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- All D|K COVID-19 Guidance
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Information Businesses Need Today to Prepare for a Continually Changing Tomorrow
The impact of the coronavirus (COVID-19) is imparting an unprecedented burden on businesses, municipalities, schools and individuals around the globe. Many retailers are operating in a limited capacity, supply chains are extensively disrupted and impeding manufacturers, and commercial tenants and landlords are at risk due to potential revenue shortfalls. The impact changes daily. While there are many questions arising that are industry-specific, there are also a variety of foundational matters for all entities to review, consider and employ.
Davis|Kuelthau has organized a multidisciplinary team to monitor and address the vast range of litigation, regulatory and transactional challenges faced by companies in the wake of the coronavirus pandemic. We are regularly issuing guidance and have assembled a summary of some of the many local, state and federal resources available to help businesses with their pandemic preparedness and response efforts. Our team will continue to develop, update and share guidance directly as well as via this resource site. Please consider the fluid nature of the situation and that all information shared is thus current as of the date that it was posted. It is important to also consult federal, state, county and city health agency websites regularly.
As always, we are here for you.
Be safe and be well.
All D|K COVID-19 Guidance
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October 16, 2020Wisconsin Employers mark your calendar. As of November 2, 2020, all employers covered by Wisconsin’s Unemployment Insurance (UI) law must provide employees with written notice regarding the availability of UI benefits upon a change in employment status. The new requirement applies when work hours are reduced, layoff, furlough, or separation – temporary or permanent. This...
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Read MoreCOVID-19 Waivers: Can They Reduce Your Business Risk?
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PPP Flexibility Act of 2020 Passes Congress: Covered Period Increased for Up to 24 Weeks Among Other Changes Useful for Some But Not All Borrowers
June 4, 2020By: Lawrence J. Glusman On June 3, 2020, the Senate passed H.R. 7010 (previously passed by the House on May 28, 2020) entitled the Paycheck Protection Program Flexibility Act of 2020 (the “PPPFA”). Once signed into law by the President, the PPPFA will amend the CARES Act in several meaningful ways. The highest profile...
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Webinar | Returning to Work: What will business look like after COVID-19?
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May 26, 2020By: Timothy J. Feldhausen Contracts with customers, vendors, or other parties are a normal part of doing business. Most businesses are party to numerous contracts and although it may seem that contracts are fairly standard documents, the reality is that each individual document is its own legally binding arrangement. The parties to contracts often customize...
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May 21, 2020By: Abby S. Busler The Center for Disease Control (“CDC”) has issued 60 pages of detailed guidance to reopen businesses, health care facilities and providers, schools, transit, and other industries. This guidance also provides information regarding testing and data to assist with exposure and risk concerns for those industries. The following is an overview of...
Read MoreCMS Recommends States Use “Extreme Caution” in Relaxing Nursing Home Restrictions
May 19, 2020By: Alec Dobson The Centers for Medicare & Medicaid Services issued recommendations on May 18 to state and local officials across the country for when nursing homes can relax certain restrictions on visitation, screening, and services related to the COVID-19 pandemic. The recommendations envision moving in three phases. Nursing homes would “reopen” more slowly than...
Read MoreLocal Safer At Home Orders Changed Rapidly After Statewide Order Struck Down; Businesses Encouraged to Review Local Orders Regularly to Ensure Compliance
May 19, 2020By: Sherry D. Coley and Tiffany E. Woelfel After the Wisconsin Supreme Court struck down the statewide Safer At Home order on Wednesday, May 13, 2020, a number of local governments, at the county, city, and village levels, began issuing their own Safer At Home orders. By Wednesday evening, Brown and Dane Counties had issued...
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May 18, 2020By: Christopher J. Jaekels and Ryan M. Spott On Friday, May 15, 2020, the City of Milwaukee Board of Review voted to extend the deadline for filing assessment objections for 3 weeks to Monday, June 8, 2020, at 4:45 p.m. The Board of Review extended the deadline to assist residential property owners, many of whom...
Read MoreSBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions
May 16, 2020By: Lawrence J. Glusman On May 15, 2020, the SBA and the Treasury Department released the long-awaited Paycheck Protection Program (PPP) loan forgiveness application and detailed instructions. They also announced that additional regulations and guidance would soon issue to further assist borrowers as they complete their applications, and to assist lenders with their responsibilities. The...
Read MoreSafer At Home Overruled – Is It Business As Usual? | Business Liability Considerations
May 14, 2020By: Kathy L. Nusslock Part I of Our Business Liability Series on Returning to Work On May 13, 2020, the Wisconsin Supreme Court ruled the Secretary-designee of the Department of Health Services (DHS) failed to follow emergency rule procedures and exceeded her authority when she issued Emergency Order #28, ordering everyone to stay home, closing...
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Webinar | Building Business: Getting Work and Legal Issues During a Pandemic
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Roundtable Discussion: Managing Your Workforce Through Reentry and Beyond
May 14, 2020Association of Corporate Counsel Wisconsin and Davis|Kuelthau collaborated on a Roundtable Discussion: Managing Your Workforce Through Reentry and Beyond on Thursday, May 14th. Davis|Kuelthau attorneys, Laurie E. Meyer, employment law and litigation, and Larry J. Glusman, commercial finance, along with fellow Association of Corporate Counsel Wisconsin members presented an exclusive roundtable addressing the breadth...
Read MoreBusinesses Must Be Aware of Local Safer At Home Orders, Including Those in Brown, Dane, Kenosha, and Rock Counties, Parts of Milwaukee County, and the Cities of Appleton, Madison, Milwaukee, and Racine
May 14, 2020By: Sherry D. Coley and Tiffany E. Woelfel May 15, 2020, 4:00 PM Update This article was originally published the morning of May 14, 2020, and was accurate as of the time of publishing. Since publication, a number of additional counties and local governments have implemented Safer At Home Orders. Additionally, a number of counties...
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SBA Creates New Safe Harbor for PPP Certification Review: Loans Under $2 Million Deemed Certified in Good Faith and Loans Over $2 Million Subject to Possible Loss of Forgiveness (Updated May 14, 2020: New PPP FAQ #47 published)
May 13, 2020By: Lawrence J. Glusman Second Round of May 13, 2020 SBA Updates | New PPP FAQ #47 Published 47. Question: An SBA interim final rule posted on May 8, 2020 provided that any borrower who applied for a PPP loan and repays the loan in full by May 14, 2020 will be deemed by...
Read MoreWebinar | Milwaukee CRE and COVID-19: Strategies for a Shifting World
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Read MoreGovernor Evers “Turns the Dial” to Begin Further Relaxing Restrictions on Businesses Categorized by the State as Non-Essential Retail
May 11, 2020By: Sherry D. Coley and Tiffany E. Woelfel On May 11, 2020, Governor Evers issued Emergency Order #36, which further relaxes restrictions on retail businesses categorized by the State as non-essential. The Order allows for non-essential retail businesses to open their doors to customers for in-person shopping, provided that the entrance into the store be...
Read MoreState Will Disclose Nursing Homes with COVID Cases
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Read MoreBreaking News: SBA Extends PPP Safe Harbor Repayment Deadline to May 14: Promises Additional Guidance on Certification Review
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Read MoreNo Hidden Late Fees: Wisconsin Prohibits Residential Landlords from Charging Fees and Penalties for Late Rent Payment during the COVID-19 Pandemic
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Read MoreCity of Milwaukee Property Tax Notice of Assessment Objection/Appeal Deadline – May 18, 2020
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Read MoreLimited Safe Harbor May 14 Deadline Looms: Did I Misunderstand or Misapply the PPP Borrower Certification?
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Read MorePost COVID-19 Return to Work
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Read MoreWebinar | COVID Era and Beyond: Managing Workforce Liability Under a New Normal
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April 20, 2020By: Michael Van Someren and Joseph E. Tierney IV Real estate funds have been on the rise in recent years for a variety of reasons including deregulation, low interest rates, investors seeking a higher return on investment, and a desire by many investors to invest in tangible assets rather than stocks and bonds. With recent...
Read MoreStrategies for Landlords in Dealing with Tenants in Light of COVID-19
April 20, 2020By: Joseph E. Tierney IV and Michael Van Someren Tenant economic issues due to COVID-19 have been well publicized and programs have been put in place to help tenants. Landlords, on the other hand, feel much of the same pain but that pain has not been well publicized, nor has it been addressed by federal...
Read MoreSpecial Education Considerations in the Virtual Education Setting
April 20, 2020By: Anthony J. Steffek and Abby S. Busler In light of the recent extension of school closures through the end of this school year, this article will review additional guidance from the Department of Public Instruction (DPI) regarding the issue of Free Appropriate Public Education (FAPE) for special education students during virtual learning: School districts...
Read MoreSave Small Business Fund: Provides Grants to the Smallest of Small Businesses, Opens April 20
April 17, 2020By: Sherry D. Coley and Tiffany E. Woelfel The United States Chamber of Commerce Foundation has established the Save Small Business Fund to provide short-term relief to small employers affected by the COVID-19 crisis. The Save Small Business Fund will provide a one-time grant of $5,000 to small businesses to use for business expenses. In...
Read MoreNew State Relief Bill Marks Fundamental Change in Workers’ Compensation Law for “First Responders”
April 16, 2020By: Bruce B. Deadman Some media outlets, commentators and business organizations have expressed concern that as they return employees to work, employers may have potential liability on a variety of fronts. This came true for employers who have “first responders” in an important provision of the coronavirus relief package signed into law by Governor Evers...
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April 16, 2020By: Sherry D. Coley and Tiffany E. Woelfel On April 16, 2020, Governor Evers and the Department of Health Services issued an extension to the Safer At Home Order. Emergency Order #28 will begin on April 24, 2020, and will continue until May 26, 2020, at 8 a.m., unless altered. The extended Order provides new...
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To Keep Your Real Estate Deals Moving, Consider a Pause Provision
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April 14, 2020By: Abby S. Busler The Coronavirus Aid, Relief and Economic Security (CARES) Act includes among its many provisions specific funding sources for Wisconsin school districts. This includes a Governor’s Emergency Education Relief Fund and an Elementary Secondary School Emergency Relief Fund. The CARES Act also created a higher education relief fund, but that is not...
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April 13, 2020By: Alec Dobson The Wisconsin Department of Health Services has established two temporary, emergency programs with relaxed training requirements to help nursing homes increase nurse aide staffing to help meet the increased demands posed by COVID-19. The DHS announcement on April 9 implements Governor Tony Evers’ Emergency Order No. 21, which was issued April 3....
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April 8, 2020By: Bruce B. Deadman Many employers are bedeviled by the question of what payments need to be included under the Fair Labor Standards Act (FLSA) in an hourly employee’s hourly rate for the purpose of determining what their pay rate should be for overtime (hours worked over 40 in a workweek). This is often referred...
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April 8, 2020By: Abby S. Busler, Laurie E. Meyer, and James M. Kalny On April 1, 2020, the Department of Labor (DOL) issued its interim regulations in connection with the Families First Coronavirus Response Act (FFCRA), as title 29 of the Code of Federal Regulations part 826. The regulations are preceded by 82 pages of guidance. The...
Read MoreCOVID-19 Era Environmental Compliance
April 8, 2020By: Ted A. Warpinski and M. Andrew Skwierawski On March 26, 2020, the United States Environmental Protection Agency (USEPA) issued guidance on how it intends to handle environmental compliance obligations that may be impacted by the COVID-19 Pandemic. A link to our update on that guidance can be found here. At that time, we expected that...
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Webinar Replay: Understanding the CARES Act — Presented by BizTimes Media
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Read MoreThe United States Patent and Trademark Office Finally Weighs in on the CARES Act Allowing Waiver of Patent-Related and Trademark-Related Timing Deadlines
April 1, 2020By: Joseph S. Heino and Erin E. Kaprelian The United States Patent and Trademark Office (USPTO) announced a temporary waiver of certain timing deadlines in view of the current COVID-19 outbreak. Section 12004(a) of the CARES Act provides the USPTO with the ability to toll, waive, adjust, or modify any deadline under the America Invents...
Read MoreIRS Issues Strict Rules and Documentation Requirements for Required Paid Leave Credit, Launches Employee Retention Credit
April 1, 2020By: Bruce B. Deadman and Laurie E. Meyer Yesterday the IRS took two actions which have an immediate impact on employers regarding what documentation they must keep in order to get a refundable tax credit for their employees’ paid leave under the Families First Coronavirus Response Act (FFCRA), and how businesses may qualify for a...
Read MoreThe “Small Business Exemption” to the Families First Coronavirus Response Act (FFCRA): Who Qualifies? And What is the Exemption?
April 1, 2020By: Laurie E. Meyer Many employers are aware that when Congress initially passed the FFCRA, it allowed the Secretary of the Department of Labor (DOL) to issue later rules exempting employers with fewer than 50 employees (“small business”) from its requirements if compliance would jeopardize “the viability of the employer’s business as a going concern.”...
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Webinar Replay – Paycheck Protection Program: Factors for Considering a Loan
March 31, 2020*Please scroll to the bottom of the page to view the webinar replay and to access the PowerPoint presentation. Business leaders, interested in what many are referring to as “free money”? Davis|Kuelthau hosted a complimentary webinar for Wisconsin businesses — borrowers and lenders — navigating the emergency loans recently made available through the Coronavirus Aid,...
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Webinar Replay: On the First Day of FFCRA a Lawyer Gave to Me… Navigating Municipal Hurdles in the #SaferAtHome Era
March 31, 2020The impact of COVID-19 is imparting an unprecedented burden on municipalities across Wisconsin. Breaking news is the new constant, leaving elected officials and administrators buried in pending urgent decisions amidst a sea of uncertainty. Davis|Kuelthau is dedicated to helping each of you through these challenging times. Members of our Municipal Team, James M. Kalny, Anthony (Tony) Steffek and Abby Busler held a live...
Read MoreEPA Issues Guidance on Enforcement Discretion During COVID-19 Pandemic
March 30, 2020By: Ted A. Warpinski and M. Andrew Skwierawski On March 26, 2020, EPA issued the policy document entitled “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program.” The policy document addresses situations where compliance with environmental obligations may not be “reasonably practicable” due to COVID-19. The policy is retroactive to March 13, 2020. Regulated entities...
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Governor Evers Orders Suspension of Evictions and Foreclosures for 60 Days During COVID-19 Crisis
March 30, 2020By: Sherry D. Coley and Tiffany E. Woelfel On March 27, 2020, Governor Evers issued Emergency Order #15, which temporarily bans evections and foreclosure actions over the next 60 days. Landlords and financial institutions must take note of the various restrictions imposed by Emergency Order #15. Provisions Affecting Landlords First, a landlord’s ability to serve...
Read MoreUpdates Regarding Families First Coronavirus Response Act Date Change
March 30, 2020By: Abby S. Busler Recently, the Department of Labor (DOL) began issuing guidance and posters regarding the upcoming Families First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act (EFMLA). Most importantly, the initial start date has changed, and the FFCRA begins on...
Read MoreCARES Act Includes Financial Support for Nursing Homes
March 27, 2020By: Alec Dobson The $2 trillion CARES Act, passed by the House on Friday and promptly signed into law by President Trump, provides $200 million for nursing homes for infection control and $100 billion for grants to a broad range of health care providers. The Centers for Medicare and Medicaid Services will receive $200 million...
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Webinar Replay: Managing Your Workforce in the #SaferAtHome Era
March 27, 2020Davis|Kuelthau hosted a complimentary webinar on Monday, March 30th for all Wisconsin businesses navigating the myriad employment hurdles stemming from the COVID-19 pandemic and the Essential Business mandates across Wisconsin. D|K Employment Law Attorneys, Laurie Meyer and Anthony Steffek, held a Q&A forum addressing topics such as: Telework Furloughs Layoffs FFCRA applicability for leave What employers can ask of...
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Webinar Replay: Managing Education in the #SaferAtHome Era: K-12 Guidance for Administrators
March 27, 2020The impact of COVID-19 is imparting an unprecedented burden on educators across Wisconsin. Breaking news is the new constant, leaving board members, superintendents and other administrators buried in pending urgent decisions amidst a sea of uncertainty. Davis|Kuelthau is dedicated to helping each of you through these challenging times. Members of our School Team, Robert (Bob) Burns, Anthony (Tony)...
Read More$2 Trillion Stimulus CARES Act – Educational and Labor Impacts
March 26, 2020By: Abby S. Busler While the majority of provisions in the CARES Act address loans and stimulus plans for individuals and businesses, the CARES Act also enacts additional legislation directly impacting schools and amends the Families First Coronavirus Response Act (FFCRA). The Act sets forth approximately $13.5 billion dollars through formula grants to States to...
Read MoreFAPE During a Pandemic, What Does it Mean?
March 26, 2020By: Abby S. Busler School Districts across the state are experiencing an upheaval of all that is normal and forced to react and adapt to the “new” normal. On March 24, 2020, Governor Evers set forth Emergency Order #12, issuing a Stay At Home order. That order specifically directed that schools will not be open...
Read MoreCoronavirus Aid, Relief, and Economic Security Act (CARES): Title IV – Assistance to Severely Distressed Sectors of the United States Economy
March 26, 2020By: Ryan M. Spott, Danielle S. Fadel and Kathy L. Nusslock On March 25, 2020, the United States Senate approved the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”), a $2 trillion stimulus deal that aims to provide emergency assistance and health care response for individuals, families and businesses affected by the 2020...
Read MoreCARES Act: Historic Senate Legislation to Provide Individuals with Personal Tax Rebates Among Other Tax Advantages (Updated March 27, 2020)
March 26, 2020By: Ann M. Rieger On Friday, March 27th, the House of Representative approved the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The Act, which is designed to provide economic relief as the United States adapts to the outbreak of COVID-19, had previously been approved by the Senate in the late hours of March...
Read MoreClaiming Tax Credits For Paid Leave Under The Emergency Family And Medical Leave Act And The Emergency Paid Sick Leave Act
March 26, 2020By: Mark G. Kmiecik and James M. Kalny The Families First Coronavirus Response Act (“Act”) provides two new refundable payroll tax credits (“tax credits”) for employers providing paid emergency sick leave or paid FMLA, including tax relief for self-employed individuals. As written, however, the Act is not practical as to these tax credits, since an...
Read MoreCARES Act: Robust Tax Benefits for Businesses
March 26, 2020By: Gini L. Hendrickson and Mark G. Kmiecik Near the midnight hour on March 25, 2020, the U.S. Senate unanimously passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) which includes numerous robust tax benefits to businesses in its $2 trillion aid package designed to assist the economy as it endures the effects...
Read MoreCARES Act Passed Providing Forgivable Loans to Maintain Business Continuity in Trying Times (Updated March 27, 2020)
March 26, 2020By: Michael Van Someren and Lawrence J. Glusman The “Coronavirus Aid, Relief, and Economic Security Act” or “CARES Act” was signed into law by the president on March 27, 2020. The CARES Act has a number of provisions meant to allow employers to receive forgivable loans to pay business expenses and permit them to maintain...
Read MoreOld Fashioned to Go? Alcohol Beverages May Be Ordered on a Carry-Out Basis During the COVID-19 Pandemic
March 26, 2020By: Brian C. Randall and Danielle S. Fadel On March 17, 2020, Governor Evers issued Emergency Order #5 to restrict mass gatherings of 10 or more people (as described in this article New Limits on Gatherings and Private Businesses in Wisconsin), which included a mandate that restaurants only offer take-out or delivery services as no...
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Anticipatory Breach of Contracts May Become More Common in a Time of Uncertainty
March 25, 2020By: Timothy J. Feldhausen The term “anticipatory breach” or “anticipatory repudiation” does not come up very often outside of the courtroom, but in this time of COVID-19 and disrupted supply chains around the world, it deserves a closer look. Anticipatory breach occurs when a party to a contract demonstrates, either through its words or its...
Read MoreGuidance for Businesses Resolving Multiple “Shelter in Place” Orders and Differing Definitions of “Essential Business”
March 25, 2020By: Sherry D. Coley and Tiffany E. Woelfel Although California was the first state to issue a “shelter in place” order on March 19, 2020, it quickly became clear that it would not be the last. Since the 19th, approximately 21 states have issued similar orders as they combat the COVID-19 outbreak and try to...
Read MoreSEC Emphasizes Anti-Fraud Protections During COVID-19 Pandemic
March 25, 2020By: Timothy J. Feldhausen On March 23, 2020, the co-directors of the Division of Enforcement of the U.S. Securities and Exchange Commission (SEC) issued a statement regarding market integrity during the COVID-19 pandemic[1]. Specifically, the statement serves to remind public companies of their obligations to maintain disclosure controls and procedures regarding material nonpublic information. The...
Read MoreCommunity Organizations Create Fund to Offer Grants to Support Northeast Wisconsin Non-Profits Impacted by COVID-19
March 25, 2020By: Sherry D. Coley and Tiffany E. Woelfel While everyone is feeling the impact of COVID-19, community non-profits and schools are rallying to provide relief and services—such as food—to those in need, while also being impacted by decreased funds and fewer volunteers. Now, community organizations across Northeast Wisconsin are stepping up to provide support to...
Read MoreCOVID-19 Student Loan Impact and COVID-19 Free Testing
March 25, 2020By: Abby S. Busler (1) COVID-19 Student Loan Impact As many Americans throughout the country participate in self-quarantine, mortgage and rent payments, heat and electricity payments and student loans continue to weigh heavily on smaller paychecks. In response to many citizens working a reduced schedule or temporarily losing employment, during this time of uncertainty state...
Read MoreStay-At-Home and Safer At Home Orders Impose Restrictions on Residential Landlords and Rental Property Managers
March 24, 2020By: Daniel A. Kaminsky On March 23, 2020, the City of Milwaukee Health Department published the Order of the City of Milwaukee Commissioner of Health Imposing A City-Wide “Stay-At-Home” Requirement To Mitigate The Spread of COVID-19 (the “City of Milwaukee Order”)[1]. On March 24, 2020, the State of Wisconsin Department of Health Services published Emergency...
Read MoreAre You an “Essential Business” in Wisconsin Under the Safer At Home Order?
March 24, 2020By: Mark G. Kmiecik, Abby S. Busler and Ryan M. Spott The State of Wisconsin has joined several other states in shutting down all nonessential businesses with its newly issued Safer At Home Order, which is effective at 8:00 a.m on Wednesday, March 25, 2020, and will remain in effect until 8:00 a.m on Friday,...
Read MoreLandlords and Lenders Encouraged to Consider Creative Options (Updated March 27, 2020)
March 24, 2020By: Sherry D. Coley and Tiffany E. Woelfel As more tenants, both residential and commercial, face financial difficulties during the COVID-19 crisis, landlords should try to work with tenants and consider creative options since traditional remedies, such as evictions, are unavailable and may remain so for some time. On March 18, 2020, Milwaukee Circuit Court...
Read MoreGovernor Evers Announces Order Allowing Only Essential Businesses to Remain Open; Designations for Wisconsin Are Pending
March 23, 2020By: Abby S. Busler On March 23, 2020, Governor Evers announced his plan to issue a #SaferAtHome order. This order will allow only “essential businesses” to remain open, encouraging social distancing and requesting that Wisconsinites stay at home. At Governor Evers’ 1:30 p.m. press conference, he announced the detailed order will be issued on Tuesday,...
Read MorePractical Technology Considerations for Employers Implementing Work at Home
March 23, 2020By: Katherine M. Hampel and M. Andrew Skwierawski As businesses have moved to largely remote operations in response to COVID-19, employers are at an increased risk for exposure of sensitive information and are more susceptible to cyber threats than in traditional office settings. While the potential health effects of the virus were known ahead of...
Read MoreGuidance to Manufacturers in Managing Operations during the COVID-19 Crisis
March 23, 2020By: Sherry D. Coley and Tiffany E. Woelfel As the COVID-19 crisis continues for the foreseeable future, manufacturers will become the life-line of our country for two reasons. First, manufacturers will be relied upon to produce much needed supplies, both medical and home-essential supplies. Second, manufacturers will be critical to keeping the supply chains from...
Read MoreEmployer Guidance: Preparing for a Positive COVID-19 Test Among Employees
March 23, 2020By: Abby S. Busler As the pandemic escalates, businesses are adapting and reacting to the changing times. It is likely that employers will have employees test positive with COVID-19 within the next few weeks and months. The positive tests will create employee absenteeism, changes in patterns of commerce and potential interruptions of supply/delivery. Many of...
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Proceed, Pause or Be Damned? Immediate Construction Contract Considerations for Owners and Contractors
March 20, 2020By: Matthew R. McClean COVID-19 is causing many of us to alter expectations. Many in the construction industry are confronting this reality and need to prepare for the potential legal implications. Construction businesses are looking at three significant, interrelated issues from virus’ impact: labor (having healthy, able workers available in the time of social distancing...
Read MoreEmergency Use of Remote Online Notarization
March 20, 2020By: Joseph E. Tierney IV Update: The Department of Financial Institutions (DFI) issued emergency guidance on remote notarizations last week. Such emergency guidance referenced certain types of estate planning documents and included citations to state statutes addressing certain types of estate planning documents. The Department has reconsidered its initial guidance and, as of March 20,...
Read MoreBorrowers Under SBA 504 and SBA 7(a) Loan Programs Eligible for Deferral of Principal, Interest and Fees for up to Six Months
March 20, 2020By: Lawrence J. Glusman and Michael Van Someren To address temporary business interruptions, U.S. Small Business Administration (SBA) lenders nationwide have authority to defer payments of principal, interest and servicing fees for up to six months. Borrowers with existing loans under the SBA 504 Loan (Certified Development Company) program and the SBA 7(a) Loan Guarantee...
Read MoreEmployer Relief May Be in Sight – Senate Bill Includes Forgivable Loans to Maintain Payroll for Next Four Months
March 20, 2020By: Michael Van Someren and Lawrence J. Glusman The Senate is currently considering a bill that could greatly increase the ability of employers to retain their employees. The Coronavirus Aid, Relief, and Economic Security Act or “CARES Act” is currently being considered by the U.S. Senate. While it has not yet passed and includes a...
Read MoreCOVID-19 and Contract Enforceability
March 20, 2020By: Daniel A. Kaminsky In the coming days, weeks, and months, it is likely that we will see failures to perform under contracts that are related to COVID-19 (e.g., failures to perform arising out of the ongoing temporary closures of businesses and institutions across the State of Wisconsin, the United States of America, and globally). ...
Read MoreHealthcare Providers May Now Use Apple FaceTime, Facebook Messenger Video Chat, Google Hangouts Video and Skype to Provide Telehealth to Patients During COVID-19 Public Emergency
March 19, 2020By: Mark G. Kmiecik On March 18, 2020, the HHS Office for Civil Rights (“OCR”) announced that covered healthcare providers (“providers”) may now use Apple FaceTime, Facebook Messenger video chat, Google Hangouts video, and Skype to provide telehealth to patients during the COVID-19 nationwide public health emergency without fear or the risk that OCR might...
Read MoreDFI Licensed Lenders and Payday Lenders Should Be Cautious During COVID-19 Crisis
March 19, 2020By: Sherry D. Coley and Tiffany E. Woelfel On March 18, 2020, the Wisconsin Department of Financial Institutions (“DFI”) issued emergency guidance to licensed lenders and payday lenders cautioning them from increasing customary interest rates, fees, or any costs of borrowing in response to the COVID-19 crisis. DFI explicitly warned that increases will be monitored...
Read MorePresident Trump Signs Relief Package for Employers: Families First Coronavirus Response Act
March 19, 2020By: Abby S. Busler, Gini L. Hendrickson and Laurie E. Meyer Late last night, President Trump signed the Families First Coronavirus Response Act (FFCRA), an emergency relief package designed to assist employers and employees in the wake of the 2019 coronavirus pandemic (COVID-19). This signature is on the heels of the Senate which voted to...
Read MoreSchool District COVID-19 Update and Resources
March 19, 2020By: Robert W. Burns and Abby S. Busler The current COVID-19 health emergency has confronted school districts with a wide variety of serious challenges. The purpose of this article is to compile useful information pertaining to several key recurring topics and serve as a reference tool. Italicized items are excerpts from the source documents linked...
Read MoreWisconsin Acts to Secure State and Federal Assistance for Small Businesses Affected by COVID-19
March 18, 2020By: Sherry D. Coley and Tiffany E. Woelfel Federal Small Business Administration Economic Injury Disaster Loans On March 18, 2020, Governor Evers requested that the Administrator of the U.S. Small Business Administration (“SBA”) declare COVID-19 a disaster for Wisconsin. Once the SBA declares Wisconsin a disaster area, it will allow Wisconsin small businesses in all...
Read MoreTelework, Shortened Work Schedules, Layoffs, and Worksite Closures: Handling Employment Interruptions in the Age of COVID-19
March 18, 2020By: Laurie E. Meyer and Abby S. Busler Virtually all employers are grappling with employment-related questions given the novel coronavirus (COVID-19) pandemic. Many employers are investigating or already implementing telework options. Unfortunately, many employers are being forced to consider furloughing employees (by reducing their days, hours, or shifts) or laying them off, whether temporarily or...
Read MoreDue Date for Payment of Certain Taxes Due April 15, 2020 Postponed to July 15, 2020 Pursuant to IRS Notice 2020-17
March 18, 2020By: Mark G. Kmiecik The Treasury Department issued guidance on March 18, 2020, certain taxpayers to delay payment of income taxes for 90 days. This relief was first described by a Treasury Secretary Mnuchin in a March 17, 2020, press conference. IRS Notice 2020-17 entitled “Relief for Taxpayers Affected by Ongoing Coronavirus Disease 2019″ provides...
Read MoreBusiness Interruption Insurance for COVID-19
March 18, 2020By: Brian J. Pfeil The restrictions put in place to halt the spread of COVID-19 – such as limiting crowd size, closing restaurants and taverns, and shuttering of professional sports leagues – are critically stressing many of your businesses. One possible form of relief to the financial stress is insurance coverage, including business interruption and...
Read MoreNew Limits on Gatherings and Private Businesses in Wisconsin
March 17, 2020By: Sherry D. Coley and Tiffany E. Woelfel Executive Order #5 This afternoon, Governor Evers and Secretary Palm of the Department of Health Services issued Emergency Order #5 (“EO #5”) in a further attempt to restrict the spread of COVID-19. EO #5 restricts mass gatherings of 10 or more people and will substantially impact businesses...
Read MoreCOVID-19 Impact: Considerations for Business Shutdown Preparation
March 17, 2020By: Ryan M. Spott and Joseph E. Tierney IV As the impact of the COVID-19 pandemic continues to heighten, many business owners are faced with making the extremely difficult decision to close their doors in an effort to help reduce the spread of coronavirus. Such decisions can trigger wage and hour factors, supply chain ripple...
Read MoreSecretary Azar Waives Certain HIPAA Sanctions and Penalties Against Covered Hospitals
March 17, 2020By: Mark G. Kmiecik Effective March 15, 2020, Secretary of the U.S. Department of Health and Human Services, Alex M. Azar, exercised the emergency authority granted to him under Section 1 of the Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak (the “COVID-19 National Emergency Declaration”) to waive sanctions and...
Read MoreCoronavirus Challenges for Commercial Landlords
March 17, 2020By: Ethan C. Geis and Mike T. Van Someren The COVID-19 virus is having negative effects on many aspects of life in the world, not least including economics close to home. Unfortunately, commercial real estate and capital markets are not immune to these effects. In light of the modern real estate investment, which almost always...
Read MoreCOVID-19 Closes K-12 Public and Private Schools – Employers Must Adapt
March 13, 2020By: Abby S. Busler On March 13, 2020, just before 5:00pm Governor Evers issued an agency order mandating the closure of all K-12 Wisconsin schools both public and private, as part of efforts to respond to and contain the spread of COVID-19 in Wisconsin. This decision has a widespread impact on Wisconsin’s workforce and its...
Read MoreSupporting Local Businesses During the COVID-19 (Coronavirus) Outbreak
March 13, 2020By: Alexander T. Kay Small businesses are essential to the vitality of our local economy and community. It is important that we support the small businesses in our community during the COVID-19 (Coronavirus) outbreak. COVID-19 continues to spread globally even with individuals, businesses, and governments undertaking reasonable precautions. The magnitude of COVID-19’s impact on the...
Read MoreImpact of COVID-19 on Supply Chain Contracts and Responding to Force Majeure Claims
March 12, 2020By: Joseph E. Tierney IV Has COVID-19, the coronavirus, caused supply chain problems for your business? Review your contracts for a “force majeure” clause. A force majeure clause is a common provision in contracts. It is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of...
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DHS and DPI Issued Guidance for School Districts Preparing for the Coronavirus
March 11, 2020By: Abby S. Busler Note: Perspectives shared are limited to the factors present as of the date of the article and thus may no longer be relevant due to the fluid nature of the pandemic’s impact. Please check with your Davis|Kuelthau attorney or the author for the most current perspectives. It is important to regularly...
Read MoreCMS Suspends Nursing Home Inspections, Offers Guidance in Wake of Coronavirus
March 6, 2020By: Alec Dobson The Centers for Medicare & Medicaid Services (CMS) is suspending non-emergency inspections of nursing homes so inspectors can focus on the spread of the coronavirus (COVID-19). CMS also announced guidance for controlling COVID-19 in nursing homes. CMS announced March 4 that, effective immediately, it will conduct only the following survey inspections, in...
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Commercial Finance
SBA Issues “Change of Ownership” Procedures for PPP Borrowers: M&A Transactions Must Now Be Reviewed for Compliance
October 7, 2020On October 2, 2020, the Small Business Administration (SBA) issued a procedural notice regarding changes of ownership of an entity that has received Paycheck Protection Program (PPP) funds. The notice does three main things – defines when a “change of ownership” is deemed to have occurred, details when and how lenders may unilaterally approve an...
Read MoreLiability Waivers Are Far From Bulletproof
July 20, 2020By: Thomas V. Rohan Over the last three months, Davis|Kuelthau has been asked to prepare many liability waivers (“exculpatory clauses”) to be signed by their customers in order to insulate the clients from damage claims relating to potential exposure to the COVID-19 virus. That assignment may seem simple enough, but, in fact, there are a...
Read MoreSBA Releases Revised and EZ Forms For PPP Loan Forgiveness Application: What’s New, What Changed and What Stayed the Same
June 18, 2020By: Lawrence J. Glusman On June 16, 2020, the SBA released a revised PPP loan forgiveness application form and instructions, along with a brand new “EZ” version and instructions. The forms implement provisions of the recent PPP Flexibility Act of 2020 (signed into law on June 5, 2020) and address criticism that the original forgiveness...
Read MoreWebinar | PPP Flexibility Act of 2020: What Are Your Options Now?
June 11, 2020Click here to view the Webinar On-Demand. Click here to access the PowerPoint Presentation. You’ve heard about the new PPP Flexibility Act of 2020, but what does it mean for your business? The Act may be relatively straightforward, but for many the decision process is not. Options have been expanded since you applied for the loan back in...
Read MorePPP Flexibility Act of 2020 Passes Congress: Covered Period Increased for Up to 24 Weeks Among Other Changes Useful for Some But Not All Borrowers
June 4, 2020By: Lawrence J. Glusman On June 3, 2020, the Senate passed H.R. 7010 (previously passed by the House on May 28, 2020) entitled the Paycheck Protection Program Flexibility Act of 2020 (the “PPPFA”). Once signed into law by the President, the PPPFA will amend the CARES Act in several meaningful ways. The highest profile...
Read MoreSBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions
May 16, 2020By: Lawrence J. Glusman On May 15, 2020, the SBA and the Treasury Department released the long-awaited Paycheck Protection Program (PPP) loan forgiveness application and detailed instructions. They also announced that additional regulations and guidance would soon issue to further assist borrowers as they complete their applications, and to assist lenders with their responsibilities. The...
Read MoreRoundtable Discussion: Managing Your Workforce Through Reentry and Beyond
May 14, 2020Association of Corporate Counsel Wisconsin and Davis|Kuelthau collaborated on a Roundtable Discussion: Managing Your Workforce Through Reentry and Beyond on Thursday, May 14th. Davis|Kuelthau attorneys, Laurie E. Meyer, employment law and litigation, and Larry J. Glusman, commercial finance, along with fellow Association of Corporate Counsel Wisconsin members presented an exclusive roundtable addressing the breadth...
Read MoreSBA Creates New Safe Harbor for PPP Certification Review: Loans Under $2 Million Deemed Certified in Good Faith and Loans Over $2 Million Subject to Possible Loss of Forgiveness (Updated May 14, 2020: New PPP FAQ #47 published)
May 13, 2020By: Lawrence J. Glusman Second Round of May 13, 2020 SBA Updates | New PPP FAQ #47 Published 47. Question: An SBA interim final rule posted on May 8, 2020 provided that any borrower who applied for a PPP loan and repays the loan in full by May 14, 2020 will be deemed by...
Read MoreBreaking News: SBA Extends PPP Safe Harbor Repayment Deadline to May 14: Promises Additional Guidance on Certification Review
May 5, 2020By: Lawrence J. Glusman The SBA just issued a brand new FAQ, #43, which grants an automatic 1-week extension to the PPP loan repayment safe harbor until May 14. Borrowers do not need to formally request the extension. The SBA will implement it through a revision to the Interim Final Rule which created the safe...
Read MoreLimited Safe Harbor May 14 Deadline Looms: Did I Misunderstand or Misapply the PPP Borrower Certification?
May 5, 2020By: Lawrence J. Glusman These days you can’t have a conversation with a business owner without mentioning the Paycheck Protection Program. It’s like the weather. Everybody knows something about it, but nobody knows everything about it. Not even the government. As businesses and their lawyers, accountants and bankers collectively await guidance from the Treasury on...
Read MoreSave Small Business Fund: Provides Grants to the Smallest of Small Businesses, Opens April 20
April 17, 2020By: Sherry D. Coley and Tiffany E. Woelfel The United States Chamber of Commerce Foundation has established the Save Small Business Fund to provide short-term relief to small employers affected by the COVID-19 crisis. The Save Small Business Fund will provide a one-time grant of $5,000 to small businesses to use for business expenses. In...
Read MoreWebinar Replay: Understanding the CARES Act — Presented by BizTimes Media
April 6, 2020Please scroll to the bottom of the page to view the webinar replay and access the presentation materials. The federal government’s $2 trillion economic stimulus bill can help your company survive. But you have to understand NOW what’s in it for you and how to apply for funds. This bill is a game changer for...
Read MoreWebinar Replay – Paycheck Protection Program: Factors for Considering a Loan
March 31, 2020*Please scroll to the bottom of the page to view the webinar replay and to access the PowerPoint presentation. Business leaders, interested in what many are referring to as “free money”? Davis|Kuelthau hosted a complimentary webinar for Wisconsin businesses — borrowers and lenders — navigating the emergency loans recently made available through the Coronavirus Aid,...
Read MoreCoronavirus Aid, Relief, and Economic Security Act (CARES): Title IV – Assistance to Severely Distressed Sectors of the United States Economy
March 26, 2020By: Ryan M. Spott, Danielle S. Fadel and Kathy L. Nusslock On March 25, 2020, the United States Senate approved the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”), a $2 trillion stimulus deal that aims to provide emergency assistance and health care response for individuals, families and businesses affected by the 2020...
Read MoreSEC Emphasizes Anti-Fraud Protections During COVID-19 Pandemic
March 25, 2020By: Timothy J. Feldhausen On March 23, 2020, the co-directors of the Division of Enforcement of the U.S. Securities and Exchange Commission (SEC) issued a statement regarding market integrity during the COVID-19 pandemic[1]. Specifically, the statement serves to remind public companies of their obligations to maintain disclosure controls and procedures regarding material nonpublic information. The...
Read MoreBorrowers Under SBA 504 and SBA 7(a) Loan Programs Eligible for Deferral of Principal, Interest and Fees for up to Six Months
March 20, 2020By: Lawrence J. Glusman and Michael Van Someren To address temporary business interruptions, U.S. Small Business Administration (SBA) lenders nationwide have authority to defer payments of principal, interest and servicing fees for up to six months. Borrowers with existing loans under the SBA 504 Loan (Certified Development Company) program and the SBA 7(a) Loan Guarantee...
Read MoreEmployer Relief May Be in Sight – Senate Bill Includes Forgivable Loans to Maintain Payroll for Next Four Months
March 20, 2020By: Michael Van Someren and Lawrence J. Glusman The Senate is currently considering a bill that could greatly increase the ability of employers to retain their employees. The Coronavirus Aid, Relief, and Economic Security Act or “CARES Act” is currently being considered by the U.S. Senate. While it has not yet passed and includes a...
Read MoreDFI Licensed Lenders and Payday Lenders Should Be Cautious During COVID-19 Crisis
March 19, 2020By: Sherry D. Coley and Tiffany E. Woelfel On March 18, 2020, the Wisconsin Department of Financial Institutions (“DFI”) issued emergency guidance to licensed lenders and payday lenders cautioning them from increasing customary interest rates, fees, or any costs of borrowing in response to the COVID-19 crisis. DFI explicitly warned that increases will be monitored...
Read MoreWisconsin Acts to Secure State and Federal Assistance for Small Businesses Affected by COVID-19
March 18, 2020By: Sherry D. Coley and Tiffany E. Woelfel Federal Small Business Administration Economic Injury Disaster Loans On March 18, 2020, Governor Evers requested that the Administrator of the U.S. Small Business Administration (“SBA”) declare COVID-19 a disaster for Wisconsin. Once the SBA declares Wisconsin a disaster area, it will allow Wisconsin small businesses in all...
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Commercial Real Estate
COVID-19 Waivers: Can They Reduce Your Business Risk?
June 18, 2020By: Lisa Kleiner Wood and Ethan C. Geis As states begin to reopen and loosen restrictions on public gatherings and business closures in response to the COVID-19 pandemic, business managers, event coordinators, and property owners are seeking to get back to a semblance of normalcy. However, at least in the near term, it appears that...
Read MoreCity of Milwaukee Board of Review Extends Property Tax Notice of Assessment Objection/Appeal Deadline to June 8, 2020
May 18, 2020By: Christopher J. Jaekels and Ryan M. Spott On Friday, May 15, 2020, the City of Milwaukee Board of Review voted to extend the deadline for filing assessment objections for 3 weeks to Monday, June 8, 2020, at 4:45 p.m. The Board of Review extended the deadline to assist residential property owners, many of whom...
Read MoreSafer At Home Overruled – Is It Business As Usual? | Business Liability Considerations
May 14, 2020By: Kathy L. Nusslock Part I of Our Business Liability Series on Returning to Work On May 13, 2020, the Wisconsin Supreme Court ruled the Secretary-designee of the Department of Health Services (DHS) failed to follow emergency rule procedures and exceeded her authority when she issued Emergency Order #28, ordering everyone to stay home, closing...
Read MoreWebinar | Milwaukee CRE and COVID-19: Strategies for a Shifting World
May 12, 2020RE Journals and the panel of experts held a complimentary webinar addressing topics including: What can Tenants & Landlords expect in a post COVID-19 “new normal” environment? Which commercial sectors are best poised to re-emerge post-crisis? How quickly can we expect commercial real estate to recover once life returns to normal? What strategies...
Read MoreNo Hidden Late Fees: Wisconsin Prohibits Residential Landlords from Charging Fees and Penalties for Late Rent Payment during the COVID-19 Pandemic
May 5, 2020By: Blake A. Nold and Michael T. Van Someren The coronavirus pandemic has led to the vast majority of states across America issuing orders affecting the rights of landlords, tenants, and financial institutions. Here in Wisconsin, Governor Evers issued Emergency Order #15, placing a temporary ban on eviction actions from March 27, 2020 through May...
Read MoreCity of Milwaukee Property Tax Notice of Assessment Objection/Appeal Deadline – May 18, 2020
May 5, 2020By: Christopher J. Jaekels and Ryan M. Spott On Friday, May 15, 2020, the City of Milwaukee Board of Review voted to extend the deadline for filing assessment objections for 3 weeks to Monday, June 8, 2020, at 4:45 p.m. For more details, see our May 18 article, City of Milwaukee Board of Review Extends...
Read MoreThe Rise of Real Estate Funds – How Real Estate Investors Can Efficiently Raise Capital to Facilitate Development and Acquisitions
April 20, 2020By: Michael Van Someren and Joseph E. Tierney IV Real estate funds have been on the rise in recent years for a variety of reasons including deregulation, low interest rates, investors seeking a higher return on investment, and a desire by many investors to invest in tangible assets rather than stocks and bonds. With recent...
Read MoreStrategies for Landlords in Dealing with Tenants in Light of COVID-19
April 20, 2020By: Joseph E. Tierney IV and Michael Van Someren Tenant economic issues due to COVID-19 have been well publicized and programs have been put in place to help tenants. Landlords, on the other hand, feel much of the same pain but that pain has not been well publicized, nor has it been addressed by federal...
Read MoreTo Keep Your Real Estate Deals Moving, Consider a Pause Provision
April 16, 2020By: Robert W. Habich and Ethan C. Geis Within less than a month, the outbreak of COVID-19, and government countermeasures deployed to blunt its effect, has brought a vibrant economy grinding to a halt. In particular, what was a lively commercial real estate market buttressed by strong economic fundamentals, only weeks ago, is beginning to...
Read MoreGovernor Evers Orders Suspension of Evictions and Foreclosures for 60 Days During COVID-19 Crisis
March 30, 2020By: Sherry D. Coley and Tiffany E. Woelfel On March 27, 2020, Governor Evers issued Emergency Order #15, which temporarily bans evections and foreclosure actions over the next 60 days. Landlords and financial institutions must take note of the various restrictions imposed by Emergency Order #15. Provisions Affecting Landlords First, a landlord’s ability to serve...
Read MoreAnticipatory Breach of Contracts May Become More Common in a Time of Uncertainty
March 25, 2020By: Timothy J. Feldhausen The term “anticipatory breach” or “anticipatory repudiation” does not come up very often outside of the courtroom, but in this time of COVID-19 and disrupted supply chains around the world, it deserves a closer look. Anticipatory breach occurs when a party to a contract demonstrates, either through its words or its...
Read MoreStay-At-Home and Safer At Home Orders Impose Restrictions on Residential Landlords and Rental Property Managers
March 24, 2020By: Daniel A. Kaminsky On March 23, 2020, the City of Milwaukee Health Department published the Order of the City of Milwaukee Commissioner of Health Imposing A City-Wide “Stay-At-Home” Requirement To Mitigate The Spread of COVID-19 (the “City of Milwaukee Order”)[1]. On March 24, 2020, the State of Wisconsin Department of Health Services published Emergency...
Read MoreLandlords and Lenders Encouraged to Consider Creative Options (Updated March 27, 2020)
March 24, 2020By: Sherry D. Coley and Tiffany E. Woelfel As more tenants, both residential and commercial, face financial difficulties during the COVID-19 crisis, landlords should try to work with tenants and consider creative options since traditional remedies, such as evictions, are unavailable and may remain so for some time. On March 18, 2020, Milwaukee Circuit Court...
Read MoreEmergency Use of Remote Online Notarization
March 20, 2020By: Joseph E. Tierney IV Update: The Department of Financial Institutions (DFI) issued emergency guidance on remote notarizations last week. Such emergency guidance referenced certain types of estate planning documents and included citations to state statutes addressing certain types of estate planning documents. The Department has reconsidered its initial guidance and, as of March 20,...
Read MoreCOVID-19 and Contract Enforceability
March 20, 2020By: Daniel A. Kaminsky In the coming days, weeks, and months, it is likely that we will see failures to perform under contracts that are related to COVID-19 (e.g., failures to perform arising out of the ongoing temporary closures of businesses and institutions across the State of Wisconsin, the United States of America, and globally). ...
Read MoreCoronavirus Challenges for Commercial Landlords
March 17, 2020By: Ethan C. Geis and Mike T. Van Someren The COVID-19 virus is having negative effects on many aspects of life in the world, not least including economics close to home. Unfortunately, commercial real estate and capital markets are not immune to these effects. In light of the modern real estate investment, which almost always...
Read MoreImpact of COVID-19 on Supply Chain Contracts and Responding to Force Majeure Claims
March 12, 2020By: Joseph E. Tierney IV Has COVID-19, the coronavirus, caused supply chain problems for your business? Review your contracts for a “force majeure” clause. A force majeure clause is a common provision in contracts. It is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of...
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Construction
CDC’s Detailed Guidance to Reopen Businesses
May 21, 2020By: Abby S. Busler The Center for Disease Control (“CDC”) has issued 60 pages of detailed guidance to reopen businesses, health care facilities and providers, schools, transit, and other industries. This guidance also provides information regarding testing and data to assist with exposure and risk concerns for those industries. The following is an overview of...
Read MoreSBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions
May 16, 2020By: Lawrence J. Glusman On May 15, 2020, the SBA and the Treasury Department released the long-awaited Paycheck Protection Program (PPP) loan forgiveness application and detailed instructions. They also announced that additional regulations and guidance would soon issue to further assist borrowers as they complete their applications, and to assist lenders with their responsibilities. The...
Read MoreSafer At Home Overruled – Is It Business As Usual? | Business Liability Considerations
May 14, 2020By: Kathy L. Nusslock Part I of Our Business Liability Series on Returning to Work On May 13, 2020, the Wisconsin Supreme Court ruled the Secretary-designee of the Department of Health Services (DHS) failed to follow emergency rule procedures and exceeded her authority when she issued Emergency Order #28, ordering everyone to stay home, closing...
Read MoreWebinar | Building Business: Getting Work and Legal Issues During a Pandemic
May 14, 2020Click here to view the Webinar On-Demand. Webinar | May 21 | 10:30 AM Despite the global pandemic, construction projects are moving forward across the state of Wisconsin. With Safer at Home set to expire in Wisconsin on May 26, it’s more important than ever to keep your employees safe on the job site and in...
Read MoreWisconsin’s New Safer At Home Order Alters Restrictions on Businesses
April 16, 2020By: Sherry D. Coley and Tiffany E. Woelfel On April 16, 2020, Governor Evers and the Department of Health Services issued an extension to the Safer At Home Order. Emergency Order #28 will begin on April 24, 2020, and will continue until May 26, 2020, at 8 a.m., unless altered. The extended Order provides new...
Read MoreTo Keep Your Real Estate Deals Moving, Consider a Pause Provision
April 16, 2020By: Robert W. Habich and Ethan C. Geis Within less than a month, the outbreak of COVID-19, and government countermeasures deployed to blunt its effect, has brought a vibrant economy grinding to a halt. In particular, what was a lively commercial real estate market buttressed by strong economic fundamentals, only weeks ago, is beginning to...
Read MoreAnticipatory Breach of Contracts May Become More Common in a Time of Uncertainty
March 25, 2020By: Timothy J. Feldhausen The term “anticipatory breach” or “anticipatory repudiation” does not come up very often outside of the courtroom, but in this time of COVID-19 and disrupted supply chains around the world, it deserves a closer look. Anticipatory breach occurs when a party to a contract demonstrates, either through its words or its...
Read MoreProceed, Pause or Be Damned? Immediate Construction Contract Considerations for Owners and Contractors
March 20, 2020By: Matthew R. McClean COVID-19 is causing many of us to alter expectations. Many in the construction industry are confronting this reality and need to prepare for the potential legal implications. Construction businesses are looking at three significant, interrelated issues from virus’ impact: labor (having healthy, able workers available in the time of social distancing...
Read MoreEmergency Use of Remote Online Notarization
March 20, 2020By: Joseph E. Tierney IV Update: The Department of Financial Institutions (DFI) issued emergency guidance on remote notarizations last week. Such emergency guidance referenced certain types of estate planning documents and included citations to state statutes addressing certain types of estate planning documents. The Department has reconsidered its initial guidance and, as of March 20,...
Read MoreCOVID-19 and Contract Enforceability
March 20, 2020By: Daniel A. Kaminsky In the coming days, weeks, and months, it is likely that we will see failures to perform under contracts that are related to COVID-19 (e.g., failures to perform arising out of the ongoing temporary closures of businesses and institutions across the State of Wisconsin, the United States of America, and globally). ...
Read MoreImpact of COVID-19 on Supply Chain Contracts and Responding to Force Majeure Claims
March 12, 2020By: Joseph E. Tierney IV Has COVID-19, the coronavirus, caused supply chain problems for your business? Review your contracts for a “force majeure” clause. A force majeure clause is a common provision in contracts. It is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of...
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Contracts
Nonperformance of Contracts: Understanding the Impossibility Defense
October 2, 2020By: Thomas V. Rohan With the advent of COVID-19, many are seeking relief under the impossibility defense or attempting to enforce a contact against a party that is looking to avoid its obligations. It is important to know the policy behind that defense. It is also important to understand that policy when you are negotiating,...
Read MoreGet Closer With Your Contracts During the COVID-19 Pandemic
May 26, 2020By: Timothy J. Feldhausen Contracts with customers, vendors, or other parties are a normal part of doing business. Most businesses are party to numerous contracts and although it may seem that contracts are fairly standard documents, the reality is that each individual document is its own legally binding arrangement. The parties to contracts often customize...
Read MoreTo Keep Your Real Estate Deals Moving, Consider a Pause Provision
April 16, 2020By: Robert W. Habich and Ethan C. Geis Within less than a month, the outbreak of COVID-19, and government countermeasures deployed to blunt its effect, has brought a vibrant economy grinding to a halt. In particular, what was a lively commercial real estate market buttressed by strong economic fundamentals, only weeks ago, is beginning to...
Read MoreAnticipatory Breach of Contracts May Become More Common in a Time of Uncertainty
March 25, 2020By: Timothy J. Feldhausen The term “anticipatory breach” or “anticipatory repudiation” does not come up very often outside of the courtroom, but in this time of COVID-19 and disrupted supply chains around the world, it deserves a closer look. Anticipatory breach occurs when a party to a contract demonstrates, either through its words or its...
Read MoreProceed, Pause or Be Damned? Immediate Construction Contract Considerations for Owners and Contractors
March 20, 2020By: Matthew R. McClean COVID-19 is causing many of us to alter expectations. Many in the construction industry are confronting this reality and need to prepare for the potential legal implications. Construction businesses are looking at three significant, interrelated issues from virus’ impact: labor (having healthy, able workers available in the time of social distancing...
Read MoreEmergency Use of Remote Online Notarization
March 20, 2020By: Joseph E. Tierney IV Update: The Department of Financial Institutions (DFI) issued emergency guidance on remote notarizations last week. Such emergency guidance referenced certain types of estate planning documents and included citations to state statutes addressing certain types of estate planning documents. The Department has reconsidered its initial guidance and, as of March 20,...
Read MoreCOVID-19 and Contract Enforceability
March 20, 2020By: Daniel A. Kaminsky In the coming days, weeks, and months, it is likely that we will see failures to perform under contracts that are related to COVID-19 (e.g., failures to perform arising out of the ongoing temporary closures of businesses and institutions across the State of Wisconsin, the United States of America, and globally). ...
Read MoreImpact of COVID-19 on Supply Chain Contracts and Responding to Force Majeure Claims
March 12, 2020By: Joseph E. Tierney IV Has COVID-19, the coronavirus, caused supply chain problems for your business? Review your contracts for a “force majeure” clause. A force majeure clause is a common provision in contracts. It is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of...
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Coronavirus Aid, Relief, and Economic Security Act (CARES Act)
PPP Flexibility Act of 2020 Passes Congress: Covered Period Increased for Up to 24 Weeks Among Other Changes Useful for Some But Not All Borrowers
June 4, 2020By: Lawrence J. Glusman On June 3, 2020, the Senate passed H.R. 7010 (previously passed by the House on May 28, 2020) entitled the Paycheck Protection Program Flexibility Act of 2020 (the “PPPFA”). Once signed into law by the President, the PPPFA will amend the CARES Act in several meaningful ways. The highest profile...
Read MoreSBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions
May 16, 2020By: Lawrence J. Glusman On May 15, 2020, the SBA and the Treasury Department released the long-awaited Paycheck Protection Program (PPP) loan forgiveness application and detailed instructions. They also announced that additional regulations and guidance would soon issue to further assist borrowers as they complete their applications, and to assist lenders with their responsibilities. The...
Read MoreSBA Creates New Safe Harbor for PPP Certification Review: Loans Under $2 Million Deemed Certified in Good Faith and Loans Over $2 Million Subject to Possible Loss of Forgiveness (Updated May 14, 2020: New PPP FAQ #47 published)
May 13, 2020By: Lawrence J. Glusman Second Round of May 13, 2020 SBA Updates | New PPP FAQ #47 Published 47. Question: An SBA interim final rule posted on May 8, 2020 provided that any borrower who applied for a PPP loan and repays the loan in full by May 14, 2020 will be deemed by...
Read MoreIRS Clarifies Stimulus Checks Sent to Deceased Taxpayers Must Be Returned
May 8, 2020By: Jacqueline L. Messler The Coronavirus Aid, Relief and Economic Security (CARES) Act, signed into law March 27, made cash rebates of up to $1,200 available to 150 million Americans. Shortly after the IRS started sending payments, there were stories of payments being made to deceased taxpayers. Specifically, checks were made payable to the...
Read MoreBreaking News: SBA Extends PPP Safe Harbor Repayment Deadline to May 14: Promises Additional Guidance on Certification Review
May 5, 2020By: Lawrence J. Glusman The SBA just issued a brand new FAQ, #43, which grants an automatic 1-week extension to the PPP loan repayment safe harbor until May 14. Borrowers do not need to formally request the extension. The SBA will implement it through a revision to the Interim Final Rule which created the safe...
Read MoreWebinar | You’ve Decided to Keep Your PPP Funds, Now What? Properly Prepare to Maximize Loan Forgiveness
May 5, 2020Click here to view the Webinar On-Demand. Click here to access the PowerPoint Presentation. Even before COVID-19 hit, American businesses averaged less than 28 days of cash on-hand. Economic recovery will depend on businesses and supply chains surviving through better cash flow management. Since April 23, businesses have been scrambling to navigate the ever-changing maze of qualification requirements...
Read MoreWebinar Replay: Understanding the CARES Act — Presented by BizTimes Media
April 6, 2020Please scroll to the bottom of the page to view the webinar replay and access the presentation materials. The federal government’s $2 trillion economic stimulus bill can help your company survive. But you have to understand NOW what’s in it for you and how to apply for funds. This bill is a game changer for...
Read MoreThe United States Patent and Trademark Office Finally Weighs in on the CARES Act Allowing Waiver of Patent-Related and Trademark-Related Timing Deadlines
April 1, 2020By: Joseph S. Heino and Erin E. Kaprelian The United States Patent and Trademark Office (USPTO) announced a temporary waiver of certain timing deadlines in view of the current COVID-19 outbreak. Section 12004(a) of the CARES Act provides the USPTO with the ability to toll, waive, adjust, or modify any deadline under the America Invents...
Read MoreWebinar Replay – Paycheck Protection Program: Factors for Considering a Loan
March 31, 2020*Please scroll to the bottom of the page to view the webinar replay and to access the PowerPoint presentation. Business leaders, interested in what many are referring to as “free money”? Davis|Kuelthau hosted a complimentary webinar for Wisconsin businesses — borrowers and lenders — navigating the emergency loans recently made available through the Coronavirus Aid,...
Read MoreCARES Act Includes Financial Support for Nursing Homes
March 27, 2020By: Alec Dobson The $2 trillion CARES Act, passed by the House on Friday and promptly signed into law by President Trump, provides $200 million for nursing homes for infection control and $100 billion for grants to a broad range of health care providers. The Centers for Medicare and Medicaid Services will receive $200 million...
Read More$2 Trillion Stimulus CARES Act – Educational and Labor Impacts
March 26, 2020By: Abby S. Busler While the majority of provisions in the CARES Act address loans and stimulus plans for individuals and businesses, the CARES Act also enacts additional legislation directly impacting schools and amends the Families First Coronavirus Response Act (FFCRA). The Act sets forth approximately $13.5 billion dollars through formula grants to States to...
Read MoreCoronavirus Aid, Relief, and Economic Security Act (CARES): Title IV – Assistance to Severely Distressed Sectors of the United States Economy
March 26, 2020By: Ryan M. Spott, Danielle S. Fadel and Kathy L. Nusslock On March 25, 2020, the United States Senate approved the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”), a $2 trillion stimulus deal that aims to provide emergency assistance and health care response for individuals, families and businesses affected by the 2020...
Read MoreCARES Act: Historic Senate Legislation to Provide Individuals with Personal Tax Rebates Among Other Tax Advantages (Updated March 27, 2020)
March 26, 2020By: Ann M. Rieger On Friday, March 27th, the House of Representative approved the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The Act, which is designed to provide economic relief as the United States adapts to the outbreak of COVID-19, had previously been approved by the Senate in the late hours of March...
Read MoreCARES Act: Robust Tax Benefits for Businesses
March 26, 2020By: Gini L. Hendrickson and Mark G. Kmiecik Near the midnight hour on March 25, 2020, the U.S. Senate unanimously passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) which includes numerous robust tax benefits to businesses in its $2 trillion aid package designed to assist the economy as it endures the effects...
Read MoreCARES Act Passed Providing Forgivable Loans to Maintain Business Continuity in Trying Times (Updated March 27, 2020)
March 26, 2020By: Michael Van Someren and Lawrence J. Glusman The “Coronavirus Aid, Relief, and Economic Security Act” or “CARES Act” was signed into law by the president on March 27, 2020. The CARES Act has a number of provisions meant to allow employers to receive forgivable loans to pay business expenses and permit them to maintain...
Read MoreEmployer Guidance: Preparing for a Positive COVID-19 Test Among Employees
March 23, 2020By: Abby S. Busler As the pandemic escalates, businesses are adapting and reacting to the changing times. It is likely that employers will have employees test positive with COVID-19 within the next few weeks and months. The positive tests will create employee absenteeism, changes in patterns of commerce and potential interruptions of supply/delivery. Many of...
Read MoreBorrowers Under SBA 504 and SBA 7(a) Loan Programs Eligible for Deferral of Principal, Interest and Fees for up to Six Months
March 20, 2020By: Lawrence J. Glusman and Michael Van Someren To address temporary business interruptions, U.S. Small Business Administration (SBA) lenders nationwide have authority to defer payments of principal, interest and servicing fees for up to six months. Borrowers with existing loans under the SBA 504 Loan (Certified Development Company) program and the SBA 7(a) Loan Guarantee...
Read MoreEmployer Relief May Be in Sight – Senate Bill Includes Forgivable Loans to Maintain Payroll for Next Four Months
March 20, 2020By: Michael Van Someren and Lawrence J. Glusman The Senate is currently considering a bill that could greatly increase the ability of employers to retain their employees. The Coronavirus Aid, Relief, and Economic Security Act or “CARES Act” is currently being considered by the U.S. Senate. While it has not yet passed and includes a...
Read MorePresident Trump Signs Relief Package for Employers: Families First Coronavirus Response Act
March 19, 2020By: Abby S. Busler, Gini L. Hendrickson and Laurie E. Meyer Late last night, President Trump signed the Families First Coronavirus Response Act (FFCRA), an emergency relief package designed to assist employers and employees in the wake of the 2019 coronavirus pandemic (COVID-19). This signature is on the heels of the Senate which voted to...
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Corporate
SBA Issues “Change of Ownership” Procedures for PPP Borrowers: M&A Transactions Must Now Be Reviewed for Compliance
October 7, 2020On October 2, 2020, the Small Business Administration (SBA) issued a procedural notice regarding changes of ownership of an entity that has received Paycheck Protection Program (PPP) funds. The notice does three main things – defines when a “change of ownership” is deemed to have occurred, details when and how lenders may unilaterally approve an...
Read MoreNonperformance of Contracts: Understanding the Impossibility Defense
October 2, 2020By: Thomas V. Rohan With the advent of COVID-19, many are seeking relief under the impossibility defense or attempting to enforce a contact against a party that is looking to avoid its obligations. It is important to know the policy behind that defense. It is also important to understand that policy when you are negotiating,...
Read MoreAvoiding Employment-Related Liability as Employees Return to Work
June 29, 2020By: Laurie E. Meyer As states and municipalities relax safer-at-home measures, stores, restaurants, offices, manufacturers, and other employers across the country are either re-opening for business or returning their employees from remote work. Despite the best of intentions to comply with seemingly ever-changing laws, orders and agency guidance, many businesses worry about whether there will...
Read MoreSBA Releases Revised and EZ Forms For PPP Loan Forgiveness Application: What’s New, What Changed and What Stayed the Same
June 18, 2020By: Lawrence J. Glusman On June 16, 2020, the SBA released a revised PPP loan forgiveness application form and instructions, along with a brand new “EZ” version and instructions. The forms implement provisions of the recent PPP Flexibility Act of 2020 (signed into law on June 5, 2020) and address criticism that the original forgiveness...
Read MoreWebinar | PPP Flexibility Act of 2020: What Are Your Options Now?
June 11, 2020Click here to view the Webinar On-Demand. Click here to access the PowerPoint Presentation. You’ve heard about the new PPP Flexibility Act of 2020, but what does it mean for your business? The Act may be relatively straightforward, but for many the decision process is not. Options have been expanded since you applied for the loan back in...
Read MoreWebinar | Litigation Concerns Spike as the State Opens – Green Bay Packers Mentor-Protégé Program
June 10, 2020On Tuesday, June 9 Davis|Kuelthau’s Litigation attorney, Kathy L. Nusslock and Labor and Employment attorney, Anthony J. Steffek hosted a webinar for members of the Green Bay Packers Mentor-Protégé Program. The webinar addressed issues related to an increase in litigation concerns as the State opens and the liability of businesses for COVID related issues. For...
Read MorePPP Flexibility Act of 2020 Passes Congress: Covered Period Increased for Up to 24 Weeks Among Other Changes Useful for Some But Not All Borrowers
June 4, 2020By: Lawrence J. Glusman On June 3, 2020, the Senate passed H.R. 7010 (previously passed by the House on May 28, 2020) entitled the Paycheck Protection Program Flexibility Act of 2020 (the “PPPFA”). Once signed into law by the President, the PPPFA will amend the CARES Act in several meaningful ways. The highest profile...
Read MoreWebinar | Returning to Work: What will business look like after COVID-19?
June 1, 2020Click here to view the Webinar On-Demand. Click here to access the PowerPoint Presentation. How will we work–and where? As local companies are rolling out new policies and procedures for the first phase of their return to work plan, many are struggling to get employees to return to the worksite while also seeking clarity on what their business...
Read MoreLocal Safer At Home Orders Changed Rapidly After Statewide Order Struck Down; Businesses Encouraged to Review Local Orders Regularly to Ensure Compliance
May 19, 2020By: Sherry D. Coley and Tiffany E. Woelfel After the Wisconsin Supreme Court struck down the statewide Safer At Home order on Wednesday, May 13, 2020, a number of local governments, at the county, city, and village levels, began issuing their own Safer At Home orders. By Wednesday evening, Brown and Dane Counties had issued...
Read MoreCity of Milwaukee Board of Review Extends Property Tax Notice of Assessment Objection/Appeal Deadline to June 8, 2020
May 18, 2020By: Christopher J. Jaekels and Ryan M. Spott On Friday, May 15, 2020, the City of Milwaukee Board of Review voted to extend the deadline for filing assessment objections for 3 weeks to Monday, June 8, 2020, at 4:45 p.m. The Board of Review extended the deadline to assist residential property owners, many of whom...
Read MoreSBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions
May 16, 2020By: Lawrence J. Glusman On May 15, 2020, the SBA and the Treasury Department released the long-awaited Paycheck Protection Program (PPP) loan forgiveness application and detailed instructions. They also announced that additional regulations and guidance would soon issue to further assist borrowers as they complete their applications, and to assist lenders with their responsibilities. The...
Read MoreSafer At Home Overruled – Is It Business As Usual? | Business Liability Considerations
May 14, 2020By: Kathy L. Nusslock Part I of Our Business Liability Series on Returning to Work On May 13, 2020, the Wisconsin Supreme Court ruled the Secretary-designee of the Department of Health Services (DHS) failed to follow emergency rule procedures and exceeded her authority when she issued Emergency Order #28, ordering everyone to stay home, closing...
Read MoreRoundtable Discussion: Managing Your Workforce Through Reentry and Beyond
May 14, 2020Association of Corporate Counsel Wisconsin and Davis|Kuelthau collaborated on a Roundtable Discussion: Managing Your Workforce Through Reentry and Beyond on Thursday, May 14th. Davis|Kuelthau attorneys, Laurie E. Meyer, employment law and litigation, and Larry J. Glusman, commercial finance, along with fellow Association of Corporate Counsel Wisconsin members presented an exclusive roundtable addressing the breadth...
Read MoreSBA Creates New Safe Harbor for PPP Certification Review: Loans Under $2 Million Deemed Certified in Good Faith and Loans Over $2 Million Subject to Possible Loss of Forgiveness (Updated May 14, 2020: New PPP FAQ #47 published)
May 13, 2020By: Lawrence J. Glusman Second Round of May 13, 2020 SBA Updates | New PPP FAQ #47 Published 47. Question: An SBA interim final rule posted on May 8, 2020 provided that any borrower who applied for a PPP loan and repays the loan in full by May 14, 2020 will be deemed by...
Read MoreGovernor Evers “Turns the Dial” to Begin Further Relaxing Restrictions on Businesses Categorized by the State as Non-Essential Retail
May 11, 2020By: Sherry D. Coley and Tiffany E. Woelfel On May 11, 2020, Governor Evers issued Emergency Order #36, which further relaxes restrictions on retail businesses categorized by the State as non-essential. The Order allows for non-essential retail businesses to open their doors to customers for in-person shopping, provided that the entrance into the store be...
Read MoreBreaking News: SBA Extends PPP Safe Harbor Repayment Deadline to May 14: Promises Additional Guidance on Certification Review
May 5, 2020By: Lawrence J. Glusman The SBA just issued a brand new FAQ, #43, which grants an automatic 1-week extension to the PPP loan repayment safe harbor until May 14. Borrowers do not need to formally request the extension. The SBA will implement it through a revision to the Interim Final Rule which created the safe...
Read MoreLimited Safe Harbor May 14 Deadline Looms: Did I Misunderstand or Misapply the PPP Borrower Certification?
May 5, 2020By: Lawrence J. Glusman These days you can’t have a conversation with a business owner without mentioning the Paycheck Protection Program. It’s like the weather. Everybody knows something about it, but nobody knows everything about it. Not even the government. As businesses and their lawyers, accountants and bankers collectively await guidance from the Treasury on...
Read MorePost COVID-19 Return to Work
April 28, 2020By: Robert W. Burns and Bruce B. Deadman Amidst all the controversy and uncertainty as to when both “essential” and “non-essential” businesses will reopen, one thing is certain: at some point in the future all businesses who have survived the crisis will reopen. This article focuses on some of the employment law issues and challenges...
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Supreme Court Rules Showing Willfulness Not Required for Award of Profits
April 24, 2020By: Erin E. Kaprelian The Supreme Court resolved a circuit split regarding whether a party whose trademark has been infringed must show that the infringement was willful in order to recover profits from the infringer. In Romag Fasteners, Inc. v. Fossil, Inc., the Court held that willfulness does not need to be shown in order...
Read MoreWebinar | COVID Era and Beyond: Managing Workforce Liability Under a New Normal
April 23, 2020Click here to watch the webinar on-demand. Click here to access the PowerPoint Presentation. The $2 trillion Coronavirus Aid, Relief and Economic Security Act (CARES) may help your business survive the economic downturn. But how is your company adapting to a new normal? In this complimentary webinar presented by BizTimes Media, in collaboration...
Read MoreThe Rise of Real Estate Funds – How Real Estate Investors Can Efficiently Raise Capital to Facilitate Development and Acquisitions
April 20, 2020By: Michael Van Someren and Joseph E. Tierney IV Real estate funds have been on the rise in recent years for a variety of reasons including deregulation, low interest rates, investors seeking a higher return on investment, and a desire by many investors to invest in tangible assets rather than stocks and bonds. With recent...
Read MoreStrategies for Landlords in Dealing with Tenants in Light of COVID-19
April 20, 2020By: Joseph E. Tierney IV and Michael Van Someren Tenant economic issues due to COVID-19 have been well publicized and programs have been put in place to help tenants. Landlords, on the other hand, feel much of the same pain but that pain has not been well publicized, nor has it been addressed by federal...
Read MoreSave Small Business Fund: Provides Grants to the Smallest of Small Businesses, Opens April 20
April 17, 2020By: Sherry D. Coley and Tiffany E. Woelfel The United States Chamber of Commerce Foundation has established the Save Small Business Fund to provide short-term relief to small employers affected by the COVID-19 crisis. The Save Small Business Fund will provide a one-time grant of $5,000 to small businesses to use for business expenses. In...
Read MoreWisconsin’s New Safer At Home Order Alters Restrictions on Businesses
April 16, 2020By: Sherry D. Coley and Tiffany E. Woelfel On April 16, 2020, Governor Evers and the Department of Health Services issued an extension to the Safer At Home Order. Emergency Order #28 will begin on April 24, 2020, and will continue until May 26, 2020, at 8 a.m., unless altered. The extended Order provides new...
Read MoreWisconsin Offers Legal Protection for Those Manufacturing Emergency Medical Supplies
April 16, 2020By: Sherry D. Coley and Tiffany E. Woelfel On April 15, 2020, Governor Evers signed into law Wisconsin’s first state-wide legislative response to the COVID-19 crisis: 2019 Wisconsin Act 185 (the “Act”). The new Act provides civil immunity to specific individuals or companies for death or injury to a person caused by the “emergency medical...
Read MoreWebinar Replay: Understanding the CARES Act — Presented by BizTimes Media
April 6, 2020Please scroll to the bottom of the page to view the webinar replay and access the presentation materials. The federal government’s $2 trillion economic stimulus bill can help your company survive. But you have to understand NOW what’s in it for you and how to apply for funds. This bill is a game changer for...
Read MoreWebinar Replay – Paycheck Protection Program: Factors for Considering a Loan
March 31, 2020*Please scroll to the bottom of the page to view the webinar replay and to access the PowerPoint presentation. Business leaders, interested in what many are referring to as “free money”? Davis|Kuelthau hosted a complimentary webinar for Wisconsin businesses — borrowers and lenders — navigating the emergency loans recently made available through the Coronavirus Aid,...
Read MoreCoronavirus Aid, Relief, and Economic Security Act (CARES): Title IV – Assistance to Severely Distressed Sectors of the United States Economy
March 26, 2020By: Ryan M. Spott, Danielle S. Fadel and Kathy L. Nusslock On March 25, 2020, the United States Senate approved the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”), a $2 trillion stimulus deal that aims to provide emergency assistance and health care response for individuals, families and businesses affected by the 2020...
Read MoreCARES Act: Robust Tax Benefits for Businesses
March 26, 2020By: Gini L. Hendrickson and Mark G. Kmiecik Near the midnight hour on March 25, 2020, the U.S. Senate unanimously passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) which includes numerous robust tax benefits to businesses in its $2 trillion aid package designed to assist the economy as it endures the effects...
Read MoreAnticipatory Breach of Contracts May Become More Common in a Time of Uncertainty
March 25, 2020By: Timothy J. Feldhausen The term “anticipatory breach” or “anticipatory repudiation” does not come up very often outside of the courtroom, but in this time of COVID-19 and disrupted supply chains around the world, it deserves a closer look. Anticipatory breach occurs when a party to a contract demonstrates, either through its words or its...
Read MoreGuidance for Businesses Resolving Multiple “Shelter in Place” Orders and Differing Definitions of “Essential Business”
March 25, 2020By: Sherry D. Coley and Tiffany E. Woelfel Although California was the first state to issue a “shelter in place” order on March 19, 2020, it quickly became clear that it would not be the last. Since the 19th, approximately 21 states have issued similar orders as they combat the COVID-19 outbreak and try to...
Read MoreSEC Emphasizes Anti-Fraud Protections During COVID-19 Pandemic
March 25, 2020By: Timothy J. Feldhausen On March 23, 2020, the co-directors of the Division of Enforcement of the U.S. Securities and Exchange Commission (SEC) issued a statement regarding market integrity during the COVID-19 pandemic[1]. Specifically, the statement serves to remind public companies of their obligations to maintain disclosure controls and procedures regarding material nonpublic information. The...
Read MoreAre You an “Essential Business” in Wisconsin Under the Safer At Home Order?
March 24, 2020By: Mark G. Kmiecik, Abby S. Busler and Ryan M. Spott The State of Wisconsin has joined several other states in shutting down all nonessential businesses with its newly issued Safer At Home Order, which is effective at 8:00 a.m on Wednesday, March 25, 2020, and will remain in effect until 8:00 a.m on Friday,...
Read MoreGovernor Evers Announces Order Allowing Only Essential Businesses to Remain Open; Designations for Wisconsin Are Pending
March 23, 2020By: Abby S. Busler On March 23, 2020, Governor Evers announced his plan to issue a #SaferAtHome order. This order will allow only “essential businesses” to remain open, encouraging social distancing and requesting that Wisconsinites stay at home. At Governor Evers’ 1:30 p.m. press conference, he announced the detailed order will be issued on Tuesday,...
Read MorePractical Technology Considerations for Employers Implementing Work at Home
March 23, 2020By: Katherine M. Hampel and M. Andrew Skwierawski As businesses have moved to largely remote operations in response to COVID-19, employers are at an increased risk for exposure of sensitive information and are more susceptible to cyber threats than in traditional office settings. While the potential health effects of the virus were known ahead of...
Read MoreGuidance to Manufacturers in Managing Operations during the COVID-19 Crisis
March 23, 2020By: Sherry D. Coley and Tiffany E. Woelfel As the COVID-19 crisis continues for the foreseeable future, manufacturers will become the life-line of our country for two reasons. First, manufacturers will be relied upon to produce much needed supplies, both medical and home-essential supplies. Second, manufacturers will be critical to keeping the supply chains from...
Read MoreEmergency Use of Remote Online Notarization
March 20, 2020By: Joseph E. Tierney IV Update: The Department of Financial Institutions (DFI) issued emergency guidance on remote notarizations last week. Such emergency guidance referenced certain types of estate planning documents and included citations to state statutes addressing certain types of estate planning documents. The Department has reconsidered its initial guidance and, as of March 20,...
Read MoreBorrowers Under SBA 504 and SBA 7(a) Loan Programs Eligible for Deferral of Principal, Interest and Fees for up to Six Months
March 20, 2020By: Lawrence J. Glusman and Michael Van Someren To address temporary business interruptions, U.S. Small Business Administration (SBA) lenders nationwide have authority to defer payments of principal, interest and servicing fees for up to six months. Borrowers with existing loans under the SBA 504 Loan (Certified Development Company) program and the SBA 7(a) Loan Guarantee...
Read MoreCOVID-19 and Contract Enforceability
March 20, 2020By: Daniel A. Kaminsky In the coming days, weeks, and months, it is likely that we will see failures to perform under contracts that are related to COVID-19 (e.g., failures to perform arising out of the ongoing temporary closures of businesses and institutions across the State of Wisconsin, the United States of America, and globally). ...
Read MoreDue Date for Payment of Certain Taxes Due April 15, 2020 Postponed to July 15, 2020 Pursuant to IRS Notice 2020-17
March 18, 2020By: Mark G. Kmiecik The Treasury Department issued guidance on March 18, 2020, certain taxpayers to delay payment of income taxes for 90 days. This relief was first described by a Treasury Secretary Mnuchin in a March 17, 2020, press conference. IRS Notice 2020-17 entitled “Relief for Taxpayers Affected by Ongoing Coronavirus Disease 2019″ provides...
Read MoreNew Limits on Gatherings and Private Businesses in Wisconsin
March 17, 2020By: Sherry D. Coley and Tiffany E. Woelfel Executive Order #5 This afternoon, Governor Evers and Secretary Palm of the Department of Health Services issued Emergency Order #5 (“EO #5”) in a further attempt to restrict the spread of COVID-19. EO #5 restricts mass gatherings of 10 or more people and will substantially impact businesses...
Read MoreCOVID-19 Impact: Considerations for Business Shutdown Preparation
March 17, 2020By: Ryan M. Spott and Joseph E. Tierney IV As the impact of the COVID-19 pandemic continues to heighten, many business owners are faced with making the extremely difficult decision to close their doors in an effort to help reduce the spread of coronavirus. Such decisions can trigger wage and hour factors, supply chain ripple...
Read MoreImpact of COVID-19 on Supply Chain Contracts and Responding to Force Majeure Claims
March 12, 2020By: Joseph E. Tierney IV Has COVID-19, the coronavirus, caused supply chain problems for your business? Review your contracts for a “force majeure” clause. A force majeure clause is a common provision in contracts. It is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of...
Read More
Education
Special Education Considerations in the Virtual Education Setting
April 20, 2020By: Anthony J. Steffek and Abby S. Busler In light of the recent extension of school closures through the end of this school year, this article will review additional guidance from the Department of Public Instruction (DPI) regarding the issue of Free Appropriate Public Education (FAPE) for special education students during virtual learning: School districts...
Read MoreCARES Act: Educational Impact for School Districts
April 14, 2020By: Abby S. Busler The Coronavirus Aid, Relief and Economic Security (CARES) Act includes among its many provisions specific funding sources for Wisconsin school districts. This includes a Governor’s Emergency Education Relief Fund and an Elementary Secondary School Emergency Relief Fund. The CARES Act also created a higher education relief fund, but that is not...
Read MoreWebinar Replay: Managing Education in the #SaferAtHome Era: K-12 Guidance for Administrators
March 27, 2020The impact of COVID-19 is imparting an unprecedented burden on educators across Wisconsin. Breaking news is the new constant, leaving board members, superintendents and other administrators buried in pending urgent decisions amidst a sea of uncertainty. Davis|Kuelthau is dedicated to helping each of you through these challenging times. Members of our School Team, Robert (Bob) Burns, Anthony (Tony)...
Read More$2 Trillion Stimulus CARES Act – Educational and Labor Impacts
March 26, 2020By: Abby S. Busler While the majority of provisions in the CARES Act address loans and stimulus plans for individuals and businesses, the CARES Act also enacts additional legislation directly impacting schools and amends the Families First Coronavirus Response Act (FFCRA). The Act sets forth approximately $13.5 billion dollars through formula grants to States to...
Read MoreFAPE During a Pandemic, What Does it Mean?
March 26, 2020By: Abby S. Busler School Districts across the state are experiencing an upheaval of all that is normal and forced to react and adapt to the “new” normal. On March 24, 2020, Governor Evers set forth Emergency Order #12, issuing a Stay At Home order. That order specifically directed that schools will not be open...
Read MoreCARES Act Passed Providing Forgivable Loans to Maintain Business Continuity in Trying Times (Updated March 27, 2020)
March 26, 2020By: Michael Van Someren and Lawrence J. Glusman The “Coronavirus Aid, Relief, and Economic Security Act” or “CARES Act” was signed into law by the president on March 27, 2020. The CARES Act has a number of provisions meant to allow employers to receive forgivable loans to pay business expenses and permit them to maintain...
Read MoreCOVID-19 Student Loan Impact and COVID-19 Free Testing
March 25, 2020By: Abby S. Busler (1) COVID-19 Student Loan Impact As many Americans throughout the country participate in self-quarantine, mortgage and rent payments, heat and electricity payments and student loans continue to weigh heavily on smaller paychecks. In response to many citizens working a reduced schedule or temporarily losing employment, during this time of uncertainty state...
Read MoreSchool District COVID-19 Update and Resources
March 19, 2020By: Robert W. Burns and Abby S. Busler The current COVID-19 health emergency has confronted school districts with a wide variety of serious challenges. The purpose of this article is to compile useful information pertaining to several key recurring topics and serve as a reference tool. Italicized items are excerpts from the source documents linked...
Read MoreCOVID-19 Closes K-12 Public and Private Schools – Employers Must Adapt
March 13, 2020By: Abby S. Busler On March 13, 2020, just before 5:00pm Governor Evers issued an agency order mandating the closure of all K-12 Wisconsin schools both public and private, as part of efforts to respond to and contain the spread of COVID-19 in Wisconsin. This decision has a widespread impact on Wisconsin’s workforce and its...
Read MoreDHS and DPI Issued Guidance for School Districts Preparing for the Coronavirus
March 11, 2020By: Abby S. Busler Note: Perspectives shared are limited to the factors present as of the date of the article and thus may no longer be relevant due to the fluid nature of the pandemic’s impact. Please check with your Davis|Kuelthau attorney or the author for the most current perspectives. It is important to regularly...
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Emergency Family and Medical Leave Expansion Act (EFMLA)
Given Remote and Hybrid Re-Opening of Schools, When Is a School “Closed” and When Can Employees Take Expanded FMLA? Department of Labor Issues Updated Guidance
August 28, 2020Employers may be expecting an increase in requests for Families First Coronavirus Response Act (FFCRA) leave as the new school year is upon us. But many employers may have questions about when and under what circumstances an employee can qualify for FFCRA leave, given the varying ways that schools “reopen.” Some schools are beginning the...
Read MoreClaiming Tax Credits For Paid Leave Under The Emergency Family And Medical Leave Act And The Emergency Paid Sick Leave Act
March 26, 2020By: Mark G. Kmiecik and James M. Kalny The Families First Coronavirus Response Act (“Act”) provides two new refundable payroll tax credits (“tax credits”) for employers providing paid emergency sick leave or paid FMLA, including tax relief for self-employed individuals. As written, however, the Act is not practical as to these tax credits, since an...
Read MoreEmployer Guidance: Preparing for a Positive COVID-19 Test Among Employees
March 23, 2020By: Abby S. Busler As the pandemic escalates, businesses are adapting and reacting to the changing times. It is likely that employers will have employees test positive with COVID-19 within the next few weeks and months. The positive tests will create employee absenteeism, changes in patterns of commerce and potential interruptions of supply/delivery. Many of...
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Emergency Loans
PPP Flexibility Act of 2020 Passes Congress: Covered Period Increased for Up to 24 Weeks Among Other Changes Useful for Some But Not All Borrowers
June 4, 2020By: Lawrence J. Glusman On June 3, 2020, the Senate passed H.R. 7010 (previously passed by the House on May 28, 2020) entitled the Paycheck Protection Program Flexibility Act of 2020 (the “PPPFA”). Once signed into law by the President, the PPPFA will amend the CARES Act in several meaningful ways. The highest profile...
Read MoreSBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions
May 16, 2020By: Lawrence J. Glusman On May 15, 2020, the SBA and the Treasury Department released the long-awaited Paycheck Protection Program (PPP) loan forgiveness application and detailed instructions. They also announced that additional regulations and guidance would soon issue to further assist borrowers as they complete their applications, and to assist lenders with their responsibilities. The...
Read MoreSBA Creates New Safe Harbor for PPP Certification Review: Loans Under $2 Million Deemed Certified in Good Faith and Loans Over $2 Million Subject to Possible Loss of Forgiveness (Updated May 14, 2020: New PPP FAQ #47 published)
May 13, 2020By: Lawrence J. Glusman Second Round of May 13, 2020 SBA Updates | New PPP FAQ #47 Published 47. Question: An SBA interim final rule posted on May 8, 2020 provided that any borrower who applied for a PPP loan and repays the loan in full by May 14, 2020 will be deemed by...
Read MoreBreaking News: SBA Extends PPP Safe Harbor Repayment Deadline to May 14: Promises Additional Guidance on Certification Review
May 5, 2020By: Lawrence J. Glusman The SBA just issued a brand new FAQ, #43, which grants an automatic 1-week extension to the PPP loan repayment safe harbor until May 14. Borrowers do not need to formally request the extension. The SBA will implement it through a revision to the Interim Final Rule which created the safe...
Read MoreSave Small Business Fund: Provides Grants to the Smallest of Small Businesses, Opens April 20
April 17, 2020By: Sherry D. Coley and Tiffany E. Woelfel The United States Chamber of Commerce Foundation has established the Save Small Business Fund to provide short-term relief to small employers affected by the COVID-19 crisis. The Save Small Business Fund will provide a one-time grant of $5,000 to small businesses to use for business expenses. In...
Read MoreWebinar Replay: Understanding the CARES Act — Presented by BizTimes Media
April 6, 2020Please scroll to the bottom of the page to view the webinar replay and access the presentation materials. The federal government’s $2 trillion economic stimulus bill can help your company survive. But you have to understand NOW what’s in it for you and how to apply for funds. This bill is a game changer for...
Read MoreWebinar Replay – Paycheck Protection Program: Factors for Considering a Loan
March 31, 2020*Please scroll to the bottom of the page to view the webinar replay and to access the PowerPoint presentation. Business leaders, interested in what many are referring to as “free money”? Davis|Kuelthau hosted a complimentary webinar for Wisconsin businesses — borrowers and lenders — navigating the emergency loans recently made available through the Coronavirus Aid,...
Read MoreBorrowers Under SBA 504 and SBA 7(a) Loan Programs Eligible for Deferral of Principal, Interest and Fees for up to Six Months
March 20, 2020By: Lawrence J. Glusman and Michael Van Someren To address temporary business interruptions, U.S. Small Business Administration (SBA) lenders nationwide have authority to defer payments of principal, interest and servicing fees for up to six months. Borrowers with existing loans under the SBA 504 Loan (Certified Development Company) program and the SBA 7(a) Loan Guarantee...
Read MoreEmployer Relief May Be in Sight – Senate Bill Includes Forgivable Loans to Maintain Payroll for Next Four Months
March 20, 2020By: Michael Van Someren and Lawrence J. Glusman The Senate is currently considering a bill that could greatly increase the ability of employers to retain their employees. The Coronavirus Aid, Relief, and Economic Security Act or “CARES Act” is currently being considered by the U.S. Senate. While it has not yet passed and includes a...
Read MorePresident Trump Signs Relief Package for Employers: Families First Coronavirus Response Act
March 19, 2020By: Abby S. Busler, Gini L. Hendrickson and Laurie E. Meyer Late last night, President Trump signed the Families First Coronavirus Response Act (FFCRA), an emergency relief package designed to assist employers and employees in the wake of the 2019 coronavirus pandemic (COVID-19). This signature is on the heels of the Senate which voted to...
Read MoreWisconsin Acts to Secure State and Federal Assistance for Small Businesses Affected by COVID-19
March 18, 2020By: Sherry D. Coley and Tiffany E. Woelfel Federal Small Business Administration Economic Injury Disaster Loans On March 18, 2020, Governor Evers requested that the Administrator of the U.S. Small Business Administration (“SBA”) declare COVID-19 a disaster for Wisconsin. Once the SBA declares Wisconsin a disaster area, it will allow Wisconsin small businesses in all...
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Emergency Paid Sick Leave Act (EPSLA)
Claiming Tax Credits For Paid Leave Under The Emergency Family And Medical Leave Act And The Emergency Paid Sick Leave Act
March 26, 2020By: Mark G. Kmiecik and James M. Kalny The Families First Coronavirus Response Act (“Act”) provides two new refundable payroll tax credits (“tax credits”) for employers providing paid emergency sick leave or paid FMLA, including tax relief for self-employed individuals. As written, however, the Act is not practical as to these tax credits, since an...
Read MoreEmployer Guidance: Preparing for a Positive COVID-19 Test Among Employees
March 23, 2020By: Abby S. Busler As the pandemic escalates, businesses are adapting and reacting to the changing times. It is likely that employers will have employees test positive with COVID-19 within the next few weeks and months. The positive tests will create employee absenteeism, changes in patterns of commerce and potential interruptions of supply/delivery. Many of...
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Employee Benefits
New Employer Notification Requirement to Employees of Unemployment Benefit Rights
October 16, 2020Wisconsin Employers mark your calendar. As of November 2, 2020, all employers covered by Wisconsin’s Unemployment Insurance (UI) law must provide employees with written notice regarding the availability of UI benefits upon a change in employment status. The new requirement applies when work hours are reduced, layoff, furlough, or separation – temporary or permanent. This...
Read More“Health Care Providers” Under the FFCRA: Department of Labor Revises the Regulation and Focuses the Field of Employees Eligible for Leave
September 25, 2020On September 11, 2020, the Department of Labor (DOL) released its second interpretation of the Families First Coronavirus Response Act (FFCRA). The new DOL rule, which took effect on September 16, revised the original rule’s definition of “health care provider” to provide up to twelve weeks of paid leave to an expanded field of workers....
Read MoreGiven Remote and Hybrid Re-Opening of Schools, When Is a School “Closed” and When Can Employees Take Expanded FMLA? Department of Labor Issues Updated Guidance
August 28, 2020Employers may be expecting an increase in requests for Families First Coronavirus Response Act (FFCRA) leave as the new school year is upon us. But many employers may have questions about when and under what circumstances an employee can qualify for FFCRA leave, given the varying ways that schools “reopen.” Some schools are beginning the...
Read MoreNew State Relief Bill Marks Fundamental Change in Workers’ Compensation Law for “First Responders”
April 16, 2020By: Bruce B. Deadman Some media outlets, commentators and business organizations have expressed concern that as they return employees to work, employers may have potential liability on a variety of fronts. This came true for employers who have “first responders” in an important provision of the coronavirus relief package signed into law by Governor Evers...
Read MoreIRS Issues Strict Rules and Documentation Requirements for Required Paid Leave Credit, Launches Employee Retention Credit
April 1, 2020By: Bruce B. Deadman and Laurie E. Meyer Yesterday the IRS took two actions which have an immediate impact on employers regarding what documentation they must keep in order to get a refundable tax credit for their employees’ paid leave under the Families First Coronavirus Response Act (FFCRA), and how businesses may qualify for a...
Read MoreClaiming Tax Credits For Paid Leave Under The Emergency Family And Medical Leave Act And The Emergency Paid Sick Leave Act
March 26, 2020By: Mark G. Kmiecik and James M. Kalny The Families First Coronavirus Response Act (“Act”) provides two new refundable payroll tax credits (“tax credits”) for employers providing paid emergency sick leave or paid FMLA, including tax relief for self-employed individuals. As written, however, the Act is not practical as to these tax credits, since an...
Read MoreEmployer Guidance: Preparing for a Positive COVID-19 Test Among Employees
March 23, 2020By: Abby S. Busler As the pandemic escalates, businesses are adapting and reacting to the changing times. It is likely that employers will have employees test positive with COVID-19 within the next few weeks and months. The positive tests will create employee absenteeism, changes in patterns of commerce and potential interruptions of supply/delivery. Many of...
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Environmental Protection Agency (EPA)
COVID-19 Era Environmental Compliance
April 8, 2020By: Ted A. Warpinski and M. Andrew Skwierawski On March 26, 2020, the United States Environmental Protection Agency (USEPA) issued guidance on how it intends to handle environmental compliance obligations that may be impacted by the COVID-19 Pandemic. A link to our update on that guidance can be found here. At that time, we expected that...
Read MoreEPA Issues Guidance on Enforcement Discretion During COVID-19 Pandemic
March 30, 2020By: Ted A. Warpinski and M. Andrew Skwierawski On March 26, 2020, EPA issued the policy document entitled “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program.” The policy document addresses situations where compliance with environmental obligations may not be “reasonably practicable” due to COVID-19. The policy is retroactive to March 13, 2020. Regulated entities...
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Essential Businesses
Local Safer At Home Orders Changed Rapidly After Statewide Order Struck Down; Businesses Encouraged to Review Local Orders Regularly to Ensure Compliance
May 19, 2020By: Sherry D. Coley and Tiffany E. Woelfel After the Wisconsin Supreme Court struck down the statewide Safer At Home order on Wednesday, May 13, 2020, a number of local governments, at the county, city, and village levels, began issuing their own Safer At Home orders. By Wednesday evening, Brown and Dane Counties had issued...
Read MoreGovernor Evers “Turns the Dial” to Begin Further Relaxing Restrictions on Businesses Categorized by the State as Non-Essential Retail
May 11, 2020By: Sherry D. Coley and Tiffany E. Woelfel On May 11, 2020, Governor Evers issued Emergency Order #36, which further relaxes restrictions on retail businesses categorized by the State as non-essential. The Order allows for non-essential retail businesses to open their doors to customers for in-person shopping, provided that the entrance into the store be...
Read MoreSave Small Business Fund: Provides Grants to the Smallest of Small Businesses, Opens April 20
April 17, 2020By: Sherry D. Coley and Tiffany E. Woelfel The United States Chamber of Commerce Foundation has established the Save Small Business Fund to provide short-term relief to small employers affected by the COVID-19 crisis. The Save Small Business Fund will provide a one-time grant of $5,000 to small businesses to use for business expenses. In...
Read MoreWisconsin’s New Safer At Home Order Alters Restrictions on Businesses
April 16, 2020By: Sherry D. Coley and Tiffany E. Woelfel On April 16, 2020, Governor Evers and the Department of Health Services issued an extension to the Safer At Home Order. Emergency Order #28 will begin on April 24, 2020, and will continue until May 26, 2020, at 8 a.m., unless altered. The extended Order provides new...
Read MoreWebinar Replay: Managing Your Workforce in the #SaferAtHome Era
March 27, 2020Davis|Kuelthau hosted a complimentary webinar on Monday, March 30th for all Wisconsin businesses navigating the myriad employment hurdles stemming from the COVID-19 pandemic and the Essential Business mandates across Wisconsin. D|K Employment Law Attorneys, Laurie Meyer and Anthony Steffek, held a Q&A forum addressing topics such as: Telework Furloughs Layoffs FFCRA applicability for leave What employers can ask of...
Read MoreGuidance for Businesses Resolving Multiple “Shelter in Place” Orders and Differing Definitions of “Essential Business”
March 25, 2020By: Sherry D. Coley and Tiffany E. Woelfel Although California was the first state to issue a “shelter in place” order on March 19, 2020, it quickly became clear that it would not be the last. Since the 19th, approximately 21 states have issued similar orders as they combat the COVID-19 outbreak and try to...
Read MoreAre You an “Essential Business” in Wisconsin Under the Safer At Home Order?
March 24, 2020By: Mark G. Kmiecik, Abby S. Busler and Ryan M. Spott The State of Wisconsin has joined several other states in shutting down all nonessential businesses with its newly issued Safer At Home Order, which is effective at 8:00 a.m on Wednesday, March 25, 2020, and will remain in effect until 8:00 a.m on Friday,...
Read MoreGovernor Evers Announces Order Allowing Only Essential Businesses to Remain Open; Designations for Wisconsin Are Pending
March 23, 2020By: Abby S. Busler On March 23, 2020, Governor Evers announced his plan to issue a #SaferAtHome order. This order will allow only “essential businesses” to remain open, encouraging social distancing and requesting that Wisconsinites stay at home. At Governor Evers’ 1:30 p.m. press conference, he announced the detailed order will be issued on Tuesday,...
Read MoreGuidance to Manufacturers in Managing Operations during the COVID-19 Crisis
March 23, 2020By: Sherry D. Coley and Tiffany E. Woelfel As the COVID-19 crisis continues for the foreseeable future, manufacturers will become the life-line of our country for two reasons. First, manufacturers will be relied upon to produce much needed supplies, both medical and home-essential supplies. Second, manufacturers will be critical to keeping the supply chains from...
Read MoreNew Limits on Gatherings and Private Businesses in Wisconsin
March 17, 2020By: Sherry D. Coley and Tiffany E. Woelfel Executive Order #5 This afternoon, Governor Evers and Secretary Palm of the Department of Health Services issued Emergency Order #5 (“EO #5”) in a further attempt to restrict the spread of COVID-19. EO #5 restricts mass gatherings of 10 or more people and will substantially impact businesses...
Read MoreCOVID-19 Impact: Considerations for Business Shutdown Preparation
March 17, 2020By: Ryan M. Spott and Joseph E. Tierney IV As the impact of the COVID-19 pandemic continues to heighten, many business owners are faced with making the extremely difficult decision to close their doors in an effort to help reduce the spread of coronavirus. Such decisions can trigger wage and hour factors, supply chain ripple...
Read MoreCoronavirus Challenges for Commercial Landlords
March 17, 2020By: Ethan C. Geis and Mike T. Van Someren The COVID-19 virus is having negative effects on many aspects of life in the world, not least including economics close to home. Unfortunately, commercial real estate and capital markets are not immune to these effects. In light of the modern real estate investment, which almost always...
Read MoreImpact of COVID-19 on Supply Chain Contracts and Responding to Force Majeure Claims
March 12, 2020By: Joseph E. Tierney IV Has COVID-19, the coronavirus, caused supply chain problems for your business? Review your contracts for a “force majeure” clause. A force majeure clause is a common provision in contracts. It is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of...
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Families First Coronavirus Response Act (FFCRA)
New Employer Notification Requirement to Employees of Unemployment Benefit Rights
October 16, 2020Wisconsin Employers mark your calendar. As of November 2, 2020, all employers covered by Wisconsin’s Unemployment Insurance (UI) law must provide employees with written notice regarding the availability of UI benefits upon a change in employment status. The new requirement applies when work hours are reduced, layoff, furlough, or separation – temporary or permanent. This...
Read More“Health Care Providers” Under the FFCRA: Department of Labor Revises the Regulation and Focuses the Field of Employees Eligible for Leave
September 25, 2020On September 11, 2020, the Department of Labor (DOL) released its second interpretation of the Families First Coronavirus Response Act (FFCRA). The new DOL rule, which took effect on September 16, revised the original rule’s definition of “health care provider” to provide up to twelve weeks of paid leave to an expanded field of workers....
Read MoreGiven Remote and Hybrid Re-Opening of Schools, When Is a School “Closed” and When Can Employees Take Expanded FMLA? Department of Labor Issues Updated Guidance
August 28, 2020Employers may be expecting an increase in requests for Families First Coronavirus Response Act (FFCRA) leave as the new school year is upon us. But many employers may have questions about when and under what circumstances an employee can qualify for FFCRA leave, given the varying ways that schools “reopen.” Some schools are beginning the...
Read MoreAvoiding Employment-Related Liability as Employees Return to Work
June 29, 2020By: Laurie E. Meyer As states and municipalities relax safer-at-home measures, stores, restaurants, offices, manufacturers, and other employers across the country are either re-opening for business or returning their employees from remote work. Despite the best of intentions to comply with seemingly ever-changing laws, orders and agency guidance, many businesses worry about whether there will...
Read MoreFFCRA Regulations
April 8, 2020By: Abby S. Busler, Laurie E. Meyer, and James M. Kalny On April 1, 2020, the Department of Labor (DOL) issued its interim regulations in connection with the Families First Coronavirus Response Act (FFCRA), as title 29 of the Code of Federal Regulations part 826. The regulations are preceded by 82 pages of guidance. The...
Read MoreIRS Issues Strict Rules and Documentation Requirements for Required Paid Leave Credit, Launches Employee Retention Credit
April 1, 2020By: Bruce B. Deadman and Laurie E. Meyer Yesterday the IRS took two actions which have an immediate impact on employers regarding what documentation they must keep in order to get a refundable tax credit for their employees’ paid leave under the Families First Coronavirus Response Act (FFCRA), and how businesses may qualify for a...
Read MoreThe “Small Business Exemption” to the Families First Coronavirus Response Act (FFCRA): Who Qualifies? And What is the Exemption?
April 1, 2020By: Laurie E. Meyer Many employers are aware that when Congress initially passed the FFCRA, it allowed the Secretary of the Department of Labor (DOL) to issue later rules exempting employers with fewer than 50 employees (“small business”) from its requirements if compliance would jeopardize “the viability of the employer’s business as a going concern.”...
Read MoreUpdates Regarding Families First Coronavirus Response Act Date Change
March 30, 2020By: Abby S. Busler Recently, the Department of Labor (DOL) began issuing guidance and posters regarding the upcoming Families First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act (EFMLA). Most importantly, the initial start date has changed, and the FFCRA begins on...
Read MoreEmployer Guidance: Preparing for a Positive COVID-19 Test Among Employees
March 23, 2020By: Abby S. Busler As the pandemic escalates, businesses are adapting and reacting to the changing times. It is likely that employers will have employees test positive with COVID-19 within the next few weeks and months. The positive tests will create employee absenteeism, changes in patterns of commerce and potential interruptions of supply/delivery. Many of...
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Food and Beverage Industry
COVID-19 Waivers: Can They Reduce Your Business Risk?
June 18, 2020By: Lisa Kleiner Wood and Ethan C. Geis As states begin to reopen and loosen restrictions on public gatherings and business closures in response to the COVID-19 pandemic, business managers, event coordinators, and property owners are seeking to get back to a semblance of normalcy. However, at least in the near term, it appears that...
Read MoreSBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions
May 16, 2020By: Lawrence J. Glusman On May 15, 2020, the SBA and the Treasury Department released the long-awaited Paycheck Protection Program (PPP) loan forgiveness application and detailed instructions. They also announced that additional regulations and guidance would soon issue to further assist borrowers as they complete their applications, and to assist lenders with their responsibilities. The...
Read MoreSafer At Home Overruled – Is It Business As Usual? | Business Liability Considerations
May 14, 2020By: Kathy L. Nusslock Part I of Our Business Liability Series on Returning to Work On May 13, 2020, the Wisconsin Supreme Court ruled the Secretary-designee of the Department of Health Services (DHS) failed to follow emergency rule procedures and exceeded her authority when she issued Emergency Order #28, ordering everyone to stay home, closing...
Read MoreWisconsin’s New Safer At Home Order Alters Restrictions on Businesses
April 16, 2020By: Sherry D. Coley and Tiffany E. Woelfel On April 16, 2020, Governor Evers and the Department of Health Services issued an extension to the Safer At Home Order. Emergency Order #28 will begin on April 24, 2020, and will continue until May 26, 2020, at 8 a.m., unless altered. The extended Order provides new...
Read MoreOld Fashioned to Go? Alcohol Beverages May Be Ordered on a Carry-Out Basis During the COVID-19 Pandemic
March 26, 2020By: Brian C. Randall and Danielle S. Fadel On March 17, 2020, Governor Evers issued Emergency Order #5 to restrict mass gatherings of 10 or more people (as described in this article New Limits on Gatherings and Private Businesses in Wisconsin), which included a mandate that restaurants only offer take-out or delivery services as no...
Read MoreNew Limits on Gatherings and Private Businesses in Wisconsin
March 17, 2020By: Sherry D. Coley and Tiffany E. Woelfel Executive Order #5 This afternoon, Governor Evers and Secretary Palm of the Department of Health Services issued Emergency Order #5 (“EO #5”) in a further attempt to restrict the spread of COVID-19. EO #5 restricts mass gatherings of 10 or more people and will substantially impact businesses...
Read MoreImpact of COVID-19 on Supply Chain Contracts and Responding to Force Majeure Claims
March 12, 2020By: Joseph E. Tierney IV Has COVID-19, the coronavirus, caused supply chain problems for your business? Review your contracts for a “force majeure” clause. A force majeure clause is a common provision in contracts. It is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of...
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Foreclosures
Governor Evers Orders Suspension of Evictions and Foreclosures for 60 Days During COVID-19 Crisis
March 30, 2020By: Sherry D. Coley and Tiffany E. Woelfel On March 27, 2020, Governor Evers issued Emergency Order #15, which temporarily bans evections and foreclosure actions over the next 60 days. Landlords and financial institutions must take note of the various restrictions imposed by Emergency Order #15. Provisions Affecting Landlords First, a landlord’s ability to serve...
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Health Care
“Health Care Providers” Under the FFCRA: Department of Labor Revises the Regulation and Focuses the Field of Employees Eligible for Leave
September 25, 2020On September 11, 2020, the Department of Labor (DOL) released its second interpretation of the Families First Coronavirus Response Act (FFCRA). The new DOL rule, which took effect on September 16, revised the original rule’s definition of “health care provider” to provide up to twelve weeks of paid leave to an expanded field of workers....
Read MoreCDC’s Detailed Guidance to Reopen Businesses
May 21, 2020By: Abby S. Busler The Center for Disease Control (“CDC”) has issued 60 pages of detailed guidance to reopen businesses, health care facilities and providers, schools, transit, and other industries. This guidance also provides information regarding testing and data to assist with exposure and risk concerns for those industries. The following is an overview of...
Read MoreCMS Recommends States Use “Extreme Caution” in Relaxing Nursing Home Restrictions
May 19, 2020By: Alec Dobson The Centers for Medicare & Medicaid Services issued recommendations on May 18 to state and local officials across the country for when nursing homes can relax certain restrictions on visitation, screening, and services related to the COVID-19 pandemic. The recommendations envision moving in three phases. Nursing homes would “reopen” more slowly than...
Read MoreState Will Disclose Nursing Homes with COVID Cases
May 8, 2020By: Alec Dobson The state will begin publishing a list of nursing homes in Wisconsin with current confirmed cases of COVID-19, the Wisconsin Health Care Association reported Thursday. The disclosures will begin Monday, May 11, on the Department of Health Services’ website. Also: The Centers for Medicare & Medicaid Services announced Wednesday that it will...
Read MoreNew State Relief Bill Marks Fundamental Change in Workers’ Compensation Law for “First Responders”
April 16, 2020By: Bruce B. Deadman Some media outlets, commentators and business organizations have expressed concern that as they return employees to work, employers may have potential liability on a variety of fronts. This came true for employers who have “first responders” in an important provision of the coronavirus relief package signed into law by Governor Evers...
Read MoreHealth Care Providers Get Limited Immunity Under State Coronavirus Law
April 16, 2020By: Alec Dobson Health care providers in Wisconsin now have immunity from civil liability, subject to certain exceptions, for death, injury or other damages caused by their services during the coronavirus emergency. The immunity provision is part of the wide-ranging coronavirus relief law which received final approval in the Legislature on April 15 and was...
Read MoreState Sets Emergency Training Rules to Help Nursing Home Staffing Amid COVID-19
April 13, 2020By: Alec Dobson The Wisconsin Department of Health Services has established two temporary, emergency programs with relaxed training requirements to help nursing homes increase nurse aide staffing to help meet the increased demands posed by COVID-19. The DHS announcement on April 9 implements Governor Tony Evers’ Emergency Order No. 21, which was issued April 3....
Read MoreCARES Act Includes Financial Support for Nursing Homes
March 27, 2020By: Alec Dobson The $2 trillion CARES Act, passed by the House on Friday and promptly signed into law by President Trump, provides $200 million for nursing homes for infection control and $100 billion for grants to a broad range of health care providers. The Centers for Medicare and Medicaid Services will receive $200 million...
Read MoreHealthcare Providers May Now Use Apple FaceTime, Facebook Messenger Video Chat, Google Hangouts Video and Skype to Provide Telehealth to Patients During COVID-19 Public Emergency
March 19, 2020By: Mark G. Kmiecik On March 18, 2020, the HHS Office for Civil Rights (“OCR”) announced that covered healthcare providers (“providers”) may now use Apple FaceTime, Facebook Messenger video chat, Google Hangouts video, and Skype to provide telehealth to patients during the COVID-19 nationwide public health emergency without fear or the risk that OCR might...
Read MoreSecretary Azar Waives Certain HIPAA Sanctions and Penalties Against Covered Hospitals
March 17, 2020By: Mark G. Kmiecik Effective March 15, 2020, Secretary of the U.S. Department of Health and Human Services, Alex M. Azar, exercised the emergency authority granted to him under Section 1 of the Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak (the “COVID-19 National Emergency Declaration”) to waive sanctions and...
Read MoreCMS Suspends Nursing Home Inspections, Offers Guidance in Wake of Coronavirus
March 6, 2020By: Alec Dobson The Centers for Medicare & Medicaid Services (CMS) is suspending non-emergency inspections of nursing homes so inspectors can focus on the spread of the coronavirus (COVID-19). CMS also announced guidance for controlling COVID-19 in nursing homes. CMS announced March 4 that, effective immediately, it will conduct only the following survey inspections, in...
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Insurance
Safer At Home Overruled – Is It Business As Usual? | Business Liability Considerations
May 14, 2020By: Kathy L. Nusslock Part I of Our Business Liability Series on Returning to Work On May 13, 2020, the Wisconsin Supreme Court ruled the Secretary-designee of the Department of Health Services (DHS) failed to follow emergency rule procedures and exceeded her authority when she issued Emergency Order #28, ordering everyone to stay home, closing...
Read MoreBusiness Interruption Insurance for COVID-19
March 18, 2020By: Brian J. Pfeil The restrictions put in place to halt the spread of COVID-19 – such as limiting crowd size, closing restaurants and taverns, and shuttering of professional sports leagues – are critically stressing many of your businesses. One possible form of relief to the financial stress is insurance coverage, including business interruption and...
Read MoreImpact of COVID-19 on Supply Chain Contracts and Responding to Force Majeure Claims
March 12, 2020By: Joseph E. Tierney IV Has COVID-19, the coronavirus, caused supply chain problems for your business? Review your contracts for a “force majeure” clause. A force majeure clause is a common provision in contracts. It is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of...
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Intellectual Property
The United States Patent and Trademark Office Finally Weighs in on the CARES Act Allowing Waiver of Patent-Related and Trademark-Related Timing Deadlines
April 1, 2020By: Joseph S. Heino and Erin E. Kaprelian The United States Patent and Trademark Office (USPTO) announced a temporary waiver of certain timing deadlines in view of the current COVID-19 outbreak. Section 12004(a) of the CARES Act provides the USPTO with the ability to toll, waive, adjust, or modify any deadline under the America Invents...
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Labor and Employment
New Employer Notification Requirement to Employees of Unemployment Benefit Rights
October 16, 2020Wisconsin Employers mark your calendar. As of November 2, 2020, all employers covered by Wisconsin’s Unemployment Insurance (UI) law must provide employees with written notice regarding the availability of UI benefits upon a change in employment status. The new requirement applies when work hours are reduced, layoff, furlough, or separation – temporary or permanent. This...
Read More“Health Care Providers” Under the FFCRA: Department of Labor Revises the Regulation and Focuses the Field of Employees Eligible for Leave
September 25, 2020On September 11, 2020, the Department of Labor (DOL) released its second interpretation of the Families First Coronavirus Response Act (FFCRA). The new DOL rule, which took effect on September 16, revised the original rule’s definition of “health care provider” to provide up to twelve weeks of paid leave to an expanded field of workers....
Read MoreGiven Remote and Hybrid Re-Opening of Schools, When Is a School “Closed” and When Can Employees Take Expanded FMLA? Department of Labor Issues Updated Guidance
August 28, 2020Employers may be expecting an increase in requests for Families First Coronavirus Response Act (FFCRA) leave as the new school year is upon us. But many employers may have questions about when and under what circumstances an employee can qualify for FFCRA leave, given the varying ways that schools “reopen.” Some schools are beginning the...
Read MoreAvoiding Employment-Related Liability as Employees Return to Work
June 29, 2020By: Laurie E. Meyer As states and municipalities relax safer-at-home measures, stores, restaurants, offices, manufacturers, and other employers across the country are either re-opening for business or returning their employees from remote work. Despite the best of intentions to comply with seemingly ever-changing laws, orders and agency guidance, many businesses worry about whether there will...
Read MoreEEOC’s Guidance About COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws
June 17, 2020By: Abby S. Busler and Bruce B. Deadman In new guidance issued on June 17, 2020, the Equal Employment Opportunity Commission (EEOC) adopted the CDC’S position that antibody test results “should not be used to make decisions about returning persons to the workplace” because “an antibody test at this time does not meet the ADA’s...
Read MoreU.S. Supreme Court Rules Title VII Protects Gay and Transgender Employees from Employment Discrimination
June 16, 2020By: Laurie E. Meyer and Abby S. Busler On June 15, 2020, in a landmark decision, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of sexual orientation or transgender status. This decision comes five years after the Court legalized same sex...
Read MoreWebinar | Litigation Concerns Spike as the State Opens – Green Bay Packers Mentor-Protégé Program
June 10, 2020On Tuesday, June 9 Davis|Kuelthau’s Litigation attorney, Kathy L. Nusslock and Labor and Employment attorney, Anthony J. Steffek hosted a webinar for members of the Green Bay Packers Mentor-Protégé Program. The webinar addressed issues related to an increase in litigation concerns as the State opens and the liability of businesses for COVID related issues. For...
Read MoreWebinar | Returning to Work: What will business look like after COVID-19?
June 1, 2020Click here to view the Webinar On-Demand. Click here to access the PowerPoint Presentation. How will we work–and where? As local companies are rolling out new policies and procedures for the first phase of their return to work plan, many are struggling to get employees to return to the worksite while also seeking clarity on what their business...
Read MoreSBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions
May 16, 2020By: Lawrence J. Glusman On May 15, 2020, the SBA and the Treasury Department released the long-awaited Paycheck Protection Program (PPP) loan forgiveness application and detailed instructions. They also announced that additional regulations and guidance would soon issue to further assist borrowers as they complete their applications, and to assist lenders with their responsibilities. The...
Read MoreSafer At Home Overruled – Is It Business As Usual? | Business Liability Considerations
May 14, 2020By: Kathy L. Nusslock Part I of Our Business Liability Series on Returning to Work On May 13, 2020, the Wisconsin Supreme Court ruled the Secretary-designee of the Department of Health Services (DHS) failed to follow emergency rule procedures and exceeded her authority when she issued Emergency Order #28, ordering everyone to stay home, closing...
Read MoreRoundtable Discussion: Managing Your Workforce Through Reentry and Beyond
May 14, 2020Association of Corporate Counsel Wisconsin and Davis|Kuelthau collaborated on a Roundtable Discussion: Managing Your Workforce Through Reentry and Beyond on Thursday, May 14th. Davis|Kuelthau attorneys, Laurie E. Meyer, employment law and litigation, and Larry J. Glusman, commercial finance, along with fellow Association of Corporate Counsel Wisconsin members presented an exclusive roundtable addressing the breadth...
Read MoreGovernor Evers “Turns the Dial” to Begin Further Relaxing Restrictions on Businesses Categorized by the State as Non-Essential Retail
May 11, 2020By: Sherry D. Coley and Tiffany E. Woelfel On May 11, 2020, Governor Evers issued Emergency Order #36, which further relaxes restrictions on retail businesses categorized by the State as non-essential. The Order allows for non-essential retail businesses to open their doors to customers for in-person shopping, provided that the entrance into the store be...
Read MorePost COVID-19 Return to Work
April 28, 2020By: Robert W. Burns and Bruce B. Deadman Amidst all the controversy and uncertainty as to when both “essential” and “non-essential” businesses will reopen, one thing is certain: at some point in the future all businesses who have survived the crisis will reopen. This article focuses on some of the employment law issues and challenges...
Read MoreWebinar | COVID Era and Beyond: Managing Workforce Liability Under a New Normal
April 23, 2020Click here to watch the webinar on-demand. Click here to access the PowerPoint Presentation. The $2 trillion Coronavirus Aid, Relief and Economic Security Act (CARES) may help your business survive the economic downturn. But how is your company adapting to a new normal? In this complimentary webinar presented by BizTimes Media, in collaboration...
Read MoreNew State Relief Bill Marks Fundamental Change in Workers’ Compensation Law for “First Responders”
April 16, 2020By: Bruce B. Deadman Some media outlets, commentators and business organizations have expressed concern that as they return employees to work, employers may have potential liability on a variety of fronts. This came true for employers who have “first responders” in an important provision of the coronavirus relief package signed into law by Governor Evers...
Read MoreCARES Act: Educational Impact for School Districts
April 14, 2020By: Abby S. Busler The Coronavirus Aid, Relief and Economic Security (CARES) Act includes among its many provisions specific funding sources for Wisconsin school districts. This includes a Governor’s Emergency Education Relief Fund and an Elementary Secondary School Emergency Relief Fund. The CARES Act also created a higher education relief fund, but that is not...
Read MoreWhat’s in the Regular Rate? December 2019 DOL Rules and March 26, 2020 Opinion Letters Provide Clarification for the COVID-19 Era
April 8, 2020By: Bruce B. Deadman Many employers are bedeviled by the question of what payments need to be included under the Fair Labor Standards Act (FLSA) in an hourly employee’s hourly rate for the purpose of determining what their pay rate should be for overtime (hours worked over 40 in a workweek). This is often referred...
Read MoreFFCRA Regulations
April 8, 2020By: Abby S. Busler, Laurie E. Meyer, and James M. Kalny On April 1, 2020, the Department of Labor (DOL) issued its interim regulations in connection with the Families First Coronavirus Response Act (FFCRA), as title 29 of the Code of Federal Regulations part 826. The regulations are preceded by 82 pages of guidance. The...
Read MoreIRS Issues Strict Rules and Documentation Requirements for Required Paid Leave Credit, Launches Employee Retention Credit
April 1, 2020By: Bruce B. Deadman and Laurie E. Meyer Yesterday the IRS took two actions which have an immediate impact on employers regarding what documentation they must keep in order to get a refundable tax credit for their employees’ paid leave under the Families First Coronavirus Response Act (FFCRA), and how businesses may qualify for a...
Read MoreThe “Small Business Exemption” to the Families First Coronavirus Response Act (FFCRA): Who Qualifies? And What is the Exemption?
April 1, 2020By: Laurie E. Meyer Many employers are aware that when Congress initially passed the FFCRA, it allowed the Secretary of the Department of Labor (DOL) to issue later rules exempting employers with fewer than 50 employees (“small business”) from its requirements if compliance would jeopardize “the viability of the employer’s business as a going concern.”...
Read MoreUpdates Regarding Families First Coronavirus Response Act Date Change
March 30, 2020By: Abby S. Busler Recently, the Department of Labor (DOL) began issuing guidance and posters regarding the upcoming Families First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act (EFMLA). Most importantly, the initial start date has changed, and the FFCRA begins on...
Read MoreWebinar Replay: Managing Your Workforce in the #SaferAtHome Era
March 27, 2020Davis|Kuelthau hosted a complimentary webinar on Monday, March 30th for all Wisconsin businesses navigating the myriad employment hurdles stemming from the COVID-19 pandemic and the Essential Business mandates across Wisconsin. D|K Employment Law Attorneys, Laurie Meyer and Anthony Steffek, held a Q&A forum addressing topics such as: Telework Furloughs Layoffs FFCRA applicability for leave What employers can ask of...
Read More$2 Trillion Stimulus CARES Act – Educational and Labor Impacts
March 26, 2020By: Abby S. Busler While the majority of provisions in the CARES Act address loans and stimulus plans for individuals and businesses, the CARES Act also enacts additional legislation directly impacting schools and amends the Families First Coronavirus Response Act (FFCRA). The Act sets forth approximately $13.5 billion dollars through formula grants to States to...
Read MoreFAPE During a Pandemic, What Does it Mean?
March 26, 2020By: Abby S. Busler School Districts across the state are experiencing an upheaval of all that is normal and forced to react and adapt to the “new” normal. On March 24, 2020, Governor Evers set forth Emergency Order #12, issuing a Stay At Home order. That order specifically directed that schools will not be open...
Read MoreGovernor Evers Announces Order Allowing Only Essential Businesses to Remain Open; Designations for Wisconsin Are Pending
March 23, 2020By: Abby S. Busler On March 23, 2020, Governor Evers announced his plan to issue a #SaferAtHome order. This order will allow only “essential businesses” to remain open, encouraging social distancing and requesting that Wisconsinites stay at home. At Governor Evers’ 1:30 p.m. press conference, he announced the detailed order will be issued on Tuesday,...
Read MorePractical Technology Considerations for Employers Implementing Work at Home
March 23, 2020By: Katherine M. Hampel and M. Andrew Skwierawski As businesses have moved to largely remote operations in response to COVID-19, employers are at an increased risk for exposure of sensitive information and are more susceptible to cyber threats than in traditional office settings. While the potential health effects of the virus were known ahead of...
Read MoreEmployer Guidance: Preparing for a Positive COVID-19 Test Among Employees
March 23, 2020By: Abby S. Busler As the pandemic escalates, businesses are adapting and reacting to the changing times. It is likely that employers will have employees test positive with COVID-19 within the next few weeks and months. The positive tests will create employee absenteeism, changes in patterns of commerce and potential interruptions of supply/delivery. Many of...
Read MoreTelework, Shortened Work Schedules, Layoffs, and Worksite Closures: Handling Employment Interruptions in the Age of COVID-19
March 18, 2020By: Laurie E. Meyer and Abby S. Busler Virtually all employers are grappling with employment-related questions given the novel coronavirus (COVID-19) pandemic. Many employers are investigating or already implementing telework options. Unfortunately, many employers are being forced to consider furloughing employees (by reducing their days, hours, or shifts) or laying them off, whether temporarily or...
Read MoreNew Limits on Gatherings and Private Businesses in Wisconsin
March 17, 2020By: Sherry D. Coley and Tiffany E. Woelfel Executive Order #5 This afternoon, Governor Evers and Secretary Palm of the Department of Health Services issued Emergency Order #5 (“EO #5”) in a further attempt to restrict the spread of COVID-19. EO #5 restricts mass gatherings of 10 or more people and will substantially impact businesses...
Read MoreCOVID-19 Impact: Considerations for Business Shutdown Preparation
March 17, 2020By: Ryan M. Spott and Joseph E. Tierney IV As the impact of the COVID-19 pandemic continues to heighten, many business owners are faced with making the extremely difficult decision to close their doors in an effort to help reduce the spread of coronavirus. Such decisions can trigger wage and hour factors, supply chain ripple...
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Landlords
CDC Announces New Residential Eviction Moratorium Order Through End of 2020
September 11, 2020On September 1, 2020, the United States Department of Health and Human Services through the Center for Disease Control and Prevention (CDC) announced it was issuing a nationwide order temporarily halting certain residential evictions. (Order). The Order became effective beginning September 4, 2020 through the end of 2020. Landlords will now need to review and...
Read MoreCity of Milwaukee Board of Review Extends Property Tax Notice of Assessment Objection/Appeal Deadline to June 8, 2020
May 18, 2020By: Christopher J. Jaekels and Ryan M. Spott On Friday, May 15, 2020, the City of Milwaukee Board of Review voted to extend the deadline for filing assessment objections for 3 weeks to Monday, June 8, 2020, at 4:45 p.m. The Board of Review extended the deadline to assist residential property owners, many of whom...
Read MoreSBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions
May 16, 2020By: Lawrence J. Glusman On May 15, 2020, the SBA and the Treasury Department released the long-awaited Paycheck Protection Program (PPP) loan forgiveness application and detailed instructions. They also announced that additional regulations and guidance would soon issue to further assist borrowers as they complete their applications, and to assist lenders with their responsibilities. The...
Read MoreSafer At Home Overruled – Is It Business As Usual? | Business Liability Considerations
May 14, 2020By: Kathy L. Nusslock Part I of Our Business Liability Series on Returning to Work On May 13, 2020, the Wisconsin Supreme Court ruled the Secretary-designee of the Department of Health Services (DHS) failed to follow emergency rule procedures and exceeded her authority when she issued Emergency Order #28, ordering everyone to stay home, closing...
Read MoreNo Hidden Late Fees: Wisconsin Prohibits Residential Landlords from Charging Fees and Penalties for Late Rent Payment during the COVID-19 Pandemic
May 5, 2020By: Blake A. Nold and Michael T. Van Someren The coronavirus pandemic has led to the vast majority of states across America issuing orders affecting the rights of landlords, tenants, and financial institutions. Here in Wisconsin, Governor Evers issued Emergency Order #15, placing a temporary ban on eviction actions from March 27, 2020 through May...
Read MoreCity of Milwaukee Property Tax Notice of Assessment Objection/Appeal Deadline – May 18, 2020
May 5, 2020By: Christopher J. Jaekels and Ryan M. Spott On Friday, May 15, 2020, the City of Milwaukee Board of Review voted to extend the deadline for filing assessment objections for 3 weeks to Monday, June 8, 2020, at 4:45 p.m. For more details, see our May 18 article, City of Milwaukee Board of Review Extends...
Read MoreThe Rise of Real Estate Funds – How Real Estate Investors Can Efficiently Raise Capital to Facilitate Development and Acquisitions
April 20, 2020By: Michael Van Someren and Joseph E. Tierney IV Real estate funds have been on the rise in recent years for a variety of reasons including deregulation, low interest rates, investors seeking a higher return on investment, and a desire by many investors to invest in tangible assets rather than stocks and bonds. With recent...
Read MoreStrategies for Landlords in Dealing with Tenants in Light of COVID-19
April 20, 2020By: Joseph E. Tierney IV and Michael Van Someren Tenant economic issues due to COVID-19 have been well publicized and programs have been put in place to help tenants. Landlords, on the other hand, feel much of the same pain but that pain has not been well publicized, nor has it been addressed by federal...
Read MoreTo Keep Your Real Estate Deals Moving, Consider a Pause Provision
April 16, 2020By: Robert W. Habich and Ethan C. Geis Within less than a month, the outbreak of COVID-19, and government countermeasures deployed to blunt its effect, has brought a vibrant economy grinding to a halt. In particular, what was a lively commercial real estate market buttressed by strong economic fundamentals, only weeks ago, is beginning to...
Read MoreGovernor Evers Orders Suspension of Evictions and Foreclosures for 60 Days During COVID-19 Crisis
March 30, 2020By: Sherry D. Coley and Tiffany E. Woelfel On March 27, 2020, Governor Evers issued Emergency Order #15, which temporarily bans evections and foreclosure actions over the next 60 days. Landlords and financial institutions must take note of the various restrictions imposed by Emergency Order #15. Provisions Affecting Landlords First, a landlord’s ability to serve...
Read MoreStay-At-Home and Safer At Home Orders Impose Restrictions on Residential Landlords and Rental Property Managers
March 24, 2020By: Daniel A. Kaminsky On March 23, 2020, the City of Milwaukee Health Department published the Order of the City of Milwaukee Commissioner of Health Imposing A City-Wide “Stay-At-Home” Requirement To Mitigate The Spread of COVID-19 (the “City of Milwaukee Order”)[1]. On March 24, 2020, the State of Wisconsin Department of Health Services published Emergency...
Read MoreLandlords and Lenders Encouraged to Consider Creative Options (Updated March 27, 2020)
March 24, 2020By: Sherry D. Coley and Tiffany E. Woelfel As more tenants, both residential and commercial, face financial difficulties during the COVID-19 crisis, landlords should try to work with tenants and consider creative options since traditional remedies, such as evictions, are unavailable and may remain so for some time. On March 18, 2020, Milwaukee Circuit Court...
Read MoreCoronavirus Challenges for Commercial Landlords
March 17, 2020By: Ethan C. Geis and Mike T. Van Someren The COVID-19 virus is having negative effects on many aspects of life in the world, not least including economics close to home. Unfortunately, commercial real estate and capital markets are not immune to these effects. In light of the modern real estate investment, which almost always...
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Lenders
SBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions
May 16, 2020By: Lawrence J. Glusman On May 15, 2020, the SBA and the Treasury Department released the long-awaited Paycheck Protection Program (PPP) loan forgiveness application and detailed instructions. They also announced that additional regulations and guidance would soon issue to further assist borrowers as they complete their applications, and to assist lenders with their responsibilities. The...
Read MoreSafer At Home Overruled – Is It Business As Usual? | Business Liability Considerations
May 14, 2020By: Kathy L. Nusslock Part I of Our Business Liability Series on Returning to Work On May 13, 2020, the Wisconsin Supreme Court ruled the Secretary-designee of the Department of Health Services (DHS) failed to follow emergency rule procedures and exceeded her authority when she issued Emergency Order #28, ordering everyone to stay home, closing...
Read MoreSBA Creates New Safe Harbor for PPP Certification Review: Loans Under $2 Million Deemed Certified in Good Faith and Loans Over $2 Million Subject to Possible Loss of Forgiveness (Updated May 14, 2020: New PPP FAQ #47 published)
May 13, 2020By: Lawrence J. Glusman Second Round of May 13, 2020 SBA Updates | New PPP FAQ #47 Published 47. Question: An SBA interim final rule posted on May 8, 2020 provided that any borrower who applied for a PPP loan and repays the loan in full by May 14, 2020 will be deemed by...
Read MoreBreaking News: SBA Extends PPP Safe Harbor Repayment Deadline to May 14: Promises Additional Guidance on Certification Review
May 5, 2020By: Lawrence J. Glusman The SBA just issued a brand new FAQ, #43, which grants an automatic 1-week extension to the PPP loan repayment safe harbor until May 14. Borrowers do not need to formally request the extension. The SBA will implement it through a revision to the Interim Final Rule which created the safe...
Read MoreSave Small Business Fund: Provides Grants to the Smallest of Small Businesses, Opens April 20
April 17, 2020By: Sherry D. Coley and Tiffany E. Woelfel The United States Chamber of Commerce Foundation has established the Save Small Business Fund to provide short-term relief to small employers affected by the COVID-19 crisis. The Save Small Business Fund will provide a one-time grant of $5,000 to small businesses to use for business expenses. In...
Read MoreWebinar Replay: Understanding the CARES Act — Presented by BizTimes Media
April 6, 2020Please scroll to the bottom of the page to view the webinar replay and access the presentation materials. The federal government’s $2 trillion economic stimulus bill can help your company survive. But you have to understand NOW what’s in it for you and how to apply for funds. This bill is a game changer for...
Read MoreStay-At-Home and Safer At Home Orders Impose Restrictions on Residential Landlords and Rental Property Managers
March 24, 2020By: Daniel A. Kaminsky On March 23, 2020, the City of Milwaukee Health Department published the Order of the City of Milwaukee Commissioner of Health Imposing A City-Wide “Stay-At-Home” Requirement To Mitigate The Spread of COVID-19 (the “City of Milwaukee Order”)[1]. On March 24, 2020, the State of Wisconsin Department of Health Services published Emergency...
Read MoreLandlords and Lenders Encouraged to Consider Creative Options (Updated March 27, 2020)
March 24, 2020By: Sherry D. Coley and Tiffany E. Woelfel As more tenants, both residential and commercial, face financial difficulties during the COVID-19 crisis, landlords should try to work with tenants and consider creative options since traditional remedies, such as evictions, are unavailable and may remain so for some time. On March 18, 2020, Milwaukee Circuit Court...
Read MoreDFI Licensed Lenders and Payday Lenders Should Be Cautious During COVID-19 Crisis
March 19, 2020By: Sherry D. Coley and Tiffany E. Woelfel On March 18, 2020, the Wisconsin Department of Financial Institutions (“DFI”) issued emergency guidance to licensed lenders and payday lenders cautioning them from increasing customary interest rates, fees, or any costs of borrowing in response to the COVID-19 crisis. DFI explicitly warned that increases will be monitored...
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Litigation
COVID-19 Waivers: Can They Reduce Your Business Risk?
June 18, 2020By: Lisa Kleiner Wood and Ethan C. Geis As states begin to reopen and loosen restrictions on public gatherings and business closures in response to the COVID-19 pandemic, business managers, event coordinators, and property owners are seeking to get back to a semblance of normalcy. However, at least in the near term, it appears that...
Read MoreWebinar | Litigation Concerns Spike as the State Opens – Green Bay Packers Mentor-Protégé Program
June 10, 2020On Tuesday, June 9 Davis|Kuelthau’s Litigation attorney, Kathy L. Nusslock and Labor and Employment attorney, Anthony J. Steffek hosted a webinar for members of the Green Bay Packers Mentor-Protégé Program. The webinar addressed issues related to an increase in litigation concerns as the State opens and the liability of businesses for COVID related issues. For...
Read MoreCMS Recommends States Use “Extreme Caution” in Relaxing Nursing Home Restrictions
May 19, 2020By: Alec Dobson The Centers for Medicare & Medicaid Services issued recommendations on May 18 to state and local officials across the country for when nursing homes can relax certain restrictions on visitation, screening, and services related to the COVID-19 pandemic. The recommendations envision moving in three phases. Nursing homes would “reopen” more slowly than...
Read MoreSafer At Home Overruled – Is It Business As Usual? | Business Liability Considerations
May 14, 2020By: Kathy L. Nusslock Part I of Our Business Liability Series on Returning to Work On May 13, 2020, the Wisconsin Supreme Court ruled the Secretary-designee of the Department of Health Services (DHS) failed to follow emergency rule procedures and exceeded her authority when she issued Emergency Order #28, ordering everyone to stay home, closing...
Read MoreRoundtable Discussion: Managing Your Workforce Through Reentry and Beyond
May 14, 2020Association of Corporate Counsel Wisconsin and Davis|Kuelthau collaborated on a Roundtable Discussion: Managing Your Workforce Through Reentry and Beyond on Thursday, May 14th. Davis|Kuelthau attorneys, Laurie E. Meyer, employment law and litigation, and Larry J. Glusman, commercial finance, along with fellow Association of Corporate Counsel Wisconsin members presented an exclusive roundtable addressing the breadth...
Read MoreSave Small Business Fund: Provides Grants to the Smallest of Small Businesses, Opens April 20
April 17, 2020By: Sherry D. Coley and Tiffany E. Woelfel The United States Chamber of Commerce Foundation has established the Save Small Business Fund to provide short-term relief to small employers affected by the COVID-19 crisis. The Save Small Business Fund will provide a one-time grant of $5,000 to small businesses to use for business expenses. In...
Read MoreTake Caution with Filing Deadlines During COVID-19 Crisis
April 1, 2020By: Sherry D. Coley and Tiffany E. Woelfel On March 22, 2020, the Supreme Court of Wisconsin ordered that all in-person proceedings at the trial court and appellate court levels are suspended until April 30, 2020. Despite ordering this suspension, the order explicitly declared that the Wisconsin Courts will remain open. The Eastern and Western...
Read MoreAnticipatory Breach of Contracts May Become More Common in a Time of Uncertainty
March 25, 2020By: Timothy J. Feldhausen The term “anticipatory breach” or “anticipatory repudiation” does not come up very often outside of the courtroom, but in this time of COVID-19 and disrupted supply chains around the world, it deserves a closer look. Anticipatory breach occurs when a party to a contract demonstrates, either through its words or its...
Read MoreProceed, Pause or Be Damned? Immediate Construction Contract Considerations for Owners and Contractors
March 20, 2020By: Matthew R. McClean COVID-19 is causing many of us to alter expectations. Many in the construction industry are confronting this reality and need to prepare for the potential legal implications. Construction businesses are looking at three significant, interrelated issues from virus’ impact: labor (having healthy, able workers available in the time of social distancing...
Read MoreCOVID-19 and Contract Enforceability
March 20, 2020By: Daniel A. Kaminsky In the coming days, weeks, and months, it is likely that we will see failures to perform under contracts that are related to COVID-19 (e.g., failures to perform arising out of the ongoing temporary closures of businesses and institutions across the State of Wisconsin, the United States of America, and globally). ...
Read MoreBusiness Interruption Insurance for COVID-19
March 18, 2020By: Brian J. Pfeil The restrictions put in place to halt the spread of COVID-19 – such as limiting crowd size, closing restaurants and taverns, and shuttering of professional sports leagues – are critically stressing many of your businesses. One possible form of relief to the financial stress is insurance coverage, including business interruption and...
Read MoreImpact of COVID-19 on Supply Chain Contracts and Responding to Force Majeure Claims
March 12, 2020By: Joseph E. Tierney IV Has COVID-19, the coronavirus, caused supply chain problems for your business? Review your contracts for a “force majeure” clause. A force majeure clause is a common provision in contracts. It is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of...
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Manufacturing
COVID-19 Waivers: Can They Reduce Your Business Risk?
June 18, 2020By: Lisa Kleiner Wood and Ethan C. Geis As states begin to reopen and loosen restrictions on public gatherings and business closures in response to the COVID-19 pandemic, business managers, event coordinators, and property owners are seeking to get back to a semblance of normalcy. However, at least in the near term, it appears that...
Read MoreCDC’s Detailed Guidance to Reopen Businesses
May 21, 2020By: Abby S. Busler The Center for Disease Control (“CDC”) has issued 60 pages of detailed guidance to reopen businesses, health care facilities and providers, schools, transit, and other industries. This guidance also provides information regarding testing and data to assist with exposure and risk concerns for those industries. The following is an overview of...
Read MoreSBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions
May 16, 2020By: Lawrence J. Glusman On May 15, 2020, the SBA and the Treasury Department released the long-awaited Paycheck Protection Program (PPP) loan forgiveness application and detailed instructions. They also announced that additional regulations and guidance would soon issue to further assist borrowers as they complete their applications, and to assist lenders with their responsibilities. The...
Read MoreSafer At Home Overruled – Is It Business As Usual? | Business Liability Considerations
May 14, 2020By: Kathy L. Nusslock Part I of Our Business Liability Series on Returning to Work On May 13, 2020, the Wisconsin Supreme Court ruled the Secretary-designee of the Department of Health Services (DHS) failed to follow emergency rule procedures and exceeded her authority when she issued Emergency Order #28, ordering everyone to stay home, closing...
Read MoreWisconsin’s New Safer At Home Order Alters Restrictions on Businesses
April 16, 2020By: Sherry D. Coley and Tiffany E. Woelfel On April 16, 2020, Governor Evers and the Department of Health Services issued an extension to the Safer At Home Order. Emergency Order #28 will begin on April 24, 2020, and will continue until May 26, 2020, at 8 a.m., unless altered. The extended Order provides new...
Read MoreWisconsin Offers Legal Protection for Those Manufacturing Emergency Medical Supplies
April 16, 2020By: Sherry D. Coley and Tiffany E. Woelfel On April 15, 2020, Governor Evers signed into law Wisconsin’s first state-wide legislative response to the COVID-19 crisis: 2019 Wisconsin Act 185 (the “Act”). The new Act provides civil immunity to specific individuals or companies for death or injury to a person caused by the “emergency medical...
Read MoreGuidance to Manufacturers in Managing Operations during the COVID-19 Crisis
March 23, 2020By: Sherry D. Coley and Tiffany E. Woelfel As the COVID-19 crisis continues for the foreseeable future, manufacturers will become the life-line of our country for two reasons. First, manufacturers will be relied upon to produce much needed supplies, both medical and home-essential supplies. Second, manufacturers will be critical to keeping the supply chains from...
Read MoreNew Limits on Gatherings and Private Businesses in Wisconsin
March 17, 2020By: Sherry D. Coley and Tiffany E. Woelfel Executive Order #5 This afternoon, Governor Evers and Secretary Palm of the Department of Health Services issued Emergency Order #5 (“EO #5”) in a further attempt to restrict the spread of COVID-19. EO #5 restricts mass gatherings of 10 or more people and will substantially impact businesses...
Read MoreImpact of COVID-19 on Supply Chain Contracts and Responding to Force Majeure Claims
March 12, 2020By: Joseph E. Tierney IV Has COVID-19, the coronavirus, caused supply chain problems for your business? Review your contracts for a “force majeure” clause. A force majeure clause is a common provision in contracts. It is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of...
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Municipal
CDC’s Detailed Guidance to Reopen Businesses
May 21, 2020By: Abby S. Busler The Center for Disease Control (“CDC”) has issued 60 pages of detailed guidance to reopen businesses, health care facilities and providers, schools, transit, and other industries. This guidance also provides information regarding testing and data to assist with exposure and risk concerns for those industries. The following is an overview of...
Read MoreCMS Recommends States Use “Extreme Caution” in Relaxing Nursing Home Restrictions
May 19, 2020By: Alec Dobson The Centers for Medicare & Medicaid Services issued recommendations on May 18 to state and local officials across the country for when nursing homes can relax certain restrictions on visitation, screening, and services related to the COVID-19 pandemic. The recommendations envision moving in three phases. Nursing homes would “reopen” more slowly than...
Read MoreCity of Milwaukee Board of Review Extends Property Tax Notice of Assessment Objection/Appeal Deadline to June 8, 2020
May 18, 2020By: Christopher J. Jaekels and Ryan M. Spott On Friday, May 15, 2020, the City of Milwaukee Board of Review voted to extend the deadline for filing assessment objections for 3 weeks to Monday, June 8, 2020, at 4:45 p.m. The Board of Review extended the deadline to assist residential property owners, many of whom...
Read MoreLocal Safer at Home Orders — Can They do That? — Legally?
May 15, 2020By: James M. Kalny On May 13, 2020 the Wisconsin Supreme Court in a split decision, struck down the Executive Order 28 Safer at Home (SAH). The same day the decision was announced counties and some municipalities started enacting their own health orders. In several cases the orders simply stated that the SAH and a...
Read MoreSafer At Home Overruled – Is It Business As Usual? | Business Liability Considerations
May 14, 2020By: Kathy L. Nusslock Part I of Our Business Liability Series on Returning to Work On May 13, 2020, the Wisconsin Supreme Court ruled the Secretary-designee of the Department of Health Services (DHS) failed to follow emergency rule procedures and exceeded her authority when she issued Emergency Order #28, ordering everyone to stay home, closing...
Read MoreWebinar Replay: On the First Day of FFCRA a Lawyer Gave to Me… Navigating Municipal Hurdles in the #SaferAtHome Era
March 31, 2020The impact of COVID-19 is imparting an unprecedented burden on municipalities across Wisconsin. Breaking news is the new constant, leaving elected officials and administrators buried in pending urgent decisions amidst a sea of uncertainty. Davis|Kuelthau is dedicated to helping each of you through these challenging times. Members of our Municipal Team, James M. Kalny, Anthony (Tony) Steffek and Abby Busler held a live...
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Non-Profit Organizations
Community Organizations Create Fund to Offer Grants to Support Northeast Wisconsin Non-Profits Impacted by COVID-19
March 25, 2020By: Sherry D. Coley and Tiffany E. Woelfel While everyone is feeling the impact of COVID-19, community non-profits and schools are rallying to provide relief and services—such as food—to those in need, while also being impacted by decreased funds and fewer volunteers. Now, community organizations across Northeast Wisconsin are stepping up to provide support to...
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Paycheck Protection Program
SBA Issues “Change of Ownership” Procedures for PPP Borrowers: M&A Transactions Must Now Be Reviewed for Compliance
October 7, 2020On October 2, 2020, the Small Business Administration (SBA) issued a procedural notice regarding changes of ownership of an entity that has received Paycheck Protection Program (PPP) funds. The notice does three main things – defines when a “change of ownership” is deemed to have occurred, details when and how lenders may unilaterally approve an...
Read MoreSBA Releases Revised and EZ Forms For PPP Loan Forgiveness Application: What’s New, What Changed and What Stayed the Same
June 18, 2020By: Lawrence J. Glusman On June 16, 2020, the SBA released a revised PPP loan forgiveness application form and instructions, along with a brand new “EZ” version and instructions. The forms implement provisions of the recent PPP Flexibility Act of 2020 (signed into law on June 5, 2020) and address criticism that the original forgiveness...
Read MoreWebinar | PPP Flexibility Act of 2020: What Are Your Options Now?
June 11, 2020Click here to view the Webinar On-Demand. Click here to access the PowerPoint Presentation. You’ve heard about the new PPP Flexibility Act of 2020, but what does it mean for your business? The Act may be relatively straightforward, but for many the decision process is not. Options have been expanded since you applied for the loan back in...
Read MoreSBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions
May 16, 2020By: Lawrence J. Glusman On May 15, 2020, the SBA and the Treasury Department released the long-awaited Paycheck Protection Program (PPP) loan forgiveness application and detailed instructions. They also announced that additional regulations and guidance would soon issue to further assist borrowers as they complete their applications, and to assist lenders with their responsibilities. The...
Read MoreSBA Creates New Safe Harbor for PPP Certification Review: Loans Under $2 Million Deemed Certified in Good Faith and Loans Over $2 Million Subject to Possible Loss of Forgiveness (Updated May 14, 2020: New PPP FAQ #47 published)
May 13, 2020By: Lawrence J. Glusman Second Round of May 13, 2020 SBA Updates | New PPP FAQ #47 Published 47. Question: An SBA interim final rule posted on May 8, 2020 provided that any borrower who applied for a PPP loan and repays the loan in full by May 14, 2020 will be deemed by...
Read MoreBreaking News: SBA Extends PPP Safe Harbor Repayment Deadline to May 14: Promises Additional Guidance on Certification Review
May 5, 2020By: Lawrence J. Glusman The SBA just issued a brand new FAQ, #43, which grants an automatic 1-week extension to the PPP loan repayment safe harbor until May 14. Borrowers do not need to formally request the extension. The SBA will implement it through a revision to the Interim Final Rule which created the safe...
Read MoreLimited Safe Harbor May 14 Deadline Looms: Did I Misunderstand or Misapply the PPP Borrower Certification?
May 5, 2020By: Lawrence J. Glusman These days you can’t have a conversation with a business owner without mentioning the Paycheck Protection Program. It’s like the weather. Everybody knows something about it, but nobody knows everything about it. Not even the government. As businesses and their lawyers, accountants and bankers collectively await guidance from the Treasury on...
Read MoreWebinar Replay: Understanding the CARES Act — Presented by BizTimes Media
April 6, 2020Please scroll to the bottom of the page to view the webinar replay and access the presentation materials. The federal government’s $2 trillion economic stimulus bill can help your company survive. But you have to understand NOW what’s in it for you and how to apply for funds. This bill is a game changer for...
Read MoreWebinar Replay – Paycheck Protection Program: Factors for Considering a Loan
March 31, 2020*Please scroll to the bottom of the page to view the webinar replay and to access the PowerPoint presentation. Business leaders, interested in what many are referring to as “free money”? Davis|Kuelthau hosted a complimentary webinar for Wisconsin businesses — borrowers and lenders — navigating the emergency loans recently made available through the Coronavirus Aid,...
Read MoreBorrowers Under SBA 504 and SBA 7(a) Loan Programs Eligible for Deferral of Principal, Interest and Fees for up to Six Months
March 20, 2020By: Lawrence J. Glusman and Michael Van Someren To address temporary business interruptions, U.S. Small Business Administration (SBA) lenders nationwide have authority to defer payments of principal, interest and servicing fees for up to six months. Borrowers with existing loans under the SBA 504 Loan (Certified Development Company) program and the SBA 7(a) Loan Guarantee...
Read MoreEmployer Relief May Be in Sight – Senate Bill Includes Forgivable Loans to Maintain Payroll for Next Four Months
March 20, 2020By: Michael Van Someren and Lawrence J. Glusman The Senate is currently considering a bill that could greatly increase the ability of employers to retain their employees. The Coronavirus Aid, Relief, and Economic Security Act or “CARES Act” is currently being considered by the U.S. Senate. While it has not yet passed and includes a...
Read MorePresident Trump Signs Relief Package for Employers: Families First Coronavirus Response Act
March 19, 2020By: Abby S. Busler, Gini L. Hendrickson and Laurie E. Meyer Late last night, President Trump signed the Families First Coronavirus Response Act (FFCRA), an emergency relief package designed to assist employers and employees in the wake of the 2019 coronavirus pandemic (COVID-19). This signature is on the heels of the Senate which voted to...
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Securities
SEC Emphasizes Anti-Fraud Protections During COVID-19 Pandemic
March 25, 2020By: Timothy J. Feldhausen On March 23, 2020, the co-directors of the Division of Enforcement of the U.S. Securities and Exchange Commission (SEC) issued a statement regarding market integrity during the COVID-19 pandemic[1]. Specifically, the statement serves to remind public companies of their obligations to maintain disclosure controls and procedures regarding material nonpublic information. The...
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Small Businesses
Milwaukee Business Journal’s Family-Owned Business Virtual Event
September 2, 2020Davis|Kuelthau is a proud sponsor of the Milwaukee Business Journal’s Friday, October 9, 2020 Family-Owned Business Virtual Event. Click here to watch the on-demand recording. Family-owned businesses make up 80 to 90% of all businesses in North America. 2020 has most certainly not been family business as usual. In addition to the unique set of...
Read MoreGiven Remote and Hybrid Re-Opening of Schools, When Is a School “Closed” and When Can Employees Take Expanded FMLA? Department of Labor Issues Updated Guidance
August 28, 2020Employers may be expecting an increase in requests for Families First Coronavirus Response Act (FFCRA) leave as the new school year is upon us. But many employers may have questions about when and under what circumstances an employee can qualify for FFCRA leave, given the varying ways that schools “reopen.” Some schools are beginning the...
Read MoreCOVID-19 Waivers: Can They Reduce Your Business Risk?
June 18, 2020By: Lisa Kleiner Wood and Ethan C. Geis As states begin to reopen and loosen restrictions on public gatherings and business closures in response to the COVID-19 pandemic, business managers, event coordinators, and property owners are seeking to get back to a semblance of normalcy. However, at least in the near term, it appears that...
Read MoreCDC’s Detailed Guidance to Reopen Businesses
May 21, 2020By: Abby S. Busler The Center for Disease Control (“CDC”) has issued 60 pages of detailed guidance to reopen businesses, health care facilities and providers, schools, transit, and other industries. This guidance also provides information regarding testing and data to assist with exposure and risk concerns for those industries. The following is an overview of...
Read MoreLocal Safer At Home Orders Changed Rapidly After Statewide Order Struck Down; Businesses Encouraged to Review Local Orders Regularly to Ensure Compliance
May 19, 2020By: Sherry D. Coley and Tiffany E. Woelfel After the Wisconsin Supreme Court struck down the statewide Safer At Home order on Wednesday, May 13, 2020, a number of local governments, at the county, city, and village levels, began issuing their own Safer At Home orders. By Wednesday evening, Brown and Dane Counties had issued...
Read MoreCity of Milwaukee Board of Review Extends Property Tax Notice of Assessment Objection/Appeal Deadline to June 8, 2020
May 18, 2020By: Christopher J. Jaekels and Ryan M. Spott On Friday, May 15, 2020, the City of Milwaukee Board of Review voted to extend the deadline for filing assessment objections for 3 weeks to Monday, June 8, 2020, at 4:45 p.m. The Board of Review extended the deadline to assist residential property owners, many of whom...
Read MoreSBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions
May 16, 2020By: Lawrence J. Glusman On May 15, 2020, the SBA and the Treasury Department released the long-awaited Paycheck Protection Program (PPP) loan forgiveness application and detailed instructions. They also announced that additional regulations and guidance would soon issue to further assist borrowers as they complete their applications, and to assist lenders with their responsibilities. The...
Read MoreSafer At Home Overruled – Is It Business As Usual? | Business Liability Considerations
May 14, 2020By: Kathy L. Nusslock Part I of Our Business Liability Series on Returning to Work On May 13, 2020, the Wisconsin Supreme Court ruled the Secretary-designee of the Department of Health Services (DHS) failed to follow emergency rule procedures and exceeded her authority when she issued Emergency Order #28, ordering everyone to stay home, closing...
Read MoreBusinesses Must Be Aware of Local Safer At Home Orders, Including Those in Brown, Dane, Kenosha, and Rock Counties, Parts of Milwaukee County, and the Cities of Appleton, Madison, Milwaukee, and Racine
May 14, 2020By: Sherry D. Coley and Tiffany E. Woelfel May 15, 2020, 4:00 PM Update This article was originally published the morning of May 14, 2020, and was accurate as of the time of publishing. Since publication, a number of additional counties and local governments have implemented Safer At Home Orders. Additionally, a number of counties...
Read MoreSBA Creates New Safe Harbor for PPP Certification Review: Loans Under $2 Million Deemed Certified in Good Faith and Loans Over $2 Million Subject to Possible Loss of Forgiveness (Updated May 14, 2020: New PPP FAQ #47 published)
May 13, 2020By: Lawrence J. Glusman Second Round of May 13, 2020 SBA Updates | New PPP FAQ #47 Published 47. Question: An SBA interim final rule posted on May 8, 2020 provided that any borrower who applied for a PPP loan and repays the loan in full by May 14, 2020 will be deemed by...
Read MoreGovernor Evers “Turns the Dial” to Begin Further Relaxing Restrictions on Businesses Categorized by the State as Non-Essential Retail
May 11, 2020By: Sherry D. Coley and Tiffany E. Woelfel On May 11, 2020, Governor Evers issued Emergency Order #36, which further relaxes restrictions on retail businesses categorized by the State as non-essential. The Order allows for non-essential retail businesses to open their doors to customers for in-person shopping, provided that the entrance into the store be...
Read MoreBreaking News: SBA Extends PPP Safe Harbor Repayment Deadline to May 14: Promises Additional Guidance on Certification Review
May 5, 2020By: Lawrence J. Glusman The SBA just issued a brand new FAQ, #43, which grants an automatic 1-week extension to the PPP loan repayment safe harbor until May 14. Borrowers do not need to formally request the extension. The SBA will implement it through a revision to the Interim Final Rule which created the safe...
Read MoreLimited Safe Harbor May 14 Deadline Looms: Did I Misunderstand or Misapply the PPP Borrower Certification?
May 5, 2020By: Lawrence J. Glusman These days you can’t have a conversation with a business owner without mentioning the Paycheck Protection Program. It’s like the weather. Everybody knows something about it, but nobody knows everything about it. Not even the government. As businesses and their lawyers, accountants and bankers collectively await guidance from the Treasury on...
Read MorePost COVID-19 Return to Work
April 28, 2020By: Robert W. Burns and Bruce B. Deadman Amidst all the controversy and uncertainty as to when both “essential” and “non-essential” businesses will reopen, one thing is certain: at some point in the future all businesses who have survived the crisis will reopen. This article focuses on some of the employment law issues and challenges...
Read MoreSave Small Business Fund: Provides Grants to the Smallest of Small Businesses, Opens April 20
April 17, 2020By: Sherry D. Coley and Tiffany E. Woelfel The United States Chamber of Commerce Foundation has established the Save Small Business Fund to provide short-term relief to small employers affected by the COVID-19 crisis. The Save Small Business Fund will provide a one-time grant of $5,000 to small businesses to use for business expenses. In...
Read MoreWisconsin’s New Safer At Home Order Alters Restrictions on Businesses
April 16, 2020By: Sherry D. Coley and Tiffany E. Woelfel On April 16, 2020, Governor Evers and the Department of Health Services issued an extension to the Safer At Home Order. Emergency Order #28 will begin on April 24, 2020, and will continue until May 26, 2020, at 8 a.m., unless altered. The extended Order provides new...
Read MoreTo Keep Your Real Estate Deals Moving, Consider a Pause Provision
April 16, 2020By: Robert W. Habich and Ethan C. Geis Within less than a month, the outbreak of COVID-19, and government countermeasures deployed to blunt its effect, has brought a vibrant economy grinding to a halt. In particular, what was a lively commercial real estate market buttressed by strong economic fundamentals, only weeks ago, is beginning to...
Read MoreWhat’s in the Regular Rate? December 2019 DOL Rules and March 26, 2020 Opinion Letters Provide Clarification for the COVID-19 Era
April 8, 2020By: Bruce B. Deadman Many employers are bedeviled by the question of what payments need to be included under the Fair Labor Standards Act (FLSA) in an hourly employee’s hourly rate for the purpose of determining what their pay rate should be for overtime (hours worked over 40 in a workweek). This is often referred...
Read MoreWebinar Replay: Understanding the CARES Act — Presented by BizTimes Media
April 6, 2020Please scroll to the bottom of the page to view the webinar replay and access the presentation materials. The federal government’s $2 trillion economic stimulus bill can help your company survive. But you have to understand NOW what’s in it for you and how to apply for funds. This bill is a game changer for...
Read MoreIRS Issues Strict Rules and Documentation Requirements for Required Paid Leave Credit, Launches Employee Retention Credit
April 1, 2020By: Bruce B. Deadman and Laurie E. Meyer Yesterday the IRS took two actions which have an immediate impact on employers regarding what documentation they must keep in order to get a refundable tax credit for their employees’ paid leave under the Families First Coronavirus Response Act (FFCRA), and how businesses may qualify for a...
Read MoreThe “Small Business Exemption” to the Families First Coronavirus Response Act (FFCRA): Who Qualifies? And What is the Exemption?
April 1, 2020By: Laurie E. Meyer Many employers are aware that when Congress initially passed the FFCRA, it allowed the Secretary of the Department of Labor (DOL) to issue later rules exempting employers with fewer than 50 employees (“small business”) from its requirements if compliance would jeopardize “the viability of the employer’s business as a going concern.”...
Read MoreWebinar Replay – Paycheck Protection Program: Factors for Considering a Loan
March 31, 2020*Please scroll to the bottom of the page to view the webinar replay and to access the PowerPoint presentation. Business leaders, interested in what many are referring to as “free money”? Davis|Kuelthau hosted a complimentary webinar for Wisconsin businesses — borrowers and lenders — navigating the emergency loans recently made available through the Coronavirus Aid,...
Read MoreUpdates Regarding Families First Coronavirus Response Act Date Change
March 30, 2020By: Abby S. Busler Recently, the Department of Labor (DOL) began issuing guidance and posters regarding the upcoming Families First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act (EFMLA). Most importantly, the initial start date has changed, and the FFCRA begins on...
Read MoreWebinar Replay: Managing Your Workforce in the #SaferAtHome Era
March 27, 2020Davis|Kuelthau hosted a complimentary webinar on Monday, March 30th for all Wisconsin businesses navigating the myriad employment hurdles stemming from the COVID-19 pandemic and the Essential Business mandates across Wisconsin. D|K Employment Law Attorneys, Laurie Meyer and Anthony Steffek, held a Q&A forum addressing topics such as: Telework Furloughs Layoffs FFCRA applicability for leave What employers can ask of...
Read More$2 Trillion Stimulus CARES Act – Educational and Labor Impacts
March 26, 2020By: Abby S. Busler While the majority of provisions in the CARES Act address loans and stimulus plans for individuals and businesses, the CARES Act also enacts additional legislation directly impacting schools and amends the Families First Coronavirus Response Act (FFCRA). The Act sets forth approximately $13.5 billion dollars through formula grants to States to...
Read MoreCoronavirus Aid, Relief, and Economic Security Act (CARES): Title IV – Assistance to Severely Distressed Sectors of the United States Economy
March 26, 2020By: Ryan M. Spott, Danielle S. Fadel and Kathy L. Nusslock On March 25, 2020, the United States Senate approved the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”), a $2 trillion stimulus deal that aims to provide emergency assistance and health care response for individuals, families and businesses affected by the 2020...
Read MoreCARES Act: Robust Tax Benefits for Businesses
March 26, 2020By: Gini L. Hendrickson and Mark G. Kmiecik Near the midnight hour on March 25, 2020, the U.S. Senate unanimously passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) which includes numerous robust tax benefits to businesses in its $2 trillion aid package designed to assist the economy as it endures the effects...
Read MoreOld Fashioned to Go? Alcohol Beverages May Be Ordered on a Carry-Out Basis During the COVID-19 Pandemic
March 26, 2020By: Brian C. Randall and Danielle S. Fadel On March 17, 2020, Governor Evers issued Emergency Order #5 to restrict mass gatherings of 10 or more people (as described in this article New Limits on Gatherings and Private Businesses in Wisconsin), which included a mandate that restaurants only offer take-out or delivery services as no...
Read MoreGuidance for Businesses Resolving Multiple “Shelter in Place” Orders and Differing Definitions of “Essential Business”
March 25, 2020By: Sherry D. Coley and Tiffany E. Woelfel Although California was the first state to issue a “shelter in place” order on March 19, 2020, it quickly became clear that it would not be the last. Since the 19th, approximately 21 states have issued similar orders as they combat the COVID-19 outbreak and try to...
Read MoreAre You an “Essential Business” in Wisconsin Under the Safer At Home Order?
March 24, 2020By: Mark G. Kmiecik, Abby S. Busler and Ryan M. Spott The State of Wisconsin has joined several other states in shutting down all nonessential businesses with its newly issued Safer At Home Order, which is effective at 8:00 a.m on Wednesday, March 25, 2020, and will remain in effect until 8:00 a.m on Friday,...
Read MorePractical Technology Considerations for Employers Implementing Work at Home
March 23, 2020By: Katherine M. Hampel and M. Andrew Skwierawski As businesses have moved to largely remote operations in response to COVID-19, employers are at an increased risk for exposure of sensitive information and are more susceptible to cyber threats than in traditional office settings. While the potential health effects of the virus were known ahead of...
Read MoreGuidance to Manufacturers in Managing Operations during the COVID-19 Crisis
March 23, 2020By: Sherry D. Coley and Tiffany E. Woelfel As the COVID-19 crisis continues for the foreseeable future, manufacturers will become the life-line of our country for two reasons. First, manufacturers will be relied upon to produce much needed supplies, both medical and home-essential supplies. Second, manufacturers will be critical to keeping the supply chains from...
Read MoreEmployer Guidance: Preparing for a Positive COVID-19 Test Among Employees
March 23, 2020By: Abby S. Busler As the pandemic escalates, businesses are adapting and reacting to the changing times. It is likely that employers will have employees test positive with COVID-19 within the next few weeks and months. The positive tests will create employee absenteeism, changes in patterns of commerce and potential interruptions of supply/delivery. Many of...
Read MoreProceed, Pause or Be Damned? Immediate Construction Contract Considerations for Owners and Contractors
March 20, 2020By: Matthew R. McClean COVID-19 is causing many of us to alter expectations. Many in the construction industry are confronting this reality and need to prepare for the potential legal implications. Construction businesses are looking at three significant, interrelated issues from virus’ impact: labor (having healthy, able workers available in the time of social distancing...
Read MoreEmergency Use of Remote Online Notarization
March 20, 2020By: Joseph E. Tierney IV Update: The Department of Financial Institutions (DFI) issued emergency guidance on remote notarizations last week. Such emergency guidance referenced certain types of estate planning documents and included citations to state statutes addressing certain types of estate planning documents. The Department has reconsidered its initial guidance and, as of March 20,...
Read MoreBorrowers Under SBA 504 and SBA 7(a) Loan Programs Eligible for Deferral of Principal, Interest and Fees for up to Six Months
March 20, 2020By: Lawrence J. Glusman and Michael Van Someren To address temporary business interruptions, U.S. Small Business Administration (SBA) lenders nationwide have authority to defer payments of principal, interest and servicing fees for up to six months. Borrowers with existing loans under the SBA 504 Loan (Certified Development Company) program and the SBA 7(a) Loan Guarantee...
Read MoreEmployer Relief May Be in Sight – Senate Bill Includes Forgivable Loans to Maintain Payroll for Next Four Months
March 20, 2020By: Michael Van Someren and Lawrence J. Glusman The Senate is currently considering a bill that could greatly increase the ability of employers to retain their employees. The Coronavirus Aid, Relief, and Economic Security Act or “CARES Act” is currently being considered by the U.S. Senate. While it has not yet passed and includes a...
Read MoreCOVID-19 and Contract Enforceability
March 20, 2020By: Daniel A. Kaminsky In the coming days, weeks, and months, it is likely that we will see failures to perform under contracts that are related to COVID-19 (e.g., failures to perform arising out of the ongoing temporary closures of businesses and institutions across the State of Wisconsin, the United States of America, and globally). ...
Read MorePresident Trump Signs Relief Package for Employers: Families First Coronavirus Response Act
March 19, 2020By: Abby S. Busler, Gini L. Hendrickson and Laurie E. Meyer Late last night, President Trump signed the Families First Coronavirus Response Act (FFCRA), an emergency relief package designed to assist employers and employees in the wake of the 2019 coronavirus pandemic (COVID-19). This signature is on the heels of the Senate which voted to...
Read MoreWisconsin Acts to Secure State and Federal Assistance for Small Businesses Affected by COVID-19
March 18, 2020By: Sherry D. Coley and Tiffany E. Woelfel Federal Small Business Administration Economic Injury Disaster Loans On March 18, 2020, Governor Evers requested that the Administrator of the U.S. Small Business Administration (“SBA”) declare COVID-19 a disaster for Wisconsin. Once the SBA declares Wisconsin a disaster area, it will allow Wisconsin small businesses in all...
Read MoreTelework, Shortened Work Schedules, Layoffs, and Worksite Closures: Handling Employment Interruptions in the Age of COVID-19
March 18, 2020By: Laurie E. Meyer and Abby S. Busler Virtually all employers are grappling with employment-related questions given the novel coronavirus (COVID-19) pandemic. Many employers are investigating or already implementing telework options. Unfortunately, many employers are being forced to consider furloughing employees (by reducing their days, hours, or shifts) or laying them off, whether temporarily or...
Read MoreDue Date for Payment of Certain Taxes Due April 15, 2020 Postponed to July 15, 2020 Pursuant to IRS Notice 2020-17
March 18, 2020By: Mark G. Kmiecik The Treasury Department issued guidance on March 18, 2020, certain taxpayers to delay payment of income taxes for 90 days. This relief was first described by a Treasury Secretary Mnuchin in a March 17, 2020, press conference. IRS Notice 2020-17 entitled “Relief for Taxpayers Affected by Ongoing Coronavirus Disease 2019″ provides...
Read MoreNew Limits on Gatherings and Private Businesses in Wisconsin
March 17, 2020By: Sherry D. Coley and Tiffany E. Woelfel Executive Order #5 This afternoon, Governor Evers and Secretary Palm of the Department of Health Services issued Emergency Order #5 (“EO #5”) in a further attempt to restrict the spread of COVID-19. EO #5 restricts mass gatherings of 10 or more people and will substantially impact businesses...
Read MoreCOVID-19 Impact: Considerations for Business Shutdown Preparation
March 17, 2020By: Ryan M. Spott and Joseph E. Tierney IV As the impact of the COVID-19 pandemic continues to heighten, many business owners are faced with making the extremely difficult decision to close their doors in an effort to help reduce the spread of coronavirus. Such decisions can trigger wage and hour factors, supply chain ripple...
Read MoreSupporting Local Businesses During the COVID-19 (Coronavirus) Outbreak
March 13, 2020By: Alexander T. Kay Small businesses are essential to the vitality of our local economy and community. It is important that we support the small businesses in our community during the COVID-19 (Coronavirus) outbreak. COVID-19 continues to spread globally even with individuals, businesses, and governments undertaking reasonable precautions. The magnitude of COVID-19’s impact on the...
Read MoreImpact of COVID-19 on Supply Chain Contracts and Responding to Force Majeure Claims
March 12, 2020By: Joseph E. Tierney IV Has COVID-19, the coronavirus, caused supply chain problems for your business? Review your contracts for a “force majeure” clause. A force majeure clause is a common provision in contracts. It is a contractual provision allocating the risk of loss if performance becomes impossible or impracticable, especially as a result of...
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State and Local Safer/Stay At Home Orders
Webinar | Litigation Concerns Spike as the State Opens – Green Bay Packers Mentor-Protégé Program
June 10, 2020On Tuesday, June 9 Davis|Kuelthau’s Litigation attorney, Kathy L. Nusslock and Labor and Employment attorney, Anthony J. Steffek hosted a webinar for members of the Green Bay Packers Mentor-Protégé Program. The webinar addressed issues related to an increase in litigation concerns as the State opens and the liability of businesses for COVID related issues. For...
Read MoreLocal Safer At Home Orders Changed Rapidly After Statewide Order Struck Down; Businesses Encouraged to Review Local Orders Regularly to Ensure Compliance
May 19, 2020By: Sherry D. Coley and Tiffany E. Woelfel After the Wisconsin Supreme Court struck down the statewide Safer At Home order on Wednesday, May 13, 2020, a number of local governments, at the county, city, and village levels, began issuing their own Safer At Home orders. By Wednesday evening, Brown and Dane Counties had issued...
Read MoreSafer At Home Overruled – Is It Business As Usual? | Business Liability Considerations
May 14, 2020By: Kathy L. Nusslock Part I of Our Business Liability Series on Returning to Work On May 13, 2020, the Wisconsin Supreme Court ruled the Secretary-designee of the Department of Health Services (DHS) failed to follow emergency rule procedures and exceeded her authority when she issued Emergency Order #28, ordering everyone to stay home, closing...
Read MoreBusinesses Must Be Aware of Local Safer At Home Orders, Including Those in Brown, Dane, Kenosha, and Rock Counties, Parts of Milwaukee County, and the Cities of Appleton, Madison, Milwaukee, and Racine
May 14, 2020By: Sherry D. Coley and Tiffany E. Woelfel May 15, 2020, 4:00 PM Update This article was originally published the morning of May 14, 2020, and was accurate as of the time of publishing. Since publication, a number of additional counties and local governments have implemented Safer At Home Orders. Additionally, a number of counties...
Read MoreGovernor Evers “Turns the Dial” to Begin Further Relaxing Restrictions on Businesses Categorized by the State as Non-Essential Retail
May 11, 2020By: Sherry D. Coley and Tiffany E. Woelfel On May 11, 2020, Governor Evers issued Emergency Order #36, which further relaxes restrictions on retail businesses categorized by the State as non-essential. The Order allows for non-essential retail businesses to open their doors to customers for in-person shopping, provided that the entrance into the store be...
Read MoreWisconsin’s New Safer At Home Order Alters Restrictions on Businesses
April 16, 2020By: Sherry D. Coley and Tiffany E. Woelfel On April 16, 2020, Governor Evers and the Department of Health Services issued an extension to the Safer At Home Order. Emergency Order #28 will begin on April 24, 2020, and will continue until May 26, 2020, at 8 a.m., unless altered. The extended Order provides new...
Read MoreWebinar Replay: On the First Day of FFCRA a Lawyer Gave to Me… Navigating Municipal Hurdles in the #SaferAtHome Era
March 31, 2020The impact of COVID-19 is imparting an unprecedented burden on municipalities across Wisconsin. Breaking news is the new constant, leaving elected officials and administrators buried in pending urgent decisions amidst a sea of uncertainty. Davis|Kuelthau is dedicated to helping each of you through these challenging times. Members of our Municipal Team, James M. Kalny, Anthony (Tony) Steffek and Abby Busler held a live...
Read MoreWebinar Replay: Managing Your Workforce in the #SaferAtHome Era
March 27, 2020Davis|Kuelthau hosted a complimentary webinar on Monday, March 30th for all Wisconsin businesses navigating the myriad employment hurdles stemming from the COVID-19 pandemic and the Essential Business mandates across Wisconsin. D|K Employment Law Attorneys, Laurie Meyer and Anthony Steffek, held a Q&A forum addressing topics such as: Telework Furloughs Layoffs FFCRA applicability for leave What employers can ask of...
Read MoreWebinar Replay: Managing Education in the #SaferAtHome Era: K-12 Guidance for Administrators
March 27, 2020The impact of COVID-19 is imparting an unprecedented burden on educators across Wisconsin. Breaking news is the new constant, leaving board members, superintendents and other administrators buried in pending urgent decisions amidst a sea of uncertainty. Davis|Kuelthau is dedicated to helping each of you through these challenging times. Members of our School Team, Robert (Bob) Burns, Anthony (Tony)...
Read MoreGuidance for Businesses Resolving Multiple “Shelter in Place” Orders and Differing Definitions of “Essential Business”
March 25, 2020By: Sherry D. Coley and Tiffany E. Woelfel Although California was the first state to issue a “shelter in place” order on March 19, 2020, it quickly became clear that it would not be the last. Since the 19th, approximately 21 states have issued similar orders as they combat the COVID-19 outbreak and try to...
Read MoreStay-At-Home and Safer At Home Orders Impose Restrictions on Residential Landlords and Rental Property Managers
March 24, 2020By: Daniel A. Kaminsky On March 23, 2020, the City of Milwaukee Health Department published the Order of the City of Milwaukee Commissioner of Health Imposing A City-Wide “Stay-At-Home” Requirement To Mitigate The Spread of COVID-19 (the “City of Milwaukee Order”)[1]. On March 24, 2020, the State of Wisconsin Department of Health Services published Emergency...
Read MoreAre You an “Essential Business” in Wisconsin Under the Safer At Home Order?
March 24, 2020By: Mark G. Kmiecik, Abby S. Busler and Ryan M. Spott The State of Wisconsin has joined several other states in shutting down all nonessential businesses with its newly issued Safer At Home Order, which is effective at 8:00 a.m on Wednesday, March 25, 2020, and will remain in effect until 8:00 a.m on Friday,...
Read MoreGovernor Evers Announces Order Allowing Only Essential Businesses to Remain Open; Designations for Wisconsin Are Pending
March 23, 2020By: Abby S. Busler On March 23, 2020, Governor Evers announced his plan to issue a #SaferAtHome order. This order will allow only “essential businesses” to remain open, encouraging social distancing and requesting that Wisconsinites stay at home. At Governor Evers’ 1:30 p.m. press conference, he announced the detailed order will be issued on Tuesday,...
Read MoreGuidance to Manufacturers in Managing Operations during the COVID-19 Crisis
March 23, 2020By: Sherry D. Coley and Tiffany E. Woelfel As the COVID-19 crisis continues for the foreseeable future, manufacturers will become the life-line of our country for two reasons. First, manufacturers will be relied upon to produce much needed supplies, both medical and home-essential supplies. Second, manufacturers will be critical to keeping the supply chains from...
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Tax
City of Milwaukee Board of Review Extends Property Tax Notice of Assessment Objection/Appeal Deadline to June 8, 2020
May 18, 2020By: Christopher J. Jaekels and Ryan M. Spott On Friday, May 15, 2020, the City of Milwaukee Board of Review voted to extend the deadline for filing assessment objections for 3 weeks to Monday, June 8, 2020, at 4:45 p.m. The Board of Review extended the deadline to assist residential property owners, many of whom...
Read MoreIRS Clarifies Stimulus Checks Sent to Deceased Taxpayers Must Be Returned
May 8, 2020By: Jacqueline L. Messler The Coronavirus Aid, Relief and Economic Security (CARES) Act, signed into law March 27, made cash rebates of up to $1,200 available to 150 million Americans. Shortly after the IRS started sending payments, there were stories of payments being made to deceased taxpayers. Specifically, checks were made payable to the...
Read MoreCity of Milwaukee Property Tax Notice of Assessment Objection/Appeal Deadline – May 18, 2020
May 5, 2020By: Christopher J. Jaekels and Ryan M. Spott On Friday, May 15, 2020, the City of Milwaukee Board of Review voted to extend the deadline for filing assessment objections for 3 weeks to Monday, June 8, 2020, at 4:45 p.m. For more details, see our May 18 article, City of Milwaukee Board of Review Extends...
Read MoreIRS Issues Strict Rules and Documentation Requirements for Required Paid Leave Credit, Launches Employee Retention Credit
April 1, 2020By: Bruce B. Deadman and Laurie E. Meyer Yesterday the IRS took two actions which have an immediate impact on employers regarding what documentation they must keep in order to get a refundable tax credit for their employees’ paid leave under the Families First Coronavirus Response Act (FFCRA), and how businesses may qualify for a...
Read MoreCARES Act: Historic Senate Legislation to Provide Individuals with Personal Tax Rebates Among Other Tax Advantages (Updated March 27, 2020)
March 26, 2020By: Ann M. Rieger On Friday, March 27th, the House of Representative approved the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The Act, which is designed to provide economic relief as the United States adapts to the outbreak of COVID-19, had previously been approved by the Senate in the late hours of March...
Read MoreClaiming Tax Credits For Paid Leave Under The Emergency Family And Medical Leave Act And The Emergency Paid Sick Leave Act
March 26, 2020By: Mark G. Kmiecik and James M. Kalny The Families First Coronavirus Response Act (“Act”) provides two new refundable payroll tax credits (“tax credits”) for employers providing paid emergency sick leave or paid FMLA, including tax relief for self-employed individuals. As written, however, the Act is not practical as to these tax credits, since an...
Read MoreCARES Act: Robust Tax Benefits for Businesses
March 26, 2020By: Gini L. Hendrickson and Mark G. Kmiecik Near the midnight hour on March 25, 2020, the U.S. Senate unanimously passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) which includes numerous robust tax benefits to businesses in its $2 trillion aid package designed to assist the economy as it endures the effects...
Read MoreDue Date for Payment of Certain Taxes Due April 15, 2020 Postponed to July 15, 2020 Pursuant to IRS Notice 2020-17
March 18, 2020By: Mark G. Kmiecik The Treasury Department issued guidance on March 18, 2020, certain taxpayers to delay payment of income taxes for 90 days. This relief was first described by a Treasury Secretary Mnuchin in a March 17, 2020, press conference. IRS Notice 2020-17 entitled “Relief for Taxpayers Affected by Ongoing Coronavirus Disease 2019″ provides...
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Technology
Practical Technology Considerations for Employers Implementing Work at Home
March 23, 2020By: Katherine M. Hampel and M. Andrew Skwierawski As businesses have moved to largely remote operations in response to COVID-19, employers are at an increased risk for exposure of sensitive information and are more susceptible to cyber threats than in traditional office settings. While the potential health effects of the virus were known ahead of...
Read MoreHealthcare Providers May Now Use Apple FaceTime, Facebook Messenger Video Chat, Google Hangouts Video and Skype to Provide Telehealth to Patients During COVID-19 Public Emergency
March 19, 2020By: Mark G. Kmiecik On March 18, 2020, the HHS Office for Civil Rights (“OCR”) announced that covered healthcare providers (“providers”) may now use Apple FaceTime, Facebook Messenger video chat, Google Hangouts video, and Skype to provide telehealth to patients during the COVID-19 nationwide public health emergency without fear or the risk that OCR might...
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Trademarks
The United States Patent and Trademark Office Finally Weighs in on the CARES Act Allowing Waiver of Patent-Related and Trademark-Related Timing Deadlines
April 1, 2020By: Joseph S. Heino and Erin E. Kaprelian The United States Patent and Trademark Office (USPTO) announced a temporary waiver of certain timing deadlines in view of the current COVID-19 outbreak. Section 12004(a) of the CARES Act provides the USPTO with the ability to toll, waive, adjust, or modify any deadline under the America Invents...
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Trusts and Estates
IRS Clarifies Stimulus Checks Sent to Deceased Taxpayers Must Be Returned
May 8, 2020By: Jacqueline L. Messler The Coronavirus Aid, Relief and Economic Security (CARES) Act, signed into law March 27, made cash rebates of up to $1,200 available to 150 million Americans. Shortly after the IRS started sending payments, there were stories of payments being made to deceased taxpayers. Specifically, checks were made payable to the...
Read MoreCARES Act: Historic Senate Legislation to Provide Individuals with Personal Tax Rebates Among Other Tax Advantages (Updated March 27, 2020)
March 26, 2020By: Ann M. Rieger On Friday, March 27th, the House of Representative approved the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The Act, which is designed to provide economic relief as the United States adapts to the outbreak of COVID-19, had previously been approved by the Senate in the late hours of March...
Read MoreEmergency Use of Remote Online Notarization
March 20, 2020By: Joseph E. Tierney IV Update: The Department of Financial Institutions (DFI) issued emergency guidance on remote notarizations last week. Such emergency guidance referenced certain types of estate planning documents and included citations to state statutes addressing certain types of estate planning documents. The Department has reconsidered its initial guidance and, as of March 20,...
Read MoreDue Date for Payment of Certain Taxes Due April 15, 2020 Postponed to July 15, 2020 Pursuant to IRS Notice 2020-17
March 18, 2020By: Mark G. Kmiecik The Treasury Department issued guidance on March 18, 2020, certain taxpayers to delay payment of income taxes for 90 days. This relief was first described by a Treasury Secretary Mnuchin in a March 17, 2020, press conference. IRS Notice 2020-17 entitled “Relief for Taxpayers Affected by Ongoing Coronavirus Disease 2019″ provides...
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Coronavirus Mapping and Data Overview:
- CDC COVID-19 risk assessment by country
- U.S. Department of State Travel Advisories
- 17 responsible live visualizations about the coronavirus
- Number of people currently confirmed to have COVID-19, in the US
- John Hopkins Dashboard Map
International Agency Guidance:
- World Health Organization (WHO)
- McKinsey and Company prepared a report on “COVID-19: Implications for business.”
Federal Agency Guidance:
- U.S. Department of Homeland Security’s Memo Identifying Essential Critical Infrastructure Workers During COVID-19 Response
- U.S. Environmental Protection Agency Disinfectants for Use Against SARS-CoV-2 (EPA)
- U.S. Department of Labor: Wage and Hour (DOL)
- U.S. Department of Labor: Coronavirus Resources (DOL)
- U.S. Department of Health and Human Services (HHS)
- U.S. Department of State (State Department)
- Guidance on Preparing Workplaces for COVID-19 (OSHA)
- Centers for Disease Control and Prevention (CDC) The Centers for Disease Control and Prevention central hub for information gov.
- National Center for Health Statistics (CDC)
- Public Health Emergency COVID-19: 2019 Novel Coronavirus Disease (U.S. Department of Health and Human Services)
- Teleworking has never been more important (U.S. Office of Personnel Management)
- Combating the Coronavirus (S. Chamber of Commerce)
- Coronavirus: What You Need to Know (National Governors Association)
Workplace Guidance for Employees and Employers:
- Federal Employee Rights
- Employee Rights
- Better Business Bureau tips on COVID-19
- Interim Guidance for Businesses and Employers from the CDC Plan, Prepare and Respond to Coronavirus Disease 2019
- CDC Guidelines for keeping workplaces, homes, schools, or commercial establishments safe.
- CDC Coronavirus Disease 2019 Additional guidelines for employers.
- The U.S. Chamber of Commerce has issued guidelines for employers on preparing for challenges that may arise because of the coronavirus outbreak.
- Workplace Tips and resources for employers to combat the virus.
- View the U.S. Chamber’s Corporate Aid Tracker for details on how businesses are helping nationwide.
- American Chamber of Commerce in China results from Corvid 19 Business Impact survey
- U.S. Chamber Foundation’s Resilience in a Box created in partnership with the UPS Foundation.
- Husch Blackwell posted a blog: Coronavirus at work: Yes, one business meeting can make a difference.
- COVID-19 (“Coronavirus”) Information and Resources for Schools and School Personnel (U.S. Department of Education)
State Agency Guidance:
- Governor Tony Evers Wisconsin COVID-19 Coronavirus Information
- State of Wisconsin
- Wisconsin Department of Health Services
- Wisconsin Economic Development Corporation COVID-19 Business Resources
- Department of Public Instruction (DPI)
- COVID-19 Member Guide Wisconsin Veterans Chamber of Commerce
Hospitality Industry Guidance:
- Food Industry Preparedness (Food Industry Association)
- Coronavirus Preparedness Checklist for Events (WHO)