheck Protection Program (PPP). Established under the CARES Act in response to the coronavirus (COVID-19) pandemic, the PPP provided funding to eligible companies for payroll and other eligible costs, but the SEC is now reportedly investigating some of those very recipients and using their public disclosures to assess eligibility and need...

Economic Downturn and COVID-19 Leaves Some Hospitals Fiscally Vulnerable
Waller, May 2020

As the nation’s healthcare industry grapples with the impact of the first wave of COVID-19, many hospitals are facing fiscal pressure. This is particularly true for providers who fall into the following categories: Providers who are or were partially overwhelmed with COVID-19 patients, experienced shortages of PPE and significant staff stress, all of which tested systems and leadership like never before...

FAQ: Employers Should Plan for Reopening
Waller, May 2020

Waller has created this FAQ to assist employers prepare to reopen their doors and return to “normal” operations. It is critical that businesses develop a reopening plan and communicate new expectations before employees return. There are many issues for businesses to consider when making a plan to reopen. Included below in FAQ format are questions/recommendations to consider in formulating a reopening plan that makes sense for your business...

Proposed Legislation Would Protect Businesses from COVID-19 Claims
Waller, May 2020

With pandemic-related legal filings on the rise across the country, the Waller Government Relations team has worked closely with the Tennessee Chamber of Commerce and Industry to draft the Tennessee Business Recovery and Safe Harbor Act...

Immigration Alert: USCIS Announces Temporary Policy Changes for J-1 Waiver Physicians during the COVID-19 National Emergency
Waller, May 2020

In light of the COVID-19 National Health Emergency, U.S. Citizenship and Immigration Services (USCIS) introduced temporary policies related to H-1B-sponsored physicians who are completing their three-year J-1 waiver service commitment requirements. The temporary policies relate to full-time work requirements and the ability of J-1 waiver-approved physicians to provide telehealth services...

USPTO Further Extends Certain Deadlines in Response to COVID-19
Waller, May 2020

The United States Patent and Trademark Office (USPTO) issued a news brief in connection with a further extension of the relief provided under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The USPTO has offered patent and trademark applicants and owners an additional thirty (30) days in which to file certain documents and pay certain fees, extending the deadline set by the original notices to June 1st...

USDA Revises FSA Guidelines for Hemp Loans
Waller, May 2020

The United States Department of Agriculture’s (USDA) Farm Service Agency (FSA) issued revised guidance to its state and county offices on making and processing loans to hemp producers. Because hemp was federally legalized under the 2018 Farm Bill, the revised guidance is part of the USDA’s overall efforts to treat hemp as it would any other agricultural commodity with respect to available programs and services typically afforded to such commodities...

An Alternative to CARES Act Relief SEC Issues Temporary Crowdfunding Rules Amendment
Waller, May 2020

On May 4, 2020, the U.S. Securities and Exchange Commission (SEC) announced a temporary final rule amending certain rules that apply to securities offerings initiated under Regulation Crowdfunding between May 4, 2020 and August 31, 2020...

Tennessee Restaurants Reopening: What Can We Do Besides Eat
Waller, May 2020

Restaurants and other establishments that serve a menu of food were allowed to open in Tennessee beginning April 27. Memphis and Nashville remain closed. We have been fielding questions about what else customers are allowed to do besides eat, including playing cornhole or ping-pong or being entertained by a live comedian...

All Roads Lead to Somewhere New: Taxpayers Get One Free Shot at Changing Qualified Improvement Property Depreciation Method
Waller, May 2020

On April 17th, the IRS released Revenue Procedure 2020-25 to provide taxpayers guidance on implementing the changes to depreciation of qualified improvement property (QIP). As discussed in Waller’s prior blog post, the CARES Act provided a technical correction for the Tax Cuts and Jobs Act of 2017, which precluded QIP from receiving 100% bonus depreciation under even though it was previously eligible for 50% bonus depreciation...

Tennessee Pledge to Reopen Restaurants
Waller, April 2020

The Governor’s Economic Recovery Group issued Tennessee Pledge, "a plan to help Tennesseans return to work in a safe environment, restore their livelihoods and reboot our state’s economy." Restaurants are expected to follow the guidelines in the pledge. The pledge is mandatory for limited service restaurants, as specified in Executive Order 30. Here is a copy of the Tennessee Pledge Guidelines for Restaurants This is our summary of the guidelines for re-opening: 1...

Tennessee Extends Alcohol Carryout and Delivery through May 29
Waller, April 2020

Tennessee Gov. Bill Lee extended the executive order allowing drive-through, carryout and delivery of beer, wine and spirits for restaurants. Read Executive Order 30 here. Restaurants, limited-service restaurants and wine-only restaurants can continue to sell carryout and deliver alcoholic beverages and beer. There is no additional license or permission needed to deliver. We urge folks to keep hustling during these difficult times and checkLast Callfor updates...

20 Billion in Additional Funds Released to Providers as Part of CARES Act
Waller, April 2020

The Department of Health and Human Services (HHS) has opened up another $20 billion in funds to help hospitals and healthcare providers deal with the financial impacts of treating COVID-19 patients. The new funding round was opened on April 25 and is intended to compensate providers without regard to payer mix and to provide assistance based on March and April 2020 lost revenues...

Remaining Tennessee Counties Issue Reopening Plans
Waller, April 2020

City officials in Shelby County, Knox County, Hamilton County, Sullivan County, and Madison County have announced their respective plans to begin a phased reopening of non-essential businesses. Davidson County previously released its Roadmap to Reopening plan on April 24. Pursuant to Governor Lee’s Executive Order 29, the remaining 89 counties in Tennessee are required to follow statewide guidelines outlined in the Tennessee Pledge...

TTB Rolls Out New Rules for Distilleries, Wineries and Breweries
Waller, April 2020

The Federal Alcohol and Tobacco Tax and Trade Bureau, fondly known as TTB, issued final rules that contain a few game-changers for the alcoholic beverage manufacturing industry. We are particularly fond of the greater flexibility offered to distilleries. Distilleries can now count the years bourbon or whisky are aged in used barrels. Previously, a whisky or bourbon could only list the number of years aged in new oak barrels...

 

 

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