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

Commercial Finance

Commercial Real Estate

Construction

  • CDC’s Detailed Guidance to Reopen Businesses

    May 21, 2020

    By: 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 More
  • SBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions

    May 16, 2020

    By: 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 More
  • Safer At Home Overruled – Is It Business As Usual? | Business Liability Considerations

    May 14, 2020

    By: 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 More
  • Webinar | Building Business: Getting Work and Legal Issues During a Pandemic

    May 14, 2020

      Click 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 More
  • Wisconsin’s New Safer At Home Order Alters Restrictions on Businesses

    April 16, 2020

    By: 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 More
  • To Keep Your Real Estate Deals Moving, Consider a Pause Provision

    April 16, 2020

    By: 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 More
  • Anticipatory Breach of Contracts May Become More Common in a Time of Uncertainty

    March 25, 2020

    By: 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 More
  • Proceed, Pause or Be Damned? Immediate Construction Contract Considerations for Owners and Contractors

    March 20, 2020

    By: 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 More
  • Emergency Use of Remote Online Notarization

    March 20, 2020

    By: 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 More
  • COVID-19 and Contract Enforceability

    March 20, 2020

    By: 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 More
  • Impact of COVID-19 on Supply Chain Contracts and Responding to Force Majeure Claims

    March 12, 2020

    By: 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

Contracts

  • Get Closer With Your Contracts During the COVID-19 Pandemic

    May 26, 2020

    By: 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 More
  • To Keep Your Real Estate Deals Moving, Consider a Pause Provision

    April 16, 2020

    By: 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 More
  • Anticipatory Breach of Contracts May Become More Common in a Time of Uncertainty

    March 25, 2020

    By: 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 More
  • Proceed, Pause or Be Damned? Immediate Construction Contract Considerations for Owners and Contractors

    March 20, 2020

    By: 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 More
  • Emergency Use of Remote Online Notarization

    March 20, 2020

    By: 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 More
  • COVID-19 and Contract Enforceability

    March 20, 2020

    By: 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 More
  • Impact of COVID-19 on Supply Chain Contracts and Responding to Force Majeure Claims

    March 12, 2020

    By: 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

Coronavirus Aid, Relief, and Economic Security Act (CARES Act)

Corporate

Education

  • Special Education Considerations in the Virtual Education Setting

    April 20, 2020

    By: 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 More
  • CARES Act: Educational Impact for School Districts

    April 14, 2020

    By: 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 More
  • Webinar Replay: Managing Education in the #SaferAtHome Era: K-12 Guidance for Administrators

    March 27, 2020

    The 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, 2020

    By: 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 More
  • FAPE During a Pandemic, What Does it Mean?

    March 26, 2020

    By: 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 More
  • CARES Act Passed Providing Forgivable Loans to Maintain Business Continuity in Trying Times (Updated March 27, 2020)

    March 26, 2020

    By: 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 More
  • COVID-19 Student Loan Impact and COVID-19 Free Testing

    March 25, 2020

    By: 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 More
  • School District COVID-19 Update and Resources

    March 19, 2020

    By: 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 More
  • COVID-19 Closes K-12 Public and Private Schools – Employers Must Adapt

    March 13, 2020

    By: 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 More
  • DHS and DPI Issued Guidance for School Districts Preparing for the Coronavirus

    March 11, 2020

    By: 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 More

Emergency Family and Medical Leave Expansion Act (EFMLA)

Emergency Loans

Emergency Paid Sick Leave Act (EPSLA)

Employee Benefits

Environmental Protection Agency (EPA)

  • COVID-19 Era Environmental Compliance

    April 8, 2020

    By: 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 More
  • EPA Issues Guidance on Enforcement Discretion During COVID-19 Pandemic

    March 30, 2020

    By: 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...

    Read More

Essential Businesses

Families First Coronavirus Response Act (FFCRA)

  • Avoiding Employment-Related Liability as Employees Return to Work

    June 29, 2020

    By: 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 More
  • FFCRA Regulations

    April 8, 2020

    By: 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 More
  • IRS Issues Strict Rules and Documentation Requirements for Required Paid Leave Credit, Launches Employee Retention Credit

    April 1, 2020

    By: 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 More
  • The “Small Business Exemption” to the Families First Coronavirus Response Act (FFCRA): Who Qualifies? And What is the Exemption?

    April 1, 2020

    By: 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 More
  • Updates Regarding Families First Coronavirus Response Act Date Change

    March 30, 2020

    By: 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 More
  • Employer Guidance: Preparing for a Positive COVID-19 Test Among Employees

    March 23, 2020

    By: 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 More

Food and Beverage Industry

Foreclosures

Health Care

  • CDC’s Detailed Guidance to Reopen Businesses

    May 21, 2020

    By: 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 More
  • CMS Recommends States Use “Extreme Caution” in Relaxing Nursing Home Restrictions

    May 19, 2020

    By: 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 More
  • State Will Disclose Nursing Homes with COVID Cases

    May 8, 2020

    By: 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 More
  • New State Relief Bill Marks Fundamental Change in Workers’ Compensation Law for “First Responders”

    April 16, 2020

    By: 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 More
  • Health Care Providers Get Limited Immunity Under State Coronavirus Law

    April 16, 2020

    By: 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 More
  • State Sets Emergency Training Rules to Help Nursing Home Staffing Amid COVID-19

    April 13, 2020

    By: 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 More
  • CARES Act Includes Financial Support for Nursing Homes

    March 27, 2020

    By: 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
  • Healthcare 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, 2020

    By: 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 More
  • Secretary Azar Waives Certain HIPAA Sanctions and Penalties Against Covered Hospitals

    March 17, 2020

    By: 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 More
  • CMS Suspends Nursing Home Inspections, Offers Guidance in Wake of Coronavirus

    March 6, 2020

    By: 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...

    Read More

Insurance

  • Safer At Home Overruled – Is It Business As Usual? | Business Liability Considerations

    May 14, 2020

    By: 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 More
  • Business Interruption Insurance for COVID-19

    March 18, 2020

    By: Brian J. Pfeil and Christopher M. Meuler 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,...

    Read More
  • Impact of COVID-19 on Supply Chain Contracts and Responding to Force Majeure Claims

    March 12, 2020

    By: 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

Intellectual Property

Labor and Employment

  • Avoiding Employment-Related Liability as Employees Return to Work

    June 29, 2020

    By: 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 More
  • EEOC’s Guidance About COVID-19 and the ADA, the Rehabilitation Act and Other EEO Laws

    June 17, 2020

    By: 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 More
  • U.S. Supreme Court Rules Title VII Protects Gay and Transgender Employees from Employment Discrimination

    June 16, 2020

    By: 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 More
  • Webinar | Litigation Concerns Spike as the State Opens – Green Bay Packers Mentor-Protégé Program

    June 10, 2020

    On 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 More
  • Webinar | Returning to Work: What will business look like after COVID-19?

    June 1, 2020

      Click 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 More
  • SBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions

    May 16, 2020

    By: 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 More
  • Safer At Home Overruled – Is It Business As Usual? | Business Liability Considerations

    May 14, 2020

    By: 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 More
  • Roundtable Discussion: Managing Your Workforce Through Reentry and Beyond

    May 14, 2020

      Association 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 More
  • Governor Evers “Turns the Dial” to Begin Further Relaxing Restrictions on Businesses Categorized by the State as Non-Essential Retail

    May 11, 2020

    By: 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 More
  • Post COVID-19 Return to Work

    April 28, 2020

    By: 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 More
  • Webinar | COVID Era and Beyond: Managing Workforce Liability Under a New Normal

    April 23, 2020

      Click 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 More
  • New State Relief Bill Marks Fundamental Change in Workers’ Compensation Law for “First Responders”

    April 16, 2020

    By: 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 More
  • CARES Act: Educational Impact for School Districts

    April 14, 2020

    By: 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 More
  • What’s in the Regular Rate? December 2019 DOL Rules and March 26, 2020 Opinion Letters Provide Clarification for the COVID-19 Era

    April 8, 2020

    By: 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 More
  • FFCRA Regulations

    April 8, 2020

    By: 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 More
  • IRS Issues Strict Rules and Documentation Requirements for Required Paid Leave Credit, Launches Employee Retention Credit

    April 1, 2020

    By: 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 More
  • The “Small Business Exemption” to the Families First Coronavirus Response Act (FFCRA): Who Qualifies? And What is the Exemption?

    April 1, 2020

    By: 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 More
  • Updates Regarding Families First Coronavirus Response Act Date Change

    March 30, 2020

    By: 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 More
  • Webinar Replay: Managing Your Workforce in the #SaferAtHome Era

    March 27, 2020

      Davis|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, 2020

    By: 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 More
  • FAPE During a Pandemic, What Does it Mean?

    March 26, 2020

    By: 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 More
  • Governor Evers Announces Order Allowing Only Essential Businesses to Remain Open; Designations for Wisconsin Are Pending

    March 23, 2020

    By: 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,...

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  • Practical Technology Considerations for Employers Implementing Work at Home

    March 23, 2020

    By: 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...

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  • Employer Guidance: Preparing for a Positive COVID-19 Test Among Employees

    March 23, 2020

    By: 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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  • Telework, Shortened Work Schedules, Layoffs, and Worksite Closures: Handling Employment Interruptions in the Age of COVID-19

    March 18, 2020

    By: 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...

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  • New Limits on Gatherings and Private Businesses in Wisconsin

    March 17, 2020

    By: 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...

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  • COVID-19 Impact: Considerations for Business Shutdown Preparation

    March 17, 2020

    By: 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

Lenders

Litigation

  • COVID-19 Waivers: Can They Reduce Your Business Risk?

    June 18, 2020

    By: 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...

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  • Webinar | Litigation Concerns Spike as the State Opens – Green Bay Packers Mentor-Protégé Program

    June 10, 2020

    On 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...

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  • CMS Recommends States Use “Extreme Caution” in Relaxing Nursing Home Restrictions

    May 19, 2020

    By: 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...

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  • Safer At Home Overruled – Is It Business As Usual? | Business Liability Considerations

    May 14, 2020

    By: 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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  • Roundtable Discussion: Managing Your Workforce Through Reentry and Beyond

    May 14, 2020

      Association 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...

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  • Save Small Business Fund: Provides Grants to the Smallest of Small Businesses, Opens April 20

    April 17, 2020

    By: 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...

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  • Take Caution with Filing Deadlines During COVID-19 Crisis

    April 1, 2020

    By: 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...

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  • Anticipatory Breach of Contracts May Become More Common in a Time of Uncertainty

    March 25, 2020

    By: 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...

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  • Proceed, Pause or Be Damned? Immediate Construction Contract Considerations for Owners and Contractors

    March 20, 2020

    By: 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...

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  • COVID-19 and Contract Enforceability

    March 20, 2020

    By: 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). ...

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  • Business Interruption Insurance for COVID-19

    March 18, 2020

    By: Brian J. Pfeil and Christopher M. Meuler 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,...

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  • Impact of COVID-19 on Supply Chain Contracts and Responding to Force Majeure Claims

    March 12, 2020

    By: 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, 2020

    By: 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 More
  • CDC’s Detailed Guidance to Reopen Businesses

    May 21, 2020

    By: 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...

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  • SBA Releases PPP Loan Forgiveness Application and Instructions: Lays Out Calculation Process and Clarifies Some Open Questions

    May 16, 2020

    By: 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...

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  • Safer At Home Overruled – Is It Business As Usual? | Business Liability Considerations

    May 14, 2020

    By: 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 More
  • Wisconsin’s New Safer At Home Order Alters Restrictions on Businesses

    April 16, 2020

    By: 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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  • Wisconsin Offers Legal Protection for Those Manufacturing Emergency Medical Supplies

    April 16, 2020

    By: 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...

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  • Guidance to Manufacturers in Managing Operations during the COVID-19 Crisis

    March 23, 2020

    By: 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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  • New Limits on Gatherings and Private Businesses in Wisconsin

    March 17, 2020

    By: 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 More
  • Impact of COVID-19 on Supply Chain Contracts and Responding to Force Majeure Claims

    March 12, 2020

    By: 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

Municipal

Non-Profit Organizations

Paycheck Protection Program

Securities

  • SEC Emphasizes Anti-Fraud Protections During COVID-19 Pandemic

    March 25, 2020

    By: 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

State and Local Safer/Stay At Home Orders

Tax

Technology

Trademarks

Trusts and Estates

Coronavirus Mapping and Data Overview:

International Agency Guidance:

Federal Agency Guidance:

Workplace Guidance for Employees and Employers:

State Agency Guidance:

Hospitality Industry Guidance: