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Waller | April 2020

With Governor Lee’s order allowing curbside and delivery of alcohol set to expire at midnight April 30, we were expecting to see an extension of these privileges in connection with new guidelines for re-opening restaurants. We have the guidelines, but no mention of alcohol delivery and curbside service. The governor could still extend these privileges, but so far, he has not. Governor Lee said the state is releasing additional guidelines next week ...

Waller | August 2020

Tennessee Gov. Bill Lee has extended the executive order allowing carryout and delivery of beer, wine and spirits for restaurants. 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. Lee extended the privilege through to 11:59 pm September 30, which brings welcome certainty to an industry battered by the pandemic ...

Waller | July 2020

Rohit Chopra, the head of the Federal Trade Commission, recently issued a statement regarding private equity roll-ups in connection with the FTC’s annual report to Congress related to the Hart-Scott-Rodino (HSR) Act. The full text of the statement can be found here ...

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 ...

Waller | January 2021

Tennessee’s urban centers continue to be attractive markets for investment in residential, office and mixed-use developments. While most sophisticated real estate developers and investors are aware of land use and zoning requirements associated with projects in heavily regulated urban centers, many may not be aware of certain environmental issues that can derail a project.  “Urban soil” is different ...

Waller | September 2020

While the pandemic and subsequent economic downturn are creating unprecedented challenges for health systems across the country, opportunities for collaboration remain as strong as they had been pre-COVID, and large health systems are well positioned to take advantage of new opportunities. In light of this, Waller has partnered with Kaufman Hall to develop a guide for health system leaders, The Health System Growth Imperative: Charting Opportunities During the Pandemic and Beyond ...

Waller | February 2021

Virginia is now the first state in the nation to enact permanent COVID-19 workplace safety and health standards. In late January, the Virginia Department of Labor and Industry (DOLI) adopted the Virginia Occupational Safety and Health (VOSH) Program. The program promulgates a new standard that supersedesVirginia’s Emergency Temporary Standard from July 2020 ...

Waller | May 2018

This February, with its cross-listing on the Nasdaq Global Market, Cronos Group Inc. (TSX-V: MJN; Nasdaq:CRON) became the first “plant-touching” cannabis cultivator to list on any U.S. exchange. This listing was particularly notable because Cronos is a Canadian company ...

Waller | October 2020

The Federal Deposit Insurance Corporation (“FDIC”) Advisory Committee of State Regulators (“Committee”) held its inaugural meeting on October 14, 2020. During the meeting, the Committee emphasized the importance of financial inclusion within the banking industry and the recent efforts to foster inclusion undertaken by the FDIC and applicable state regulators ...

Waller | April 2020

In its attempt to provide relief to corporate America, the Board of Governors of the Federal Reserve System (the “Fed”) did not neglect lenders in all of the commotion. The Fed recently instituted several programs meant to provide liquidity to economic markets through lending directly to financial institutions, altering capital requirements and relaxing Fed examinations of financial institutions ...

Waller | March 2020

The Board of Governors of the Federal Reserve System (the “Fed”) has implemented monetary policy and federal programs in response to COVID-19. The policies and programs primarily affect financial institutions in the business of lending, but an understanding of the policies will aid all borrowers in knowing the constraints of their lenders and the process by which they will receive funds ...

Waller | April 2020

On April 9, the federal banking agencies issued an interim final rule to encourage lending to small businesses through the Small Business Administration’s Paycheck Protection Program (“PPP”) established under the CARES Act. Specifically, the agencies are applying a 0% risk weight to PPP covered loans for regulatory capital purposes ...

Waller | August 2018

When it comes to digital coins or tokens, it’s best to approach with caution, ask plenty of questions and conduct extensive research before making an investment, warns the Commodity Futures Trading Commission (the “CFTC”) ...

Waller | March 2020

As Democrats and Republicans continue to negotiate the terms and conditions of a “Phase 3” COVID-19 bill, the implementation of a large-scale expansion of the Small Business Administration (“SBA”) Section 7(a) Loan Program appears to have widespread bipartisan support and should pass in some form in the next few days. The existing 7(a) Program currently operates to provide access to capital to small businesses that might not otherwise be eligible for bank loans ...

Waller | January 2021

The U.S. Department of Health and Human Services (HHS) just announced that Provider Relief Fund Program (PRF) recipients will now be required to submit reports regarding their use of these funds later than previously announced. The previous deadline was February 15, 2021. Currently, a specific new timeline was provided, but HHS is encouraging providers to register to receive updates ...

Waller | April 2020

With the promise of low-interest or no-interest loans, and even the possibility of loan forgiveness, small businesses rocked by COVID-19 have recently turned to banks to apply for federally guaranteed funds. These funds are vital to many small businesses in order to help them stabilize their financial health during the widespread economic fallout from the pandemic. They are seeking these funds under the recently enacted CARES Act ...

Waller | April 2020

In order to facilitate lending to mid-sized businesses in the wake of COVID-19, the Fed instituted the Main Street New Loan Facility and the Main Street Expanded Loan Facility to provide financing to lenders that make direct loans to "main street" businesses ...

Waller | October 2020

The Federal Reserve Board (“Fed”) recently issued an Advance Notice of Proposed Rulemaking (ANPR) inviting public comment on an approach to revise and modernize the regulations implementing the Community Reinvestment Act (CRA). Enacted in 1977, the CRA served as a landmark piece of legislation in the wake of the civil rights movement to address systemic inequities that inhibited access to credit markets for low- and moderate-income (LMI) communities and minorities ...

Waller | October 2020

The Federal Deposit Insurance Corporation (“FDIC”) Advisory Committee of State Regulators (“Committee”) recently announced a new technology initiative designed to transition to real-time financial reporting and to modernize the collection of data ...

Waller | April 2020

On April 6, the Food and Drug Administration (FDA) issued five warning letters chastising companies for their unapproved products related to the novel coronavirus disease 2019 (COVID-19). Two days later, the FDA issued another four warning letters for similar reasons. Two of the five warning letters issued on April 6 were issued to companies in connection with their CBD products, and one of the warning letters issued on April 8 was issued to a CBD company as well ...

Waller | October 2018

Late last month,  the U.S. Drug Enforcement Administration (DEA) issued a final order placing FDA-approved drugs that contain cannabidiol (CBD) derived from cannabis and no more than 0.1 percent tetrahydrocannabinols in Schedule V of the Controlled Substances Act of 1970 (CSA). Schedule V of the CSA includes drugs such as Robitussin and Lyrica ...

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 ...

Waller | March 2020

In the midst of the coronavirus outbreak, the Centers for Medicare & Medicaid Services (CMS) has taken steps to make healthcare services more accessible through telehealth, particularly for those who are at high-risk of complications from the virus. CMS and commercial payors have opened a viable path for healthcare providers to continue to provide care to high risk patients and other patients and receive reimbursement for services to current and new patients ...

Waller | March 2020

As of March 19, 2020, the requirement to receive a certificate of need (CON) prior to increasing bed capacity has been temporarily suspended byTennessee Executive Order No. 15(the “Order”) ...

Waller | July 2021

President Joe Biden is issuing an executive order today that aims to increase competition in the U.S. economy ...

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