Publications

CARES Act: Robust Tax Benefits for Businesses

By: 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 of the...

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CARES Act Passed Providing Forgivable Loans to Maintain Business Continuity in Trying Times (Updated March 27, 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 continuity of operations...

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

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

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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Guidance for Businesses Resolving Multiple “Shelter in Place” Orders and Differing Definitions of “Essential Business”

By: 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 flatten the curve. Not only are states...

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SEC Emphasizes Anti-Fraud Protections During COVID-19 Pandemic

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...

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Are You an “Essential Business” in Wisconsin Under the Safer At Home Order?

By: 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, April 24, 2020, or until a superseding...

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