Davis|Kuelthau Commercial Finance and Corporate attorney, Lawrence J. Glusman recently sat down with David Cody, Chief Executive Officer and Founder at ACAP to discuss the improvements and other changes in the second round of the Paycheck Protection Program. The discussion was moderated by Jason Monnett, Senior Vice President and the Senior...
As the end of year approaches, our thoughts turn to the holidays…and year-end tax planning. Especially in this year where there have been numerous disruptions, it is valuable to set aside some time to review company actions from a tax perspective. The following list outlines a few items that we believe companies should review before the holidays....
Sales are negotiated and consummated between companies every day. What can often get overlooked in transactions are the terms and conditions within the variety of documents being exchanged between the contracting companies. At minimum, a purchase order and a sales order are likely to be exchanged and typically include terms and conditions....
Wisconsin 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 –...
By: Lawrence J. Glusman On 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...
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, drafting and reviewing contracts you will...
By: 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 whole...
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,...
By: 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...
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 change is to the definition of “covered period”...
